[CC 1974 §3-1; Ord. No. 16 §3-303, 3-1-1958]
No person in the City shall fasten in any way any show card,
poster or other advertising device upon public or private property
in the City unless such person is legally authorized to do so.
[CC 1974 §3-2; Ord. No. 23 §4-302, 3-1-1958]
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, any other printed or
otherwise reproduced original or copies of any matter or literature,
which does any or all of the following:
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 interests 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 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 such events are held, given or take 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 this
State, this Code or any other ordinance of this 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.
Is not covered by the definition of sign in this Section.
Any person engaging or engaged in the business for hire or
gain of distributing commercial or noncommercial handbills, other
than newspapers distributed to subscribers thereof 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. In addition thereto this definition 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, any
other printed or otherwise reproduced original or copies of any matter
or literature not included in the definitions of a sign, 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 shall include 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, other public ways, parks, squares, spaces,
plazas, grounds and buildings.
Any written, painted or printed matter of any kind or other
form or reproduction thereof containing a message or information of
any kind whatsoever.
[CC 1974 §3-3; Ord. No. 23 §4-301, 3-1-1958]
A.Â
The purposes
of this Article are specifically declared to be as follows:
1.Â
To protect
the people against the unlawful activities or operations of dissolute
persons of criminal habits or tendencies, representing themselves
as solicitors, canvassers or handbill distributors, by requiring the
registration of all such solicitors, canvassers or handbill distributors,
together with the names of their employers and by regulating the business
of handbill and advertising distribution through the imposition of
reasonable license fees.
2.Â
To 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 wish to be solicited by such
persons or do not desire to receive handbills or advertising matter.
3.Â
To 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.Â
To preserve
the constitutional right of the people 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 non-commercial handbill.
[CC 1974 §3-4; Ord. No. 23 §4-310, 3-1-1958]
It shall be unlawful for any person to engage in the business
of a billposter for hire or as a handbill distributor for hire or
for any person to distribute commercial or non-commercial handbills
without first complying with the terms of this Article and all other
relevant laws and regulations.
[CC 1974 §3-5; Ord. No. 23 §4-310, 3-1-1958]
Any person desiring to engage, as principal in the business
of distributing commercial or non-commercial handbills for hire shall
make application to and receive from the City Clerk or other officer
empowered to issue the same a license in the manner and for the period
prescribed by the terms of this Article and by all relevant provisions
of this Code. Such applicant shall make a written application to the
City Clerk upon a form provided for such purpose by the City Clerk.
Such form shall contain among other things that may be required the
name the business address a brief description of the nature of the
business to be conducted by the applicant and the probable number
of agents and employees to be so engaged, together with a request
for a license for the period for which the applicant seeks to engage
in such business.
[CC 1974 §3-6; Ord. No. 23 §4-310, 3-1-1958]
A.Â
License
fees under the terms of this Article and for any such purposes shall
be established by resolution of the Board of Aldermen.
B.Â
Persons
acting for licensees, as agents or employees in the posting or distributing
of any such signs or handbills shall not be required to obtain a license
or pay a fee, but each such person shall comply with each and all
of the other provisions of this Article and be subject thereto.
[CC 1974 §3-7; Ord. No. 23 §4-310, 3-1-1958]
A.Â
Without
excluding other just grounds for revocation, the Board of Aldermen
may revoke any license issued under this Article obtained under an
application containing a false or fraudulent statement knowingly made
by the applicant with the intent to obtain a license by means of false
or fraudulent representations, for violation of this Article or any
other grounds specified by law. Such application shall be accompanied
by the fee hereinafter provided for in this Article.
B.Â
No license
issued under this Article shall be transferable. If any such license
shall be surrendered by the licensee therein named or shall be revoked
for cause neither the licensee named in such license, nor any other
person shall be entitled to any refund of any part of such fee.
