[R.O. 2011 § 220.250; R.O. 2009
§ 96.80; Ord. No. 07-232, 9-5-2007]
The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter or literature
which:
Advertises for sale any merchandise,
product, commodity or thing;
Directs attention to any business
or mercantile or commercial establishment or other activity for the
purpose of either directly or indirectly promoting the interest thereof
by sales;
Directs attention to or advertises
any meeting, theatrical performance, exhibition or event of any kind,
for which an admission fee is charged for the purpose of gain or profit,
but the terms of this Subsection shall not apply where an admission
fee is charged or a collection is taken up for the purpose of defraying
the expense incident to such meeting, theatrical performance, exhibition
or event of any kind when the meeting, performance, exhibition or
event is held, given or takes place in connection with the dissemination
of information or is promoting the interests of any non-profit organization
or is in the furtherance of a civic or patriotic undertaking; provided,
that nothing contained in this Subsection shall be deemed to authorize
the holding, giving to taking place of any meeting, theatrical performance,
exhibition or event of any kind without a license, where such license
is or may be required by any law of this State or under any ordinance
of this City; or
While containing reading matter other
than advertising matter, is predominantly and essentially an advertisement
and is distributed and circulated for advertising purposes or for
the private benefit and gain of any person so engaged as advertiser
or distributor.
Any person engaging or engaged in the business for hire or
gain of distributing commercial or non-commercial handbills, other
than newspapers distributed to subscribers thereof or neighborhood
newspapers containing current news and information as well as advertising
matter distributed partly to subscribers and partly to the general
public, and any person receiving compensation directly or indirectly
for the distribution of such handbills.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with Federal Statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law or which has made or is making bona fide application
for entry into the United States mails as second class matter or any
neighborhood newspaper containing current news and information as
well as advertising matter distributed partly to the general public
and, in addition thereto, means and includes any periodical or current
magazine regularly published with not less than four (4) issues per
year and sold to the public.
Any printed or written matter, any sample or devise, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper booklet or
any other printed or otherwise reproduced original or copies of any
matter or literature not included in the definitions of a commercial
handbill or a newspaper.
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 includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
Any and all streets, boulevards, avenues, lanes, alleys or
other public ways and any and all public parks, squares, spaces, plazas,
grounds and buildings.
[R.O. 2011 § 220.260; R.O. 2009
§ 96.81; Ord. No. 07-232, 9-5-2007]
A.
To protect the people against the nuisance
of promiscuous distribution of handbills and circulars, particularly
commercial handbills, 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:
1.
Protect the people against the unlawful
activities or operations of persons representing themselves as solicitors,
canvassers or handbill distributors.
2.
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 desire to be solicited by such persons or do not desire
to receive handbills or advertising matter.
3.
Protect the 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 advertising matter and commercial handbills.
4.
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 advertising and commercial circulars and the right to deliver non-commercial
handbills to all who are willing to receive such handbills.
[R.O. 2011 § 220.270; R.O. 2009
§ 96.82; Ord. No. 07-232, 9-5-2007]
It shall be unlawful for any person
to engage in the business of handbill distributor for hire or for
any person to distribute commercial or non-commercial handbills without
first complying with the terms of this Section and all other applicable
laws and regulations. Nothing contained in this Section shall apply
to any person advertising his/her business or activity upon his/her
own premises, if such business or activity is regularly established
at a definite location in the City and if a license has been obtained
therefore, if such license is required under the terms of any applicable
law or ordinance.
[R.O. 2011 § 220.280; R.O. 2009
§ 96.83; Ord. No. 07-175, 6-22-2007; Ord. No. 07-232, 9-5-2007]
No person shall throw or deposit
any commercial or non-commercial handbill in or upon any sidewalk,
street or other public place within the City. It shall not be unlawful,
on any sidewalk, street or other public place within the City, for
any person to hand out or distribute, without charge to the receiver
thereof, any handbill to any person willing to accept it.
