[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.
COMMERCIAL HANDBILL
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:
1. 
Advertises for sale any merchandise, product, commodity or thing;
2. 
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;
3. 
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
4. 
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.
HANDBILL 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.
NEWSPAPER
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.
NON-COMMERCIAL HANDBILL
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.
PRIVATE PREMISES
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.
PUBLIC PLACE
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.