City of Smithville, MO
Clay County
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Table of Contents
Table of Contents

Section 620.010 Definitions.

[Ord. No. 1104 §1, 5-10-1988]
The following words, terms and phrases, when used in this Chapter, 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.
1. 
Which advertises for sale any merchandise, product, commodity or thing; or
2. 
Which 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; or
3. 
Which 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 Chapter 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 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, or promoting the interests of any non-profit organization, or in the furtherance of a civic or patriotic undertaking; provided that nothing contained in this Chapter 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 or under any ordinance of this City; or
4. 
Which, 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.
HANDBILL DISTRIBUTOR
Any person engaging or engaged in the distribution of 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), whether for himself or for others and irrespective of whether or not such person is receiving compensation directly or indirectly for the distribution of such handbills or circulars.
NON-COMMERCIAL HANDBILL
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 or literature not included in the aforesaid 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 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
All streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

Section 620.020 Distributing Handbills in Public Places.

[Ord. No. 1104 §2, 5-10-1988]
It shall be unlawful for any person to deposit, place, throw, scatter or cast or, through agents, employees or otherwise, to cause to be deposited, placed, thrown, scattered or cast any commercial handbill in or upon any public place within this City; and it shall also be unlawful for any person to hand out or distribute or sell any commercial handbill in any public place or to cause the doing of any of the aforesaid; provided, however, 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.

Section 620.030 Placing on Vacant Premises.

[Ord. No. 1104 §3, 5-10-1988]
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast, or, through 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 private premises which are temporarily or continuously uninhabited or vacant, or to cause the doing of any of the aforesaid.

Section 620.040 Placing on Private Premises Contrary to Request or Notice.

[Ord. No. 1104 §4, 5-10-1988]
It shall be unlawful for any person to do or cause the doing of any of the following : To distribute, deposit, place, throw, scatter, or cast, or, through agents, employees or otherwise, to cause to be distributed, deposited, placed, thrown, scattered or cast any commercial or non-commercial handbill upon any premises, if requested by anyone in authority connected with such premises 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 that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left upon such premises.

Section 620.050 Manner of Distributing on Private Premises.

[Ord. No. 1104 §5, 5-10-1988]
No person shall, directly or through others, distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are inhabited, except by handling or transmitting any such handbill directly to the owners, occupant or any other person then present in or upon such private premises; provided that in case of inhabited premises, the aforesaid licensee or other person, may place or deposit any such handbill in or upon such inhabited premises, if such handbill is so deposited in a receptacle or box furnished by the licensee 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.

Section 620.060 Information to Be Placed on Certain Handbills Distributed.

[Ord. No. 1104 §6, 5-10-1988]
A. 
It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate, or, through agents, employees or otherwise, to cause to be distributed, deposited, scattered, handed out or circulated any commercial handbills or circulars in any place, under any circumstances, which do not have printed on the cover, front or back thereof, the name and address of the following:
1. 
The person who printed, wrote, compiled or produced the same.
2. 
The person who caused the same to be distributed; provided that, in the case of a fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring such handbill shall also appear thereon.

Section 620.070 Disallowing Posting of Prohibited Handbills.

[Ord. No. 1104 §7, 5-10-1988]
It shall be unlawful for the owner, lessee, occupant or agent of premises to permit any person, whether 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.

Section 620.080 Penalty.

[Ord. No. 1104 §8, 5-10-1988]
Any person found who violates this Chapter, is guilty of an infraction and, upon conviction will be punished by a fine of not more than five hundred dollars ($500.00) or thirty (30) days in jail or both.