Village of Elm Grove, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Elm Grove 6-10-1957; amended in its entirety 9-8-1986. Subsequent amendments noted where applicable.]
The following words when used in this chapter shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
COMMERCIAL HANDBILL
Includes any printed or written advertising matter or any other sample, device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or other printed matter or literature which relates solely to the economic interests of the speaker and its audience.
NONCOMMERCIAL HANDBILL
Includes any sample, device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or other printed matter or literature which relates in some degree to something other than the economic interests of the speaker or its audience.
PERSON
Includes any person, firm, partnership, association, corporation, company or organization of any kind.
It shall be unlawful for any person either directly or indirectly to deposit, place, throw, scatter or cast any commercial handbill in or on any public thoroughfare, park, ground or other public place within the village so as to create a litter problem. The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing of any commercial handbill to any person willing to accept such handbill, nor shall they be deemed to prohibit the distribution of any noncommercial handbill in any orderly manner.
It shall be unlawful for any person either directly or indirectly to deposit, place, throw, scatter or cast any commercial handbill in or upon any automobile or other vehicle so as to create a litter problem. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any commercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept such handbill, nor shall they be deemed to prohibit the distribution of any noncommercial handbill in any orderly manner.
It shall be unlawful for any person, either directly or indirectly, to deposit, place, throw, scatter or cast any commercial handbill in or upon any private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or any other private property when there is already in or upon such property any commercial or noncommercial handbill or any other newspaper, paper or anything else which would indicate to the person distributing the commercial handbill that the property is presently unoccupied. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any commercial handbill to the owner or other occupant of said premises who is willing to accept such handbill, nor shall they be deemed to prohibit the distribution of any noncommercial handbill in any orderly manner.
It shall be unlawful for any person to distribute any handbill between the hours of 9:00 p.m. of any day and 9:00 a.m. of the following day.
The provisions of this chapter shall not be deemed to apply to messenger service or to the distribution of United States mail or telegrams, nor to the delivery of any handbill to any person who has requested delivery of the same, nor to the distribution of campaign material for candidates running for public office.
No person shall distribute handbills in such a manner as to impede the free flow of traffic upon any street or sidewalk, nor shall any such person molest or annoy any individual, group or gathering.
It shall be unlawful to tack, nail, paste, paint or otherwise affix any handbill upon any public property, including any bridge, fence, sidewalk, building, monument, pole or post. Handbills may be affixed upon private property, buildings or billboards if the consent of the owner shall have first been obtained and if the same is not otherwise prohibited by the ordinances of the Village of Elm Grove. The provisions of this section shall not prohibit lawfully posted legal notices.
[Amended 7-26-2005]
Any person who shall violate any provision of this chapter or any rule or regulation made under this chapter shall be subject to a penalty as provided in § 1-16 of this Code.