The purpose of this article is to regulate the standards and manner in which handbills and commercial circulars are distributed within the City of Millville to ensure the protection of the public health, safety and welfare. Furthermore, this article is designed to improve the overall clean appearance of the City, to reduce litter, and to preserve aesthetics and property values.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
COMMERCIAL CIRCULAR
An advertisement, notice, or statement printed or written for general distribution in connection with a business or commercial activity.
HANDBILL
An advertisement, notice, or statement printed or written for general distribution in connection with a noncommercial activity or event.
PERSON
A natural person, association, corporation, firm, partnership, trust or other legal entity.
It shall be unlawful for any person to circulate handbills or commercial circulars within the City unless licensed to do so pursuant to this article.
A. 
The license required shall be known as a handbill license and shall be issued by the City Clerk after payment of the required fee and compliance with these regulations.
B. 
The fee for each license shall be $10 per activity or event. Nonprofit organizations shall be exempt from the payment of the fee.
C. 
This article shall not apply to legal notices.
The application for the license shall be made in writing and filed with the City Clerk. Each application shall contain the following information:
A. 
The name and address of the business or organization conducting the advertisement or event.
B. 
The name and address of the person in charge of the distribution of handbills or commercial circulars.
C. 
A copy of the handbill or commercial circular shall be filed with the application.
A. 
Public property. No person shall deposit, place, scatter or throw any handbill or commercial circular in or upon any public property within the City including public grounds, parks, sidewalks or streets. This subsection does not prohibit the distributing, handing or transmitting of any handbill or commercial circular to any person willing to accept it.
B. 
Private property. No person shall deposit, place, scatter or throw any handbill or commercial circular in or upon any private property within the City including buildings, homes, mailboxes, porches, steps and yards. This subsection does not prohibit the distributing, handing or transmitting of any handbill or commercial circular to the owner or occupant of any private property, who is willing to accept it. It shall be lawful for the owner or occupant of any private property to place a sign in a conspicuous place near the entrance indicating that no handbills or commercial circulars are desired. In that event, no person shall go upon the premises so posted to distribute, hand or transmit any handbill or commercial circular.
C. 
Motor vehicles. No person shall deposit, place, scatter or throw any handbill or commercial circular in or upon any automobile or other motor vehicle. This subsection does not prohibit the distributing, handing, or transmitting of any handbill or commercial circular to the occupant of any motor vehicle who is willing to accept it.
D. 
Public safety. No person shall distribute, hand or transmit any handbill or commercial circular in such a manner as to impede the free flow of motor vehicle traffic on any street or pedestrian traffic on any sidewalk. Furthermore, no person distributing any handbill or commercial circular shall annoy or molest any person, group or gathering.
E. 
No posting allowed. No person shall affix or attach any handbill or commercial circular on benches, bridges, culverts, curbs, fences, hydrants, lamps, public buildings, rocks, sidewalks, street signs, stumps, trees, and utility poles. Handbills and commercial circulars may be affixed to private buildings with the prior consent of the owner. They must be removed immediately after the activity or event is completed.
F. 
Exceptions. The provisions of Subsections A and B do not apply to the following activities when performed in the customary manner: messenger service, the delivery of newspapers, the delivery of the United States mail, and the delivery of telegrams.
Any person who shall violate any of these regulations shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III.