[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 3-16-1972 by Ord. No. 4-72 as Ch. 70, Art. II, of
the 1972 Code. Amendments noted where applicable.]
It shall be unlawful for any person to paint, post, tack, distribute
or circulate circulars, bills or advertising matter of any kind or
description in the Borough without first obtaining a license.
Application for the distribution and/or circulation of circulars or other advertising matter and for the painting, posting or tacking of circulars, bills, handbills or other advertising matter shall be made to the Borough Clerk, and the license shall issue upon payment of an annual license fee as provided in Chapter 210, Fees.
Nothing herein contained shall be construed to prohibit the
posting without a license, in proper places, by those duly authorized,
of real estate sales, "to let" signs, notices of sheriff's sales
and other legal notices, or to prevent the painting or posting of
proper advertising signs by a duly licensed person on wastepaper boxes
maintained by the Borough or under contract with the Borough or the
proper distribution and delivery to subscribers of newspapers regularly
entered according to Act of Congress or of any other periodical publication
of reputable standing not containing seditious or unpatriotic sentiments
or other matter inimical to the laws or Constitution of this state
or of the United States.
A periodical publication, within the meaning of this chapter,
shall be construed to mean a regular newspaper or magazine containing
a fair proportion of ordinary reading matter, but the exception herein
contained in favor of any such periodical publication shall not be
construed to permit the distribution, without a license, of any mere
advertising publication not containing a fair proportion of reading
matter.
Nothing herein contained shall be construed to prohibit any
person without a license from the distribution of circulars or advertising
for sale of his or its own goods, wares or merchandise on property
owned or rented by such person or the distribution of circulars or
advertising relating to elections.
No person shall paint or post bills or other advertising matter
on any fence or other private property without the consent of the
owner or on any post, pole, tree, tree box or obstruction placed thereon
or around or on any tree, pole, post or any sidewalk or highway.
No person, whether licensed hereunder or not, shall distribute,
paint or post any advertising or other printed matter in the Borough
containing seditious or unpatriotic sentiments or other matter inimical
to the laws or Constitution of this state or of the United States.
Every person to whom a license is issued hereunder for painting,
posting or advertising matter shall carry such license with him at
all times while engaged in the business for which such license is
issued and shall exhibit the same upon demand to any member of the
Police Department of the Borough.
Every circular, bill or other advertising publication distributed
pursuant to a license issued hereunder shall contain the number and
year of such license and shall also have printed thereon in a prominent
place, in clearly readable type, the following words: "Any person
throwing or depositing this or any other paper on any public highway
in the Borough will be subject to the maximum penalties provided by
law."
If any licensee or distributor licensed hereunder shall circulate
or distribute bills, circulars or other advertising matter on any
public highway or in any public place in the Borough, such licensee
or distributor shall see to it that no such bills, circulars or other
advertising matter is deposited on any part of the public highways
or in any public park of the Borough, and if such bills, circulars
or other advertising matter so distributed by any licensee or distributor
hereunder is deposited on any of the public highways or in any public
park of the Borough by any person or persons to whom the same has
been distributed or otherwise, then and in such case it shall be the
duty of such licensee or distributor to cause any such bills, advertising
matter or circulars so deposited to be collected and taken up and
removed from any such public highway or public park within 30 minutes
after the distribution thereof by him thereon, and, failing so to
do, any such licensee or distributor shall be guilty of a violation
of this section.
No license so issued shall be construed to authorize the painting,
posting or tacking of bills, cards or other advertising matter on
any post, pole or tree or on any private property without the consent
of the owner. No circulars or advertising matter shall be distributed
in any yard, porch or vestibule of any private property or upon the
vacant lots, streets, sidewalks, public places or footways of the
Borough.
No license issued shall be construed to authorize the distribution
or circulation of medical preparations, samples or advertising matter
pertaining thereto.
This chapter shall not apply to elections.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $2,000
or imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
