As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise
reproduced original or copies of any matter or literature:
A.
Which advertises for sale any merchandise, real estate, product,
commodity, or thing;
B.
Which directs attention to any business or mercantile or commercial
establishment, or other activity, for the purpose of either directly
or indirectly prompting the interests thereof by sales; or
C.
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.
NEWSPAPER
Any newspaper of general circulation, any newspaper duly
entered with the United States Postal Service, in accordance with
federal statute or regulation, and any newspaper filed and recorded
with any recording officer as provided by general law and, in addition
thereto, shall mean and include any periodical or current magazine
regularly published with not less than four issues per year, and sold
to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, 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.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIVATE PREMISES
Any dwelling, house, building, or other structure, designed
or used in whole or part for residential purposes, whether inhabited
or uninhabited, and shall include any yard, grounds, walk, driveway,
driveway apron or entryway, porch, steps, vestibule, mailbox or similar
receptacle belonging to, used by or appurtenant to such dwelling,
house, building, or other structure.
PUBLIC PLACE
Any and all streets, sidewalks, commercial building entryways,
avenues, lanes, alleys, or other public or common ways, and any and
all public parks, squares, spaces, plazas, grounds and buildings.
It shall be unlawful for any person to deposit, place, throw,
scatter or cast any commercial or noncommercial handbill in or upon
any public place within the municipality; provided, however, that
it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any commercial or noncommercial
handbill in any public place to any person willing to accept such
handbill.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial 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 commercial or noncommercial handbill to the
owner or other occupant of any automobile or other vehicle who is
willing to accept the same.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill
in or upon any private premises which are uninhabited or vacant.
It shall be unlawful for any person to distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill
upon any premises if requested by anyone thereon not to do so, or
if there is placed on said premises in a conspicuous position near
the entrance thereof, a sign bearing the words: "No Trespassing,"
"No Peddlers or Agents," "No Advertisements," or any similar notice,
indicating in any manner that the occupants of said premises do not
desire to be molested or to have their right of privacy disturbed,
or to have any such commercial or noncommercial handbills left upon
such premises.
If any part of this chapter is held invalid by a court of competent
jurisdiction, the remainder thereof shall not be affected.
This chapter shall not be deemed to repeal, amend or modify any existing local law under Village Code Chapter
157 or otherwise, either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants, or any person using the public streets or places for any private business or enterprise, or for commercial sales, not covered herein.
Violations of this chapter, upon conviction thereof, shall be
punished by a fine or penalty of not more than $1,000 or by imprisonment
for not more than 15 days, or both. In addition, the provisions herein
may be enforced by any equitable remedy available under state or federal
law.