[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:
- COMMERCIAL HANDBILL
- 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:
- 1. Advertises for sale any merchandise, product, commodity or thing.
- 2. 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.
- 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 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.
- 4. 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.
- 5. Is not covered by the definition of sign in this Section.
- HANDBILL DISTRIBUTOR
- 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.
- NON-COMMERCIAL HANDBILL
- 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.
- 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 shall include 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, 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]
The purposes of this Article are specifically declared to be as follows:
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.
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.
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.
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]
License fees under the terms of this Article and for any such purposes shall be established by resolution of the Board of Aldermen.
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]
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.
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]
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.
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]
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:
The person who printed, wrote, compiled or manufactured such commercial or non-commercial handbill.
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.