[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-8-1976 as Section 3-4 of the Revised General Ordinances of 1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ADVERTISING MATTER
- Includes printed handbills, dodgers, circulars, leaflets, pamphlets, booklets, posters, cards in excess of 2 1/2 inches by four inches and any other printed matter advertising for sale, describing or calling attention to any product, business, enterprise, person, firm or corporation for any purpose other than solely for religious, educational, charitable, political or labor union purposes, but excluding a newspaper.
- Includes the terms distribute, deposit, hand out, pass out, give out, deliver and throw away, as well as causing or permitting any of the foregoing.
- Includes every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, sidewalk, street and public way and every vehicle.
- Includes the terms mimeographed, lithographed, multigraphed, multilithed, photocopied or photostated, handwritten, stereotyped, typewritten and printed.
It shall be unlawful for any person to disseminate advertising matter to, at, upon or onto any premises in the borough except in, at or upon the premises of an owner or tenant in lawful possession thereof who has signed and filed with the person disseminating the advertising matter a written request that such advertising matter be delivered to his premises. All such written requests shall be maintained at all times in the office or place of business of the person disseminating such advertising matter and shall be kept on file for a period of six months after the last dissemination of advertising matter pursuant to such requests. Such written request once made by an owner or tenant in lawful possession of premises shall remain applicable as to the premises described in such consent until countermanded in writing by the owner or tenant in lawful possession of the same premises. The owner of vacant property shall be deemed to be in lawful possession of premises for the purposes of this section. All such written requests shall be available for inspection by any police officer of the borough during all regular business hours.
All advertising matter disseminated in the borough shall have printed thereon or affixed in legible form the name, address and telephone number of the person responsible for the dissemination of such advertising matter, together with a legible notice to the effect that anyone who does not desire to receive such advertising matter shall notify the person responsible for the dissemination thereof in writing to that effect. Thereafter, the person thus notified shall disseminate no such advertising matter to the premises described in such notification.
It is deemed in the best interest of the public welfare and the protection of the citizens of this borough that no person shall undertake the dissemination, in any manner, of advertising matter as defined in this chapter without first appearing at the office of the Police Department of the borough in the Municipal Building and leaving with the Police Chief or his designee the true and full correct name and address of the person responsible for the dissemination of such advertising matter, together with a specimen copy of the advertising matter which is proposed to be disseminated. This section shall not be deemed as intending to require the payment of a fee for the issuance of a permit.
It shall be unlawful for any person to disseminate any advertising matter between the hours of 6:00 p.m. and 9:00 a.m., prevailing time.
All advertising matter disseminated in the borough shall either be handed to some person above the age of 10 years upon the premises where such advertising matter is disseminated or shall be deposited in a container or device as may exist upon the premises for the purpose of catching or holding the same. In the event that no person above the age of 10 years shall be present to accept delivery of the advertising matter and in the absence of a suitable container or device in which to deposit the same, no delivery shall be made hereunder unless the person disseminating such advertising matter shall provide a suitable device or appliance to attach the advertising matter in question to some portion of the premises where it cannot be reached by the elements and blown so that it will be about or upon the premises; provided, however, that, in the event that delivery or dissemination can be made by inserting the advertising matter under any door between the door and the door sill, then and in such case the delivery and dissemination shall be in compliance with the provisions of this section.
No person shall distribute or cause to be distributed, placed or strewn about in any street or in any automobile or public place any newspaper, paper, periodical, book, magazine, placard, handbill, circular, card or pamphlet.
No person shall throw about, distribute or cause to be distributed or place or cause to be placed in or on any areaway or lawn in front of or along the side or rear of any house or upon the doorstep or porch or plaza or doorway thereof any newspaper, paper, periodical, book, magazine, placard, handbill, circular, card or pamphlet unless the same has been previously ordered by the person in actual occupation of the house.
No person shall go from house to house to distribute or deliver personally to the occupants of any house any newspaper, paper, periodical, book, magazine, placard, handbill, circular, card or pamphlet unless the same has been previously ordered by the person in actual occupation of the house.
No person shall attach or cause to be attached to any tree, telegraph pole, sign, billboard, post or fence any circular, card or pamphlet designed primarily for advertising sales of goods, wares or merchandise.