[Code 1974 § 5-6; Code 1985 §§ 3-1,
14-1; Code 2005 § 6-1]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All persons engaged in the business or occupation of posting
by tacking, pasting, painting or otherwise, or circulating from house
to house, or distributing upon the street any advertising matter,
handbills or posters, pictures, samples or any other thing made or
devised whatever, advertising the business of any person; provided,
however, that nothing in this definition shall be construed to apply
to:
Painting of store, office or other wall signs by sign painters;
The posting of legal notices by public officers or attorneys
in the manner and in the places prescribed by law; or
The distribution of handbills or posters by local merchants
or other local enterprises; providing such distribution or posting
is in accordance with the ordinances of the City.
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 of literature:
Which advertises for sale any merchandise, product, commodity
or thing;
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;
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 private gain or profit; the terms
of this clause shall not apply where an admission fee is charged or
a collection is taken up for the purpose of defraying the expenses
incident to such meeting, theatrical performance, exhibition or event
of any kind, when the meeting, theatrical performance, exhibition
or event is held or given or takes place in connection with the dissemination
of information. Nothing contained in this subsection shall be deemed
to authorize the holding, giving or taking place of any meeting, theatrical
performance, exhibition or event of any kind without license where
such license is or may be required by law of this state or under any
ordinance of this City; or
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.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the post office department of
the United States, 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, means any periodical
or current magazine regularly published with not less than four issues
per year, and sold to the public.
Any printed or written matter, any sample, device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or other reproduced original or copies of any matter
of literature not included in the definition of a commercial handbill
or newspaper.
A park, reservation, playground, beach, recreation center
or any other public area in the City, owned or used by the City and
devoted to active or passive recreation.
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 includes any yard, grounds, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling house, building
or other structure.
Any and all streets, sidewalks, boulevards, alleys or other
public ways, and any and all public parks, squares, spaces, grounds
and buildings.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks; provided, however, the definition of "vehicle" as used in
this chapter shall not include implements of husbandry as defined
in 47 O.S. § 1-125.
[Code 1974 § 5-10; Code 1985 § 3-2; Code
2005 § 6-2]
No person shall engage in business as a billposter or handbill
distributor without obtaining an annual license from the City and
paying to the City for the license the fee established by resolution.
[Code 1974 § 5-13; Code 1985 § 3-7; Code
2005 § 6-3]
No billposter shall scatter, daub or leave any paste, glue or
other like substance used for affixing bills upon any public sidewalk
or pavement. No billposter shall scatter or throw any old bills or
waste material removed from billboards on the surface of any public
street or way, or upon the surface of any private ground.
[Code 1974 §§ 5-8, 14-62; Code 1985 §§ 3-4,
14-15, 15-46; Code 2005 § 6-4]
It shall be unlawful for any person to place, post, affix, stick,
tack, paste, paint, mark, write, print or in any other manner put
up any written or printed poster, advertisement, sign, picture, announcement,
bill, placard, inscription or other device, calculated to attract
the attention of the public, upon any lamppost or upon any telephone,
telegraph, electric light or other pole or shade tree or any public
or private building or other structure, fence, sidewalk, bridge, viaduct,
post, automobile or other vehicle, or other property of another, within
the City, without having first obtained the consent of the owner,
lessee or person in charge thereof, except as may be authorized or
required by law.
[Code 1974 § 5-9; Code 1985 § 3-6; Code
2005 § 6-5]
Any person who shall willfully deface or destroy any handbill
or poster which has been posted by a licensed billposter upon any
place where the billposter shall have the right to place the handbill
or poster shall be guilty of an offense.
[Code 1985 § 14-9; Code 2005 § 6-31]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public place within
the City. It shall be unlawful on any sidewalk, street or other public
place within the City for any person to hand out or distribute any
commercial or noncommercial handbill to any person not willing to
accept it.
[Code 1985 § 14-10; Code 2005 § 6-32]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle except in a manner which will prevent
it from being scattered or blown about by the elements. It is unlawful
in any public place for a person to hand out or distribute a commercial
or noncommercial handbill to any occupant of a vehicle who is not
willing to accept it.
[Code 1985 § 14-11; Code 2005 § 6-33]
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant.
[Code 1985 § 14-12; Code 2005 § 6-34]
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises, if requested
by anyone thereon not to do so, or if there is placed on the 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 in any manner that the occupants
of the premises do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills left upon such premises.
[Code 1985 § 14-13; Code 2005 § 6-35]
A.
No person shall throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited, except by
handing or transmitting the handbill directly to the owner, occupant
or other person then present in or upon such private premises; provided,
however, that in case of inhabited private premises which are not
posted, as provided in this chapter, such person, unless requested
by anyone upon such premises not to do so, may place or deposit any
such handbill in or upon such inhabited private premises, if such
handbill is so placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or sidewalks, streets
or other public places, and except that mailboxes may not be so used
when so prohibited by federal postal law or regulations.
B.
The provision of this section shall not apply to the distribution
of mail by the United States, nor to newspapers, except that newspapers
shall be placed on private property in such a manner as to prevent
their being carried or deposited by the elements upon any street,
sidewalk or other public place, or upon private property.
