Bill Text: NJ A804 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns unwanted delivery of newspapers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Consumer Affairs Committee [A804 Detail]
Download: New_Jersey-2012-A804-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
SYNOPSIS
Concerns unwanted delivery of newspapers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the unwanted delivery of newspapers, amending P.L.2002, c.128 and amending and supplementing P.L.1985, c.533.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2002, c.128 (C.13:1E-215) is amended to read as follows:
3. As used in the provisions of P.L.2002, c.128 (C.13:1E-213 et al.):
a. "Department" means the Department of Environmental Protection.
b. "Division" means the Division of Taxation in the Department of the Treasury.
c. "Director" means the Director of the Division of Taxation in the Department of the Treasury.
d. "Litter" means any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
e. "Litter-generating products" means the following specific goods which are produced, distributed, or purchased in disposable containers, packages or wrappings; or which are not usually sold in packages, containers, or wrappings but which are commonly discarded in public places; or which are of an unsightly or unsanitary nature, commonly thrown, dropped, discarded, placed, or deposited by a person on public property, or on private property not owned by that person:
(1) Beer and other malt beverages;
(2) Cigarettes and tobacco products;
(3) Cleaning agents and toiletries;
(4) Distilled spirits;
(5) Food for human or pet consumption;
(6) Glass containers sold as such;
(7) Groceries;
(8) Metal containers sold as such;
(9) Motor vehicle tires;
(10) Newsprint and magazine paper stock, including any newspaper that is dropped, placed, deposited or delivered by a person on private property contrary to a written request by the owner thereof, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(11) Drugstore sundry products, but not including prescription drugs or nonprescription drugs;
(12) Paper products and household paper, but not including roll stock produced by paper product manufacturers and wood pulp;
(13) Plastic or fiber containers made of synthetic material and sold as such, but not including any container which is routinely reused, has a useful life of more than one year and is ordinarily sold empty at retail;
(14) Soft drinks and carbonated waters; and
(15) Wine.
f. "Litter receptacle" means a container suitable for the depositing of litter.
g. "Municipality" means any city, borough, town, township or village situated within the boundaries of this State.
h. "Person" means any individual or business concern.
i. "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests.
j. "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
k. "Sold within the State" or "sales within the State" means all sales of retailers engaged in business within the State and, in the case of manufacturers, wholesalers and distributors, all sales of products for use and consumption within the State. It shall be presumed that all sales of manufacturers, wholesalers and distributors sold within the State are for use and consumption within the State unless it is determined by the director that the products are shipped out of State for out-of-State use.
(cf: P.L.2002, c.128, s.3)
2. Section 8 of P.L.1985, c.533 (C.13:1E-99.3) is amended to read as follows:
8. a. A person who throws, drops, discards or otherwise places any litter of any nature upon public or private property other than in a litter receptacle, or a person who repeatedly drops, places, deposits, or delivers newspapers on private property contrary to a written request by the owner thereof, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and the owner, publisher, printer or distributor of a newspaper who fails to stop the dropping, placing, depositing or delivery of such newspaper on private property contrary to a written request by the owner thereof, pursuant to the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), commits a petty disorderly persons offense, and notwithstanding the provisions of N.J.S.2C:43-3 to the contrary, for every such offense shall be fined not less than $100 or more than $500. The Superior Court and every municipal court shall have jurisdiction to enforce this section. The State or any municipality may institute proceedings under this section. If a money judgment is rendered against a defendant, the payment made to the court shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance litter control activities in addition to or supplementing existing litter pickup and removal activities in the municipality.
b. If a person violates subsection a. of this section the court, in addition to any penalty imposed under that subsection, may direct the person to perform community service, including litter pickup and removal from any public property, or any private property with permission of the owner, upon which the person deposited litter, for a term of not less than 20 hours nor more than 40 hours.
c. A person who is convicted of an offense under subsection a. of this section within six months after the date of a previous conviction thereunder shall be sentenced to pay a fine of not less than $250 [or] nor more than $1,000, may be sentenced to imprisonment for a definite term not to exceed 60 days, and may be directed to perform community service, including litter pickup and removal from any public property or from any private property if permission of the owner has been granted, for a term of not less than 40 nor more than 80 hours.
(cf: P.L.2001, c.78, s.1)
3. (New section) a. Any person who owns private property may request that no newspaper be dropped, placed, or deposited at or delivered to that property by directing a communication in writing to the owner, publisher, printer or distributor of any such newspaper which is dropped, placed, deposited or delivered on the property of that person. The communication shall note that the property owner: (1) does not wish to have the newspaper dropped, placed, or deposited at or delivered to that person's property; (2) regards the newspaper as litter, as defined in to section 3 of P.L.2002, c.128 (C.13:1E-215), and not as a form of communication protected by the First Amendment of the United States Constitution; and (3) wishes to have the delivery of the newspaper terminated immediately.
b. The owner, publisher, printer or distributor of a newspaper who receives a communication in writing, pursuant to the provisions of subsection a. of this section, shall subsequently be responsible for making certain that no person who is an employee or agent of that owner, publisher, printer or distributor drops, places, deposits, or delivers that newspaper on the private property of the person who initiated the communication provided pursuant to subsection a. of this section.
4. This act shall take effect immediately.
STATEMENT
This bill provides that a property owner may request that newspapers not be delivered by directing a written communication to the owner, publisher, printer, or distributor of the newspaper, clearly stating that the property owner:
· does not wish to have the newspaper delivered;
· regards it as litter and not a constitutionally-protected form of communication; and
· wishes that delivery be terminated immediately.
The bill requires newspaper owners, publishers, printers and distributors who receive such written communications to make certain that none of their employees or agents drop, deposit, place or deliver newspapers on the private property of the person who initiated the communication.
Under the bill, violations are infractions of the State's anti-littering laws and petty disorderly persons offenses. Upon conviction for a first offense, the defendant would be subject to a minimum fine of $100, and may also be directed by the court to perform between 20 and 40 hours of community service, including litter pickup and removal.
