[HISTORY: Adopted by the Mayor and Council
of the Borough of Norwood as Secs. 3-4 and 3-19 of the Revised General
Ordinances. Amendments noted where applicable.]
No person shall place or throw or cause to be
placed or thrown any advertisement, handbill, circular or other paper
on any public street or sidewalk or into the vestibule or yard or
upon the porch of any dwelling house or other building or into or
on any vehicle on a public highway or on private property. This section
shall not apply to newspapers and addressed envelopes delivered to
the subscribers and addressees. Advertisements, handbills, circulars
and papers may be distributed in the borough, provided that they are
securely placed at each dwelling so as not to be blown away by the
wind.
[Added by Ord. No. 90-0-14]
A.
Definition. The term, "printed matter," as used in
this section, shall mean any or all of the following: circulars, handbills,
notices, cards, newspapers, magazines, pamphlets and leaflets; and
that the term "distribution," as used herein, means free distribution
and/or delivery.
B.
Prohibitions. It shall be unlawful for any person
to deliver or for any person, firm or corporation to cause the delivery
of any printed matter or samples of merchandise upon any public street,
road, avenue, park or other public place in the borough.
C.
Exceptions. It shall be unlawful for any person to
deliver or for any person, firm or corporation to cause the delivery
of any unsolicited printed matter or samples of merchandise, except
in accordance with the following regulations:
(1)
Such printed matter shall be placed only within a
permanently installed appurtenance to the premises designed and designated
for the receipt of such printed matter or, if there be none, on the
ground or floor within a three-foot radius of the place where such
premises receives its mail.
(2)
There shall be no delivery of such printed matter
or samples of merchandise to premises after the owner or tenant of
said premises has notified the publisher or the delivery person that
such delivery shall cease or be suspended for a stated period of time.
(3)
There shall be no delivery of such printed matter
or samples of merchandise upon the premises of any residence or other
building known to be vacant by the person distributing or causing
to be distributed such printed matter or samples of merchandise.
D.
Nonapplicability. This section shall not apply to
the distribution of printed matter or samples of merchandise that
shall have been previously ordered or requested by the owner, tenant
or occupant of the premises where such distribution is made or to
the distribution of printed matter or samples of merchandise by mail.
E.
Violations and penalties. Any person violating any
provision of this section shall, upon a first conviction, be subject
to a fine of at least $100 but no more than $250; upon a second conviction,
shall be subject to a fine of at least $250 but not to exceed the
sum of $500; and, upon a third or subsequent conviction, a fine of
at least $500 and/or a jail term not to exceed 30 days in the County
Jail. A separate offense shall be deemed committed for each day during
which a violation occurs or continues.
[Added 7-13-2016 by Ord.
No. 16:13]
A.
No person may post or otherwise display any temporary commercial
or business advertisement, to induce directly or indirectly any person
to enter into any obligation or acquire title or interest in any property,
object, ware, good, commodity, or service, on any real property located
within the Borough, or any building, pole, post, or other structure
on the property, without the prior written permission of the owner
of record for the property, or the building or other structure thereon.
This subsection does not apply to a person posting or otherwise displaying
a temporary advertisement containing information and directional indicators
inviting the public to purchase or lease real property at a real estate
open house or similar event for that property.
B.
This section will be enforced by the Borough's Construction
Code Official. Any person may report a violation to the Construction
Code Official for enforcement.
C.
The Borough's Department of Public Works may remove any advertisement
posted or displayed in violation of this section upon the conviction
of the person violating this section.
D.
In addition to the removal under Subsection C, if upon investigation the Construction Code Official finds probable cause of a violation of this section, he or she will notify the person who posted or otherwise displayed the advertisement, or the business identified in the advertisement, of the alleged violation. The notice will be served by hand delivery or regular mail and will state that if the violation is not cured within 10 days of the date of the notice that the Borough will remove the advertising and will charge the violator for the cost of the removal.
E.
Whenever the Borough removes, or causes to be removed, an advertisement
pursuant to this section, the Borough may present the person who posted
or otherwise displayed the removed advertisement, or the business
advertised in the removed advertisement, by certified and regular
mail, a detailed itemization of the costs of removal incurred by the
Borough, requiring a reimbursement by that person or business of the
removal costs. If the person or business does not provide reimbursement
within 30 days of receipt of the municipal itemization, the Borough
may enforce the payment of these costs, together with interest and
reasonable collection costs, by instituting an action at law for the
collection thereof. The Superior Court, or the municipal court, shall
have jurisdiction of any collection action.
F.
The money collected by the Borough for advertisement removal shall
be credited, along with any other funds made available, to a municipal
advertisement removal fund, established pursuant to this ordinance.
The expenditure of money from the fund will be used exclusively to
remove advertisements and otherwise enforce the provisions of this
section, and to administer the fund.
