[Adopted 7-5-1938 (Ch. 86 of the 1975 Code); amended
in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this article, the following terms shall have the meanings
indicated:
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced
original or copies of any matter of literature which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business or mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interest thereof by sales;
Directs attention to or advertises any meeting, theatrical performance,
exhibition or event of any kind, for which an admission fee is charged for
the purpose of private gain or profit; but the terms of this definition shall
not apply where an admission fee is charged or a collection is taken up for
the purpose of defraying the expenses incident to such meeting, theatrical
performance, exhibition or event of any kind, when either of the same is held,
given or takes place in connection with the dissemination of information which
is not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this definition
shall be deemed to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition or event of any kind, without a license,
where such license is or may be required by any law of this state or under
any ordinance of this Borough; or
While containing reading matter other than advertising matter, is predominantly
and essentially an advertisement and is distributed or circulated for advertising
purposes or for the private benefit and gain of any person so engaged as advertiser
or distributor.
Any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed
or otherwise reproduced original or copies of any matter of literature not
included in the aforesaid definitions of a commercial handbill or newspaper.
No person shall distribute or cause to be distributed to the occupants
of any private house or premises, or cause to be placed in any vestibule or
areaway or in front of or along the side of any such house or upon the doorstep
thereof, any newspaper, paper, periodical, book, magazine, handbill, circular,
card or pamphlet without first obtaining a license to do so from the Borough
Clerk; provided, however, that such license shall not be required when the
person or persons in actual occupation of the house or premises to which any
of the aforementioned printed matter shall be distributed or placed has previously
ordered the same, and provided further that no license shall be required for
the distribution of religious or political literature or notices. No distribution
herein provided for shall be made between the hours of 6:00 p.m. and 7:00
a.m., nor shall any such distribution be made on Sunday.
Such license shall be issued by the Borough Clerk upon presentation
of a written application and upon the payment of a fee of $5 for each day
or $25 for a year. A yearly fee shall cover the period from January 1 to December
31 of the year in which it is paid. The Borough Clerk shall endorse on each
license the amount of the fee.
The holder of every such license aforementioned shall carry the same
on his or her person and shall exhibit the same to any police officer when
requested so to do.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any sidewalk, street or other public place within the Borough,
nor shall any person without a license hand out or distribute or sell any
commercial handbill in any public place; provided, however, that it shall
not be unlawful on any sidewalk, street or other public place within the Borough
for any person to hand out or distribute, without charge to the receiver thereof,
any noncommercial handbill to any person willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any vehicle; provided, however, that it shall not be unlawful in
any public place for a person to hand out or distribute, without charge to
the receiver thereof, a noncommercial handbill to any occupant of a vehicle
who is willing to accept it.
No person shall throw or deposit any commercial or noncommercial handbill
in or upon any private premises which are temporarily or continuously uninhabited
or vacant.
[Amended 6-13-2005 by Ord. No. 05-09]
The Chief of Police or his designee of the Borough of Chatham shall
be responsible for the enforcement of this article. Any complaint regarding
the violation of any of the provisions of this article shall be cognizable
before the Municipal Court of the Borough of Chatham.
Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, § 1-14. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
