[Code 1991, § 13-141]
Unless otherwise specifically provided, a violation of any provision
of this chapter shall constitute a Class 4 misdemeanor. Each day that
a violation continues shall constitute a separate offense.
[Code 1991, § 13-142]
It shall be unlawful for any person to hire any other person
to distribute any handbill, circular or other advertisement contrary
to the provisions of the ordinances of the City.
[Code 1991, § 13-143]
It shall be unlawful for any person to distribute or scatter,
or cause to be distributed or scattered, on the streets, alleys or
lanes of or in or about any lot, yard, porch or vestibule of any building
in the City, any sample, handbill, dodger, circular or other paper,
advertising matter or device liable to litter the streets and premises
of the City. This section shall not prohibit any person from distributing
such matter from house to house, provided it is so distributed that
it will not be blown or cast into the street.
[Code 1991, § 13-144]
It shall be unlawful for any person to solicit or advertise
any business, service or product by placing or causing to be placed
handbills, circulars or other matter in or on any motor vehicle, without
the consent of the owner or custodian of such motor vehicle.
[Code 1991, § 13-145]
It shall be unlawful for any person to distribute advertising
matter, by posters, bills, samples or otherwise, except by handing
the advertising matter to pedestrians willing to accept it, on the
streets of the City.
[Code 1991, § 13-146]
It shall be unlawful for any City official or other person to
nail, tack, paste, or in any other manner attach or cause to be attached
any sign, notice, advertisement or other poster to any telegraph,
telephone or electric light pole or curbing, or any public property
whatsoever, within the limits of the City, or on any trees on the
streets or sidewalks, or any house, wall or fence within the City
limits, without the written permission of the owner thereof.
[Code 1991, § 13-147]
A.
It
shall be unlawful for any person to encumber, encroach upon or use
any portion of any street, sidewalk, alley, or public space of the
City for the display of signs of any description, except for business
and temporary informational signs erected over or using any portion
of any street, sidewalk, alley or public space of the City, which
are authorized by the City Manager and for which the City Manager
issues a permit.
B.
Prior
to such authorization the City Manager shall determine that any proposed
sign does not conflict with other sign regulations in this Code, does
not present a hazard to vehicular or pedestrian traffic, does not
impair sight distance and does not interfere with loading, utilities
or any other function deemed to have priority over the proposed sign.
The City Manager shall also determine the size, shape, number, location,
and duration of display of proposed signs and the expiration date
of the permit. The following permit fee schedule is established:
[Code 1991, § 13-148]
A.
Temporary
signs or banners made of cloth or other light flexible material and
attached by cords or light rope may be placed over the streets from
curb to curb subject to the following conditions:
(1)
The City Manager must first approve the material, attachment and
location of such sign or banner and issue a permit therefor.
(2)
The lowest point of any such sign, banner and attachment must be
at least 14 feet above the street level.
(3)
The subject matter of such sign or banner must be of a charitable,
fraternal, religious, or civic nature.
(4)
The maintenance of any such sign or banner and permit therefor shall
be limited to 30 days.
B.
It
shall be unlawful for any person to fail to comply with the provisions
of this section.
[Code 1991, § 13-149]
Any person who, with intent to sell or in any wise dispose of
merchandise, securities, service or anything offered by such person,
directly or indirectly, to the public for sale or distribution or
with intent to increase the consumption thereof, or to induce the
public in any manner to enter into any obligation relating thereto,
or to acquire title thereto, or any interest therein, makes, publishes,
disseminates, circulates or places before the public, or causes, directly
or indirectly, to be made, published, disseminated, circulated or
placed before the public, in a newspaper or other publication, or
in the form of a book, notice, handbill, poster, blueprint, map, bill,
tag, label, circular, pamphlet or letter or in any other way, an advertisement
of any sort regarding merchandise, securities, service, land, lot
or anything so offered to the public, which advertisement contains
any promise, assertion, representation or statement of fact which
is untrue, deceptive or misleading, or uses any other method, device
or practice which is fraudulent, deceptive or misleading to induce
the public to enter into any obligation, shall be guilty of a Class
1 misdemeanor. The words "untrue, deceptive and misleading," as used
in this section, shall be construed as including:
A.
The
advertising in any manner by any person of any goods, wares or merchandise
as a bankrupt stock, receiver's stock or trustee's stock,
if such stock contains any goods, wares or merchandise put therein
subsequent to the date of the purchase by such advertiser of such
stock, and if such advertisement of any such stock fails to set forth
the fact that such stock contains other goods, wares or merchandise
put therein subsequent to the date of the purchase by such advertiser
of such stock, in type as large as the type used in any other part
of such advertisement, including the caption of the advertisement;
and
B.
The
use of any writing or document which appears to be, but is not in
fact, a negotiable check, negotiable draft or other negotiable instrument
notwithstanding the fact that its nonnegotiability is indicated on
the writing or document.
[Code 1991, § 13-150]
A person who knowingly uses for advertising purposes, or for
the purpose of trade, the name, portrait, or picture of any person
resident in the commonwealth, without having first obtained the written
consent of such person, or, if dead, of his surviving consort, or,
if none, his next of kin, or, if a minor, of his parent or guardian,
as well as that of such minor, shall be deemed guilty of a misdemeanor
and be fined not less than $50 and not more than $1,000.
