[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:
The name and address of the applicant.
The nature of the business and type of material to be distributed.
The method of distribution and approximate number of persons who will be engaged in the distribution.
The type of license requested.
Such other information as the City Clerk may require.
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.
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.
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.
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.
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.
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.