In order to protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in this article, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof and to that end the purposes of this article are specifically declared to be as follows:

(1)

To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter;

(2)

To protect people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of handbills;

(3)

To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of handbills and the right to deliver handbills to all who are willing to receive the same.

(Ord. No. 84, § 1, 3-4-74)

The following words, terms and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section:

Distributor means and includes every person who has ordered, requested, supervised, arranged for distribution or solicited assistance in the passing out of handbills as defined in this section.

Handbill means and includes any printed or written matter, and sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature.

Newspaper means and includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Post Office Department in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; in addition thereto, "newspaper" means and includes any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

Private premises means and includes 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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

Public place means and includes any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

(Ord. No. 84, § 2, 3-4-74)

Cross reference— Definitions and rules of construction generally, § 1-2.

It shall be unlawful for any person to deposit, place, throw, scatter or cast any handbill in or upon any public place within this township. It shall also be unlawful for any person to hand out or distribute or sell any 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 handbill in any public place to any person willing to accept the handbill.

(Ord. No. 84, § 3, 3-4-74; Ord. No. C-832, § 1, 8-14-23)

Cross reference— Streets, sidewalks and other public places, Ch. 20.

No person shall post, paste, nail, paint, maintain, locate or in any way attach any placard, poster, handbill, cart, handbill display, or advertising material of any kind upon any fence, post, wall, tree, pole, sidewalk, walkway, or upon any other structure in any street, highway, alley, or public place in the township. This shall include locating or maintaining freestanding structures, objects, or displays not original to the location.

(Ord. No. 20, § 2, 1-19-54; Ord. No. 20-A, 6-19-78; Ord. No. C-832, § 1, 8-14-23)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(Ord. No. 84, § 4, 3-4-74)

Cross reference— Traffic and motor vehicles generally, Ch. 22.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. No. 84, § 5, 3-4-74)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any premises if requested by anyone thereon not to do so or if there is placed on the 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 the 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.

(Ord. No. 84, § 6, 3-4-74)

No person shall distribute, deposit, place, throw, scatter or cast any 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 article, the 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.

(Ord. No. 84, § 7, 3-4-74)

It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the names and addresses of the following:

(1)

The person who printed, wrote, compiled or manufactured the same;

(2)

The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring the handbill shall also appear thereon.

(Ord. No. 84, § 8, 3-4-74)

The provisions of this article shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this article.

(Ord. No. 84, § 9, 3-4-74)