For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
LITTER
Any unused or unconsumed substance or waste material which
has been discarded whether made of aluminum, glass, plastic, rubber,
paper or other natural or synthetic material, or any combination thereof,
including, but not limited to, any bottler, jar or can, any top, cap,
or detachable tab of any bottle, jar, or can, any unlighted cigarette,
cigar, match or any flaming or glowing material or any garbage, trash,
refuse, debris, rubbish, grass clippings or other law or garden waste,
newspaper, magazines, glass, metal, plastic or paper containers or
other packaging or construction material, but does not include the
waste of the primary process of mining or other extraction process,
logging, sawmilling, farming or manufacturing.
PRIVATE PROPERTY
Any dwelling or structure, whether or not occupied, as well
as any yard, grounds, sidewalk, wall, fence, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenant to such dwelling
or structure.
PUBLIC WAYS ADJACENT TO PRIVATE PROPERTY
The areas from the side edge of a highway, street or road,
whether or not curbed, to and including the sidewalk, if any, to the
front property line of the adjacent private property, and all areas
used for any public park, playground, municipal building or other
installation, including driveways, parking areas, walks, paths and
other public ways thereupon.
The provisions of this article shall not be applicable to the
delivery of:
A. Mail, parcels or packages by and in accordance with the rules of
the United States Postal Service.
B. Parcels, packages and materials by and in accordance with the rules
of the Railway Express Agency or other utility licensed or regulated
for such purposes, and those delivered by vendors where ordered by
the owner or occupant of the recipient premises.
C. Newspapers and other publications and periodicals only if subscribed
to by the owner or occupant of the recipient premises; provided, that
they are either placed firmly in a receptacle designed for such purpose
or, if none, then tightly wrapped to prevent blowing or scattering
upon the recipient premises or adjacent areas.
D. Laundry, dry cleaning, dairy, bakery and similar food products and
commercial product sampling by agreement with or invitation of the
owner or occupancy of the recipient premises.
E. Solicitation cards, brochures and flyers by duly authorized bona
fide nonprofit charitable organizations, including, but not limited
to, the United Fund, American Red Cross, religious, educational, medical
and volunteer police, fire, and ambulance organizations; provided,
that such are packaged and placed in such a manner as not to blow
or scatter upon the recipient premises or adjacent areas.
F. Noncommercial handbills of a political or other nature whose distribution
is or may be protected by constitutional rights of free speech; provided,
that such are packaged and placed in such a manner as not to blow
or scatter upon the recipient premises or adjacent areas.
G. Unsolicited and unsubscribed newspapers, publications and other periodicals
of a commercial nature, in whole or in part; provided, that the distribution
of such is in compliance with this article; and further provided,
that such are packaged and placed in such a manner as not to blow
or scatter upon the recipient premises or adjacent areas.
The delivery of unsolicited and unsubscribed newspapers, publications and other periodicals of a commercial nature, in whole or in part, shall qualify for the exception provided for in §
375-30G above, subject to and contingent upon initial and continuing compliance with the following requirements:
A. Licenses. The publisher or distributor shall, prior to any such delivery,
apply to the Township Clerk for an annual license to be effective
from July 1 to the following June 30 (or any portion thereof), on
forms to be prescribed by the Township manager requiring, in part,
complete information about the publisher, distributor, the publication
concerned, frequency of distribution, and designating specific persons,
with addresses and telephone numbers, responsible for compliance with
this article. The fee for such licenses shall be $150 per year, or
any portion thereof, to cover the costs of processing the applications
and administering the requirements provided herein.
B. Objection to delivery. The owner or occupant of any property within
the Township shall have the right, in writing, at any time, to transmit
to the Township Clerk notice of objection to the continued delivery
of any such unsolicited and unsubscribed publication by any licensee,
and the Township shall prepare and maintain, at all times on a current
basis, a list of the names and addresses of such objectors which shall
be sent to the Police Department and made available to licensees hereunder
at all times during the business hours prescribed by law for the Township
Clerk's office. Such notice of objection shall continue in effect
until revoked, and it shall be deemed a violation of this article
for any licensee to deliver, or continue to deliver, any such unsolicited
and unsubscribed publication to any such objecting owner or occupant
whose name appears on the list of objectors.
The Township Manager may, in addition to the penalties provided
for herein for violations, either suspend, revoke or refuse to renew
any such license where three or more violations of this article by
the licensee shall have occurred within any annual license period;
provided, that the licensee is first given 10 days advance written
notice of any such action and a hearing.