[R.O. 2011 § 220.290; R.O. 2009
§ 96.84; Ord. No. 07-232, 9-5-2007]
Any person who shall distribute leaflets,
handbills or other literature in such a manner that a substantial
quantity of the literature remains on the sidewalks and roadways of
the City shall be guilty of a violation of this Section. It is a defense
to prosecution under this Section that the person distributing the
literature has provided a trash receptacle large enough to contain
the quantity of the literature which they intend to distribute; clearly
designated the trash receptacle by posting a sign with the words "Dispose
of Trash Here" on the receptacle; placed it within ten (10) feet of
the place where the distribution of the literature is occurring and
removed after the distribution of literature has ceased.
[R.O. 2011 § 220.300; R.O. 2009
§ 96.85; Ord. No. 07-175, 6-22-2007; Ord. No. 07-232, 9-5-2007]
No person shall throw or deposit
any commercial or non-commercial handbill in or upon any vehicle that
is located upon a public or private parking lot which has signs posted
prohibiting the conduct of placing handbills on vehicles; nor shall
a person throw or deposit any commercial or non-commercial handbill
in or upon any vehicle which has a sign indicating that no handbills
should be placed upon the vehicle. Notwithstanding the fact that a
handbill distributor is distributing commercial or non-commercial
handbills in a public or private parking lot which does not have signs
posted prohibiting the conduct of placing handbills on the vehicles,
it shall be unlawful for any person to distribute, deposit, place,
throw, scatter or cast or through his/her agents, employees or otherwise
to cause to be distributed, deposited, placed, thrown, scattered or
cast any commercial or non-commercial handbill in or upon any vehicle
except in a manner that will prevent the handbill from being scattered
by the wind or elements. It shall not be unlawful, in any public place,
for a person to hand out or distribute, without charge to the receiver
thereof, any handbill to any occupant of a vehicle who is willing
to accept it.
[R.O. 2011 § 220.310; R.O. 2009
§ 96.86; Ord. No. 07-175, 6-22-2007; Ord. No. 07-232, 9-5-2007]
Subject to all of the provisions
of this Article, handbills may be distributed on private premises,
provided they are so placed or deposited as to prevent them from being
blown or from drifting about the premises, the sidewalks, streets
or other public places. Handbills may not be deposited in mailboxes
when prohibited by Federal laws or regulations.
[R.O. 2011 § 220.320; R.O. 2009
§ 96.87; Ord. No. 07-175, 6-22-2007; Ord. No. 07-232, 9-5-2007]
No person shall throw, deposit or
distribute any commercial or non-commercial handbills upon any private
premises, if there is placed thereon, in a conspicuous position near
the entrance, a sign bearing the notice "No Trespassing," "No Peddlers
or Agents," "No Advertisements" or any similar notice indicating in
any manner that the occupants of the premises do not desire to be
molested or have the right of privacy disturbed or to have any such
handbills left upon the premises. Notwithstanding the fact that a
handbill distributor is distributing commercial or non-commercial
handbills on private premises which does not have signs posted prohibiting
the conduct of depositing or distributing handbills on the premises,
it shall be unlawful for any person to distribute, deposit, place,
throw, scatter or cast or through his/her agents, employees or otherwise
to cause to be distributed, deposited, placed, thrown, scattered or
cast any commercial or non-commercial handbill on the premises except
in a manner that will prevent the handbill from being scattered by
the wind or elements. A request by any person lawfully on the premises
that such handbill not be distributed must be complied with.
[R.O. 2011 § 220.330; R.O. 2009
§ 96.88; Ord. No. 07-232, 9-5-2007]
If a handbill is found on another
person's property or vehicle and permission was not given for the
placement of the handbill on the property or vehicle, then it shall
be presumed that the person whose name appears on the handbill as
the person, promoter, business or performer who will benefit from
the event or promotion set out in the handbill authorized placement
of the handbill on the property or vehicle. This presumption may be
overcome by proof that each person distributing the handbill and signed
an acknowledgment that handbills are not to be distributed in violation
of ordinances and by setting out in the acknowledgment the name and
address of the person and the location the person was assigned to
distribute handbills.
[R.O. 2011 § 220.340; R.O. 2009
§ 96.89; Ord. No. 07-175, 6-22-2007; Ord. No. 07-232, 9-5-2007]
The provisions of this Article shall
not apply to the distribution of mail by the United States, nor to
newspapers, except that newspapers shall be placed on private property
in such a manner as to prevent their being carried or deposited by
the elements upon any street, sidewalk or other public place or upon
private property.
