[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights 7-19-89 as Ord. No. 6-1989. Amendments noted where applicable.]
It shall be unlawful for any person to distribute, cast or place
in or along any of the streets or public places of the Borough of
Woodbury Heights or on any of the sidewalks or footpaths thereof or
into any vestibule or yard or upon any porch of any store, dwelling
house or other building within the limits of said borough any circulars,
handbills, advertisements or other printed matter, without first having
obtained a license from the offices of the Borough Clerk.
The Borough Clerk is hereby authorized to issue such a license
upon the payment by the applicant of the proper fee therefor as hereinafter
provided, together with the sum of $5 for the cost and expense of
issuing said license.
Every such license shall remain in full and be valid only for
the time and purpose therein expressed and shall apply to the person
or persons to whom granted and shall not be transferable.
Any person to whom such license is granted, as herein provided,
including any agent or employee of the license, is hereby required
to exhibit such license or a copy of same whenever called upon to
do so by any police officer or other authorized official of the Borough
of Woodbury Heights.
Any license issued hereunder may be revoked at any time by the
Mayor and Council of the Borough of Woodbury Heights for a violation
of any provision of this chapter.
A.
All applications for licenses, as herein provided, shall be in writing
and upon such forms as are provided for or approved by the Mayor and
Borough Council of the Borough of Woodbury Heights, and with such
application, there shall be exhibited to the Borough Clerk the circular,
advertisement, handbill or such printed matter as such licensee proposed
to distribute.
B.
In the case of charitable, political or other nonprofit organization,
it shall not be necessary to provide the Borough Clerk with a sample
of the circular advertisement handbill or other such material which
is intended for distribution.
In no event shall any license be issued hereunder unless the applicant therefor shall undertake and agree that he will, at all times, strictly observe the provisions of this chapter. The Borough Clerk is hereby authorized to issue licenses hereunder upon the payment of the fees and costs provided for herein, for one or more distributions of the printed matter recited in § 35C-1, and the license issued shall state the number of distributions authorized to be made under and by virtue of said license; provided, however, that when there are more than 10 distributions to be made, then and any such case, the licensee must obtain an annual license, which will permit any number of distributions during the course of the period for which the license is granted, not exceeding 50 distributions. All license fees under this chapter shall accompany the application and shall be as follows:
A.
For one distribution: $10;
B.
For more than one distribution; but not exceeding 10 distributions:
$25;
C.
For more than 10 distributions, this fee shall be $50 per annum and
the license issued upon payment of said fee of $50 shall be known
as an "annual license" and shall permit any number of distributions
not exceeding 50 per year.
Any charity or other nonprofit organization may apply to the
Borough Clerk for an exemption from the fees as outlined herein. Said
application for exemption shall be in writing and forwarded to the
offices of the Borough Clerk. The Borough Clerk, with the approval
of a simple majority of the Property Committee shall grant said exemption.
The Borough Clerk shall be authorized, in the event that an exemption
or waiver of fees is granted by the Property Committee, to act in
accordance with their opinion in the issuance of said permit. The
actions of the Property Committee shall be memorialized by way of
Resolution at the next regularly scheduled meeting of Mayor and Council.
All licenses issued for the distribution of the printed matter
herein before recited, shall expire at the end of the calendar year
during which they were issued.
A.
General Prohibition. Such licensee and his agents and employees shall,
under no circumstances, be permitted to distribute any such circulars,
advertisements, handbills or other printed matter in or upon the public
highways or upon any property throughout the Borough of Woodbury Heights
in such a matter or under such circumstances as might be likely to
create a breach of peace or to create an obnoxious or unsightly condition.
Such materials shall not be discarded, deposited, thrown or left upon
any parking place, street, road, avenue, park or other public place
or upon any lot or other premises, except in the matter herein provided.
B.
Distribution Requirements. Distribution of circulars, advertisements,
handbills or other printed matter, shall be accomplished in the following
manner:
(1)
To individuals: By handing such materials to them personally.
(2)
To dwelling houses, places of business or any other structures: By
leaving such materials on the porch or the entrance way of such structure
in a secure manner so as not to be blown away by the elements and
in a manner calculated to be readily observable by the occupant of
said structure upon his entry to same.
(3)
It shall be unlawful to place any such circular on a parked motor
vehicle whether on public or private property within the municipal
confines of the Borough of Woodbury Heights.
C.
Restrictions. Any person who does not wish to be the recipient of
any such circulars, advertisements, handbills or other printed matter
at his private property, whether it be his dwelling house, place of
business or other structure, shall file his name and address of such
property with the Borough Clerk. The Borough Clerk shall maintain
a list of such names and addresses and shall furnish such list to
all licensees under this chapter and shall notify all such licensees
of any additions or deletions from such lists from time to time. It
shall be a violation of this chapter to distribute any such materials
to any property, which appears on said list.
No person shall permit the distribution or delivery of any printed
matter hereinbefore recited which is vulgar, indecent, obscene, or
in any sense likely to offend the sensibilities of any resident of
the Borough of Woodbury Heights.
The provisions of this chapter shall not be construed to effect
or prohibit the distribution of the United States mail within the
Borough of Woodbury Heights or the distribution of newspapers entered
with the Post Office Department of the United States Government as
second class mail or the delivery of newspapers and publications to
subscribers (as opposed to unsolicited deliveries). It is not the
intent of this chapter to prohibit the exercise of free speech or
to inhibit the distribution of political information by any National,
State, County or Municipal political organization. Said distributions
are controlled and regulated, as set forth above.
The intent of this chapter is to prevent the careless distribution
of the articles enumerated in the sections of this chapter and to
prevent the distribution, casting or placing of any such papers on
such properties or upon public highways so that same will become obnoxious
or unsightly and to limit the amount of littering created by such
distribution.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be sentenced to a fine not exceeding
$100 for each such violation or to imprisonment not exceeding 30 days
or both at the discretion of the municipal court judge.
