[HISTORY: Derived from Articles X and XI of Chapter 11 of the 1975
Compilation, as amended through 1996. Subsequent amendments noted where applicable.]
It shall be unlawful for any person to engage in the distribution of
handbills, circulars or other advertising matter for business or commercial
purposes without first having obtained a license as herein provided. This
section shall not apply to an agent or employee of the holder of such license.
This chapter shall not apply to or affect the distribution of directories
for which a subscription or sale price is regularly charged and received or
which are distributed incidental to the furnishing of telephone service or
other service for which a charge is regularly made and received; nor shall
this chapter apply to or affect the distribution or delivery of newspapers
or other regularly issued periodicals for which a subscription price is charged
or which are sold for cash; nor shall this chapter apply to or affect the
distribution of political pamphlets and campaign material and the distribution
of religious tracts and materials.
An application for a license pursuant to this chapter shall be made
to and upon a form provided by the City Clerk and shall set forth:
A.
The name and address of the applicant.
B.
The nature of the business and type of material to be
distributed.
C.
The method of distribution and approximate number of
persons who will be engaged in the distribution.
D.
The type of license requested.
E.
Such other information as the City Clerk may require.
A.
Upon approval of the City Clerk, the City Clerk shall
issue the license after payment of a fee which shall be set by resolution
from time to time by the Common Council of the City of Oneonta.
B.
Fee; terms of licenses. A single distribution license
fee shall be set by resolution from time to time by the Common Council of
the City of Oneonta. An annual license fee shall be four times the distribution
license fee and shall expire on December 31st of the year of issuance.
A.
Throwing or scattering. It shall also be unlawful for
any person to distribute, throw, drop or scatter, or cause to be distributed,
dropped or scattered, any posters, handbills, advertising cards or other substances
used for the purpose of advertising, which may be or do, in fact, become cast
or blown upon any sidewalk, street, alley or public grounds.
B.
Depositing on vehicles or watercourse. No such advertising
matter shall be deposited or left in or upon any vehicle parked on the streets
or public parking lots, nor in any watercourse.
C.
Manner of placing on property. No person shall distribute
handbills or other advertising matter at houses, stores or other places of
business, other than by putting the same inside the screen doors, under the
doors or in the jamb of doors connected with such houses, stores or places
of business, and when so distributed, no bell connected with such houses,
stores or places of business shall be rung, and no alarm of any kind shall
be sounded.
D.
Injuring property prohibited. In the distribution of
advertising matter, no person shall walk across a lawn or do any other act
which may destroy or damage property.
Each licensee shall keep a record of each distribution of any such advertising
matter, which record shall include the date, nature of the advertising, the
names of the persons who distributed the same and the particular sections
of the city within which each of such distributors so distributes such advertising
matter, including a statement as to the side of each street upon which such
person makes such distribution. Such record shall also contain a copy of each
such article of advertising matter, which shall have noted thereon the dates
when same were distributed. All such records shall be open to the inspection
of any police officer of the city during the usual business hours.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
