[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.
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.
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.
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.
