As used in this article, the following terms shall have the
meanings indicated:
COMMERCIAL HANDBILL
Any printed matter, including leaflets, pamphlets, notices,
cards, circulars, handbills, etc., which advertises or promotes in
any way the goods or services of any commercial establishment and
which is delivered or distributed free of charge to the recipient.
NONCOMMERCIAL HANDBILL
Any printed matter, including leaflets, pamphlets, notices,
cards, circulars, handbills, etc., which advertises or promotes in
any way something other than the goods or services of any commercial
establishment and which is delivered or distributed free of charge
to the recipient.
No person shall distribute any commercial handbill within the Borough without having first obtained a permit to do so from the Police Department. The application for a permit shall include the name and address of both the person engaging in distribution and the person on whose account such distribution will be made, a copy of the handbill to be distributed, the date of distribution and an agreement to comply with the police regulations specified in §
180-18.
The fees for permits under this chapter shall be as set forth
in the Borough Fee Schedule, adopted by resolution of the Borough
Council, on file in the office of the Borough Clerk.
Each licensee shall be issued and shall wear a badge pursuant
to the provisions of this section.
The provisions of this chapter shall not apply to the distribution
of:
A. Commercial handbills that have been previously requested or ordered
by the owner or occupant of the premises or to the distribution of
commercial handbills by mail.
B. Mail by the United States, nor to newspapers, as defined herein,
except that newspapers shall be placed on private property in such
a manner as to prevent their being carried or deposited by the elements
upon any street, sidewalk or other public place, or upon private property.
For a violation of any provision of this article, the maximum
penalty, upon conviction thereof, shall be a fine not exceeding $1,000,
or imprisonment for up to 90 days, or a period of community service
not exceeding 90 days, or any combination thereof.
All ordinances of the Borough of Oradell which are inconsistent
with the provisions of this article are hereby repealed to the extent
of such inconsistency.
If any section, subsection, clause or phrase of this article
is for any reason held to be unconstitutional or invalid by any court
of competent jurisdiction, such decision shall not affect the remaining
portion of this article.
This article shall take effect upon adoption and publication
according to law.