[HISTORY: Adopted by the City Council of the City of Waverly
as Ch. 3 of the 1973 Code. Amendments noted where applicable.]
It shall be unlawful for any person to wrongfully and maliciously
tear down, deface or cover up any posted advertisement or bill of
any person when the same is rightfully posted and put up and during
the time such sign or advertisement shall be of value.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to leave or place upon or
against any telephone pole or electric light pole or other utility
pole within the City any advertisement of any character or description.
As used in this article, the following terms shall have the
meanings indicated:
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.
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 shall mean and include
any periodical or current magazine regularly published with not less
than four issues per year, and sold to the public; and shall mean
and include any other copyrighted material.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
The provisions of this article 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.
It shall be unlawful for any person to hand out or distribute
or sell any handbill in any public place; except that a handbill may
be personally delivered to any person willing to accept the same.
No person shall throw, deposit or distribute any handbill in
or upon private premises which are inhabited, except by handing or
transmitting any such 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, such person, unless requested by anyone upon such premises
not to do so, may place or deposit any such handbill in or upon such
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 regulation.
No person shall throw, deposit or distribute any handbill upon
any private premises, if requested by anyone thereon not to do so,
or if there is placed on such premises 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 such premises
do not wish to have their right of privacy disturbed, or to have any
handbills left upon such premises.
It shall be unlawful for any person to throw or deposit any
handbill in or upon any private premises which are uninhabited or
vacant.
No person shall throw or deposit any handbill in or upon any
vehicle.
It shall be unlawful for any person to distribute commercial
handbills within the City without first obtaining a permit so to do.
A.
License chapter applicable. The provisions of Chapter 178, Licenses, of this Code, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any permit under the provisions of this article.
B.
Application.
Applications for a permit required by the provisions of this section
shall be made to the City Clerk, and shall contain a statement of
the nature of the article, cards or advertisement to be distributed
and the name of the applicant and the name of the manufacturer or
distributor of such article or service advertised.
C.
Fee. The
fee for a permit required by the provisions of this section shall
be set forth in the fee schedule adopted by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Investigation.
No permit required by the provisions of this section shall be issued
to any but a person of good character.
