[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 3-19-1975 as Ch. 65 of the 1975 Code. Amendments
noted where applicable.]
To protect the citizens of the Township of Ridley from the nuisance
of and incident to the promiscuous distribution of commercial handbills and
circulars, with the resulting detriment and danger to public health and safety,
the public interest, convenience and necessity require the regulation thereof,
and to that end the purposes of this chapter are specifically declared to
be as follows:
A.
To protect the citizens against the unlawful activities
or operations of wanton persons representing themselves to be handbill distributors,
by requiring the registration of all such distributors, together with the
names and addresses of their employers.
B.
To protect residents against trespassing by handbill
solicitors upon the private property of such residents if such residents give
reasonable notice that they do not desire to receive handbills or advertising
matter.
C.
To protect the residents against the health and safety
menace of littering the streets and clogging the sewer systems.
D.
To protect the residents from looting and other crimes.
E.
To preserve the constitutional right to receive and disseminate
information not restricted under rules of decency, good morals and public
order, by distinguishing between the nuisance created by promiscuous distribution
of advertising and commercial circulars and the right to deliver noncommercial
handbills and circulars.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except when the context
clearly indicates a different meaning:
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 or literature which:
Advertises for sale any merchandise, product, commodity or thing; or
Directs attention to any business or mercantile or commercial establishment
or other activity for the purpose of either directly or indirectly promoting
the interests thereof by sales; or
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; 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 person engaging or engaged in the business for hire or gain of
distributing commercial handbills, other than newspapers distributed to subscribers
thereof, and any person receiving compensation directly or indirectly for
the distribution of such handbills.
Any dwelling house, building or other structure designed or used
either wholly or in part for private residential purposes, whether inhabited
or temporarily or continuously uninhabited or vacant, and includes any yard,
grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant
to such dwelling house, building or other structure.
Any and all streets, boulevards, avenues, lanes, alleys or other
public ways, and any and all public parks, squares, spaces, plazas, grounds
and buildings.
It shall be unlawful for any person to deposit, place, throw, scatter
or cast any commercial handbill in or upon any public place within this Township,[1] and it shall also be unlawful for any person to hand out or distribute
or sell any commercial handbill in any public place; provided, however, that
it shall not be unlawful for any person to hand out or distribute, without
charge to the receiver thereof, any noncommercial handbill in any public place
to any person willing to accept such noncommercial handbill.
[Amended 7-22-1992 by Ord. No. 1692]
It shall be unlawful for any person to distribute, deposit, place, throw,
scatter or cast any commercial handbill in or upon private premises, whether
inhabited or uninhabited, except as otherwise provided for in this chapter.
It shall be unlawful for any person to distribute, deposit, place, throw,
scatter or cast any commercial handbill upon any 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 occupants of said premises do not desire to be molested
or to have their right of privacy disturbed or to have any such handbills
left upon such premises.
No person holding a permit under the provisions of this chapter, or
any other person, shall distribute, deposit, place, throw, scatter or cast
any commercial handbill in or upon any private premises which are inhabited
except by handing or transmitting any such handbill directly to the owner,
occupant or any other person then present in or upon such private premises;
provided, however, that in case of inhabited private premises which are not
posted as provided in this chapter, the aforesaid licensed or other person,
unless requested by anyone upon 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 such premises or elsewhere, except that mailboxes may
not be so used when so prohibited by federal postal laws or regulations.
[Amended 8-26-1998 by Ord. No. 1789]
It shall be unlawful for any person to distribute commercial handbills
or circulars within the Township of Ridley in public or private places without
obtaining a permit from the Police Department of the Township of Ridley.
A.
Applications for such permits shall set forth or be accompanied
by:
(1)
The applicant's name and address.
(2)
The name and address of his/her employer, if any.
(3)
The criminal record of the applicant, if there be any
such criminal record.
(4)
A photograph of the applicant.
(5)
A physical description of the applicant.
(6)
A statement as to the length of time the applicant intends
to distribute said handbills or circulars in the Township of Ridley.
(7)
The number of individuals distributing the handbills
or circulars.
B.
The Captain, Superintendent, Chief or other head of the
Police Department or his/her duly authorized agent shall review the application
and determine whether it is in proper form. If the application is in proper
form, a permit shall be issued. Said police official shall refuse to issue
any such permit to any person who is under the influence of liquor or drugs
or who is addicted thereto, or to any person convicted of a felony or misdemeanor.
C.
An application fee shall accompany any application for
a permit to distribute commercial handbills or circulars. The fee is intended
only to compensate the Township for the cost of reviewing and issuing a permit
under this section, and shall be as set from time to time by resolution of
the Board of Commissioners per year for the primary application, and for each
additional individual distributing the handbills or circulars.[1]
Any permit obtained by false or fraudulent representation shall be revoked
and declared void and shall be surrendered to the Police Department.
The refusal to issue any permit or the revocation of any permit that
has been issued may be appealed to the Board of Township Commissioners, whose
action thereon shall be final.
The provisions of this chapter shall not be deemed to apply to the distribution
of mail nor to any religious tracts.
[Added 7-22-1992 by Ord. No. 1692[1]]
Any person found guilty of violating any provision of this chapter shall,
upon conviction, be punished by a fine not exceeding $600, plus costs of prosecution,
and in default of payment of such fine and costs shall be imprisoned for a
period not to exceed 30 days. Each incident and each day for which a violation
occurs or continues shall constitute a separate offense.