[CC 1974 §3-8; Ord. No. 23 §4-303, 3-1-1958]
No person shall post, stick, stamp, paint or otherwise fix or
cause the same to be done by any person, any notice, placard, bill,
card, poster, advertisement or other paper or device calculated to
attract the attention of the public to or upon any sidewalk, crosswalk,
curb or curbstone, flagstone or any other portion or part of any public
way, public place or any lamppost, electric light, telegraph, telephone
or trolley line pole, railway structure, hydrant, shadetree, tree
box or upon the piers, columns, trusses, girders, railings, gates
or other parts of any public bridge, viaduct, other public structure,
building or upon any pole, box or fixture of the fire alarm or police
telegraph system, except such as may be authorized or required by
the laws of the United States, this State, this Code or other ordinances
of the City.
[CC 1974 §3-9; Ord. No. 23 §4-304, 3-1-1958]
It shall be unlawful for any person to deposit, place, throw,
scatter or cast any commercial handbill in or upon any public place
within this City. It shall also be unlawful for any person to hand
out, distribute or sell any commercial handbill in any public place;
provided that it shall not be unlawful for any person to hand out
or distribute without charge to the receiver thereof any non-commercial
handbill in any public place to any person willing to accept such
non-commercial handbill.
[CC 1974 §3-10; Ord. No. 23 §4-305, 3-1-1958]
A.Â
It shall
be unlawful for any person to distribute, deposit, place, throw, scatter
or cast any commercial or non-commercial handbill in or upon any automobile
or other vehicle.
B.Â
The provisions
of this Section shall not be deemed to prohibit the handing, transmitting
or distributing of any non-commercial handbill to the owner or other
occupant of any automobile or other vehicle who is willing to accept
such non-commercial handbill.
[CC 1974 §3-11; Ord. No. 23 §4-306, 3-1-1958]
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or non-commercial handbill
in or upon any private premises which are temporarily or continuously
uninhabited or vacant.
[CC 1974 §3-12; Ord. No. 23 §4-307, 3-1-1958]
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or non-commercial handbill
upon any 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, to have their right of privacy disturbed or to have any
such handbills left upon such premises.
[CC 1974 §3-13; Ord. No. 23 §4-308, 3-1-1958]
No person licensed under the provisions of this Chapter or any
other person shall distribute, deposit, place, throw, scatter or cast
any commercial or non-commercial handbill in or upon any private premises
which are inhabited, except by handing or transmitting any such handbill
directly to the owner, occupant or any other person then present in
or upon such private premises; provided, that in case of inhabited
private premises which are not posted as provided in this Chapter,
such licensed or other 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 elsewhere; except, that mailboxes
may not be so used when so prohibited by federal postal laws or regulations.
[CC 1974 §3-14; Ord. No. 23 §4-309, 3-1-1958]
A.Â
It shall
be unlawful for any person to distribute, deposit, scatter, hand out
or circulate any commercial or non-commercial handbill, in any place
under any circumstances, which does not have printed on the cover,
front or back thereof the name and address of the following:
1.Â
The
person who printed, wrote, compiled or manufactured such commercial
or non-commercial handbill.
2.Â
The
person who caused such commercial or non-commercial handbill to be
distributed; provided that in the case of a fictitious person or club,
in addition to such fictitious name, the true names and addresses
of the owners, managers or agents of the person sponsoring such commercial
or non-commercial handbill shall also appear thereon.
[CC 1974 §3-15; Ord. No. 23 §4-312, 3-1-1958]
It shall be unlawful for the owner, lessee, occupant or agent
of any premises to permit any person, whether licensed or acting under
the terms of this Chapter or otherwise, to post, affix or otherwise
attach to any building, structure or fixture located upon such premises,
whether such fixture is natural or artificial, any poster or handbill
containing any matter prohibited by the terms of this Chapter.
[CC 1974 §3-16; Ord. No. 23 §4-311, 3-1-1958]
The provisions of this Chapter shall not be deemed to apply
to the distribution of mail by the United States nor to newspapers.
