[R.O. 2011 §5.40.010; Prior Code §3-1; Ord. No. 3732 §1]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
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 of literature
which:
Advertises for sale any merchandise, product, commodity or thing;
Directs attention to any business, mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly promoting the interest thereof by sale;
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 private gain or profit; but the terms of this clause
shall not apply where an admission fee is charged or a collection
is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind,
when either of the same is held, given or takes place in connection
with the dissemination of information which is not restricted under
the ordinary rules of decency, good morals, public peace, safety and
good order; provided that nothing contained in this clause shall be
deemed to authorize the holding, giving or 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 the
State, or under any provision of this Code or other ordinance of the
City;
While containing reading matter other than advertising matter,
is predominantly and essentially an advertisement, and is distributed
or circulated for advertising purposes, or for the private benefit
and gain of any person so engaged as advertiser or distributor.
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 regulations,
and any newspaper filed and recorded with any recording officer as
provided by general law; and, in addition thereto, shall mean and
include 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 device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet,
or any other printed or otherwise reproduced original or copies of
any matter of literature not included in the definitions in this Section
of a commercial handbill or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the City owned or used by the City and
devoted to active or passive recreation.
All streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
[R.O. 2011 §5.40.020; Prior Code §3-2; Ord. No. 3732 §1]
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, nor shall any person hand out or distribute or sell any
commercial handbill in any public place; provided however, that it
is not 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 non-commercial handbill to any person
willing to accept it.
[R.O. 2011 §5.40.030; Prior Code §3-3; Ord. No. 3732 §1]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any vehicle; provided however, that it is not
unlawful in any public place for a person to hand out or distribute,
without charge to the receiver thereof, a non-commercial handbill
to any occupant of a vehicle who is willing to accept it.
[R.O. 2011 §5.40.040; Prior Code §3-4; Ord. No. 3732 §1]
No person shall throw, deposit or distribute any commercial
or non-commercial handbill upon any private premises, if requested
by anyone thereon not to do so, or if there is placed on such premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement",
or any similar notice indicating in any manner that the occupants
of such premises do not desire to be molested or have their right
of privacy disturbed, or to have any such handbills left upon such
premises.
[R.O. 2011 §5.40.050; Prior Code §3-5; Ord. No. 3732 §1]
No person shall throw or deposit any commercial or non-commercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[R.O. 2011 §5.40.060; Prior Code §3-6; Ord. No. 3732 §1; Ord. No. 4912 §1]
A.
No
person shall throw, deposit or distribute any commercial or non-commercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided
however, that in case of inhabitated private premises which are not
posted, as provided in this Chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be so used
when so prohibited by Federal postal law or regulations.
B.
The provisions of this Section shall not apply to the distribution of mail by the United States, nor to newspapers, as defined by Section 605.1520; 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; provided that where any private premises contains a building having three (3) or more dwelling units with a common entrance way, newspapers may not be delivered to such premises unless they are placed inside the entrance way. No person shall throw, deposit or distribute any newspaper upon any private premises if the owner or occupant not more than one (1) year previously has notified the distributor not to deliver to his/her premises.
[R.O. 2011 §5.40.080; Code 1950 §1503.3; Prior
Code §3-8]
No person shall operate, or cause to be operated, any aircraft
for commercial sound advertising purposes in or over the City.
[R.O. 2011 §5.40.090; Prior Code §3-9; Ord. No. 3732 §1; Ord. No. 6192, 1999]
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamppost, public utility pole or shade tree, or upon any public structure
or building, except as required by law.
[R.O. 2011 §5.40.100; Code 1950 §1404.15; Prior
Code §3-10]
It is unlawful for any person to put, stick, post, paint, brand,
attach, hang or suspend upon any house, fence, wall, shed, barn or
other building, without the consent of the owner or tenant thereof,
any printed, written, painted, branded or other advertisement, bill,
card, notice, sign, dodger or poster or other advertising matter of
any kind.
[R.O. 2011 §5.40.110; Code 1950 §801.8; Prior Code
§3-11; Ord. No. 6192, 1999]
It is unlawful for any person to print or paint, or cause to
be printed or painted, or permit anyone in his/her employ to print
or paint, any kind of advertising matter or sign on any sidewalk,
street or public highway in the City.
[R.O. 2011 §5.40.120; Code 1950 §1403.3; Prior
Code §3-13]
It is unlawful for any person to stick, post or put up, or to
cause to be stuck, posted or put up, in any street, avenue, alley
or public place, or on any wall, fence, building or billboard in the
City, any indecent or grossly printed advertisement, bill or sign,
or any written notice of his/her professional skill in, or remedies
for, the cure of venereal or secret diseases.
