Ordinance No. 19-11
Introduced: July 7, 2011
Public Hearing: August 4, 2011
Status: Adopted
An ordinance amending Sections 28-153, 28-154, 28-155, 28-156 and 28-157 Of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey
WHEREAS, pursuant to N.J.S.A.40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and
WHEREAS, Sections 28-153, 28-154, 28-155, 28-156 and 28-157 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph prohibit persons from throwing, depositing or distributing handbills in public places, on vehicles and upon private premises in certain circumstances; and
WHEREAS, the Township of Randolph desires to amend Sections 28-153, 28-154, 28-155, 28-156 and 28-157 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph to prohibit both persons and businesses, whether directly or through agents or employees, from throwing, depositing or distributing handbills in public places, on vehicles and upon private premises in certain circumstances.
NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:
SECTION ONE. Section 28-153 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 28-153. Distributing or depositing handbills in public place.
(a) No person or business, directly or through an agent or employee, shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place.
(b) No person or business, directly or through an agent or employee, shall handout, distribute or sell any commercial handbill in any public place; provided, however, that it shall not be deemed unlawful for any person to hand out or distribute, without charge to the receiver thereof, in any sidewalk, street or other public place, any noncommercial handbill to any person willing to accept it.
SECTION TWO. Section 28-154 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 28-154. Placing handbills on vehicles.
No person or business, directly or through an agent or employee, shall throw or deposit any handbill in or upon any vehicle; provided, however, that it shall not be unlawful for a person to hand out or distribute, without charge to the receiver thereof, in any public place, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
SECTION THREE. Section 28-155 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 28-155. Reserved.
SECTION FOUR. Section 28-156 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 28-156. Distribution of handbills on private premises prohibited under certain circumstances.
No person or business, directly or through an agent or employee, shall throw, deposit or distribute any handbill in or upon any private premises:
(1) If requested by anyone in or upon such premises not to do so; or
(2) 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” or “No Advertisement” or any similar notice indicating the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises.
SECTION FIVE. Section 28-157 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey, is hereby deleted in its entirety and replaced by the following:
Sec. 28-157. Manner of distribution of handbills at private premises.
No person or business, directly or through an agent or employee, shall throw, deposit or distribute any handbill in or upon private premises, except by handing or transmitting such handbill directly to the owner, occupant or other person then present, except as otherwise provided in this section. Unless requested by anyone upon the premises not to do so, a person or business, directly or through an agent or employee, may place or deposit any such handbill in or upon private premises, if the premises are not posted as provided in Section 28-156 and the handbill is placed or deposited so as to secure or prevent it from being blown or drifted about the premises or sidewalks, streets or other public places or private premises. Mailboxes may not be so used when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States, or to newspapers; provided, however, that newspapers shall be placed on private premises in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or any other public place or upon private property.
SECTION SIX. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.
SECTION SEVEN. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.
SECTION EIGHT. This Ordinance shall take effect as provided by law.
ATTEST
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Donna Marie Luciani, Township Clerk
TOWNSHIP OF RANDOLPH
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Trina Ruane Mitsch, Mayor
LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 19-11
NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Sections 28-153, 28-154, 28-155, 28-156 And 28-157 Of Chapter 28, Miscellaneous Offenses, Of The Revised Ordinances Of The Township Of Randolph, Morris County, New Jersey” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on July 7, 2011 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on August 4, 2011 at 8 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.
Statement of Purpose of Ordinance
The purpose of the above Ordinance is to amend Sections 28-153, 28-154, 28-155, 28-156 and 28-157 of Chapter 28, Miscellaneous Offenses, of the Revised Ordinances of the Township of Randolph to prohibit both persons and businesses, whether directly or through agents or employees, from throwing, depositing or distributing handbills in public places, on vehicles and upon private premises in certain circumstances.
A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.
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Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey