[HISTORY: 1984 Code §§ 81-1—81-12 as amended through December 31, 2016. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "South Amboy City Anti-Litter Ordinance."
The purpose of this chapter is to preserve and promote the aesthetic value of the city's visual environment and to ensure traffic safety by reducing visual distractions and litter.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place.
No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
No person shall throw, deposit or distribute any handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice indicating in any manner that the owner or occupant of said premises does not desire to have his or her right of privacy disturbed or have any such handbills left upon the premises.
No person shall throw, deposit or distribute any handbill on the premises which are inhabited except by handing or transmitting such handbill directly to the owner, occupant or other person then present in or upon such private premises. In the case of inhabited private premises which are not posted, as provided in this chapter, such person, unless requested by someone on such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about the premises or sidewalks, streets or other public places; and except that mailboxes may not be used for holding any handbill when so prohibited by federal postal law or regulations.
The provisions of this section shall not apply to the distribution of mail by the United States Postal Service or to newspapers.
No person may paint, mark, write on, post or otherwise affix any handbill or sign to or upon any public property or structure without the authority of the Traffic Control Officer of the City Police Department. Authorization shall be given only for the purpose of regulating, warning, identifying and guiding traffic.
Upon approval from the Traffic Control Officer of the City Police Department, construction contractors and utility companies may erect temporary signs at work sites to protect the public, equipment and workers.
The City of South Amboy may post signs without notice to protect the public and/or employees from harm.
Property protected by this chapter includes, but is not limited to, traffic signal poles, traffic signal facilities, traffic signs, parking meters, utility poles, telephone poles, trees, United States mail receptacles, litter receptacles, benches, bus shelters, vacant buildings, fences bordering vacant lots, public buildings or any object affixed to or placed thereon for public purposes or for the use of the public.
Without the consent of the owner or authorized agent for such property, no person may paint, write, post or otherwise affix any handbill or sign to or upon any private property. This shall include, but is not limited to, utility poles, telephone poles, private fences and private trees.
Any handbill or sign found posted or otherwise affixed upon any public or utility property contrary to the provisions of this chapter may be removed by the company, utility, organization or individual owning or responsible for maintaining that property, or the City Division of Public Works. When the property in question is not owned by the City of South Amboy, written permission shall be obtained before removal of any sign or handbill.
For the purposes of this section, there shall be a presumption that:
The real estate agent, broker, brokerage firm or other person whose name or telephone number appears on the handbill or sign is the person responsible for posting the handbill or sign advertising property for sale, lease or rent;
The candidate seeking office is the person responsible for posting the handbill or sign promoting the candidate for public office;
The owner, or lessee if the property is leased, of property used for a yard or garage sale is the person responsible for posting a handbill or sign advertising a yard or garage sale;
The owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting the handbill or sign advertising the subject commercial activity or event;
The person whose name, telephone or address appears as the sponsor for a sporting event, concert, theatrical performance or similar activity or event is the person responsible for posting the handbill or sign advertising the subject activity or event; and
The person whose name, telephone number or address appears as the person to contact on any handbill or sign posted is the person responsible having posted the same.
For the purpose of this section, the person presumed to be responsible for posting a handbill or sign on public or utility property may rebut such presumption by declaring under penalty of perjury or swearing under oath that the person did not cause, authorize, allow or permit the posting of the handbill or sign on public or utility property.
The Superintendent of Public Works or an authorized agent may notify the individual or organization of the location of all unauthorized sign(s) and handbill(s) and require their removal within 48 hours. If the individual or organization, after notification, fails to removal the unauthorized sign and handbill within 48 hours, the Superintendent of Public Works may authorize the removal and charge the cost of remove to the individual or organization.
The individual or organization responsible for the unauthorized sign(s) and handbill(s) shall not be responsible for the cost of removal if notice is not given within the specified time.
The Superintendent of Public Works shall determine the reasonable costs to the City of South Amboy incurred in removing handbills and signs pursuant to this section. Such costs shall include, but are not limited to, direct labor, material and equipment costs as well as departmental and general city overhead costs attributable to the removal of the handbills or signs.
Notice under this section may be by registered or ordinary mail if an address is indicated or by any means reasonably intended to give notice of the unauthorized sign.
Any person violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both.