[Added 9-19-2017 by Ord. 2017.103]
(a) 
The purpose of this article is to protect the rights of Biddeford residents and property owners who desire not to receive unwanted printed or written materials, whether commercial or noncommercial in nature, including unsolicited newspapers. The right of privacy affords citizens the right to determine and limit the materials they will allow to be delivered on their private property. When a resident or property owner affirmatively provides notice that they do not want to receive delivery of unsolicited print or other written materials on their property, to deliver such materials in contravention of such expressed desire is, in effect, a trespass against the resident or property owner.
(b) 
This article is intended to ensure and protect the privacy rights of Biddeford residents and property owners on their private property and to deter the accumulation of unsolicited printed or written materials that might signal that a house is unoccupied. It is further intended to prevent littering and protect the aesthetic appearance of the City by reasonable regulation as to the time, place, and manner of the distribution and delivery of unsolicited printed or written materials within the community.
The City Clerk shall maintain a list of all residents and property owners, by address, that have filed written notice with the City Clerk requesting that unsolicited printed and other written materials not be delivered to their property. Written notice shall be effective indefinitely until and unless written notice is received from the resident or property owner that they now desire to receive unsolicited printed or other written materials. The list shall be revised from time to time as the City Clerk is notified by a resident or property owner that they desire to have their property either removed from or placed on the list. Nothing in this article shall require the City Clerk to verify the identity of any resident or property owner or to verify any change of ownership, occupancy or control. The City shall not be liable for any errors or omissions on the list. The list shall be maintained by the City Clerk and provided electronically to license holders.
(a) 
No person, organization, business, or other entity, or their agents or representatives, may distribute or deliver any unsolicited printed or other written materials upon the property of any City resident or property owner on more than two occasions in any calendar year without first having obtained an annual license from the City Clerk prior to such distribution or delivery. The license application shall identify the name of the printed or other written material to be distributed and shall be signed and duly acknowledged by an individual or, in the case of an organization, business, or other entity, by the authorized agent or representative who shall agree to accept responsibility for i) the receipt of the opt-out list of residents and property owners described in Section 34-33 above, and ii) any notice of violations by delivery persons and carriers with the provisions of this article.
(b) 
Upon receipt of a completed application and an application fee of $100, the City Clerk shall administratively issue the license unless the City Council previously has revoked or declined to renew a license previously held by the applicant. If the City Council previously has revoked or declined to renew a license application by the same applicant, then the City Clerk shall forward the application to the City Council who shall decide whether to issue the license.
(a) 
The City Clerk shall administratively renew the license annually upon payment of the annual license fee of $100 unless the applicant has violated this article on five or more separate days during the prior calendar year.
(b) 
If the applicant has violated this article on five or more separate days during the prior calendar year, a hearing before the City Council shall be held to determine if the license shall be renewed. A license holder may continue to distribute printed or other written material in accordance with this article after the expiration of its license until a decision by the City Council denying the license renewal.
(c) 
The license shall be renewed by the City Council if at the conclusion of the hearing the City Council determines:
(1) 
The violations have been reasonably corrected or are expected to be corrected in the future; and
(2) 
The violations that have occurred in the past are not expected to occur in the future; and
(3) 
An agreement has been entered into that provides relief for the residents or property owners that have been adversely impacted by the license holder; and
(4) 
That there are no mitigating circumstances warranting a denial of the license renewal.
(d) 
An annual administrative fee of $100 shall be due and payable by December 1 of each year to accompany the license application or renewal. The license may not be issued until all outstanding penalties, fees, attorney fees, court costs, and any other charges have been paid.
(a) 
No person, organization, business, or other entity, or their employees, authorized agents or representatives, including but not limited to the authorized agent described in Section 34-34 hereof and their delivery persons and carriers, shall deliver, distribute, throw, cast or place or cause or permit to be delivered, distributed, thrown, cast, or placed any unsolicited printed or other written materials of any nature whatsoever upon the premises of any City resident or property owner who has requested that such print or other written materials not be delivered to their property and whose address has been listed with the City pursuant to Section 34-33 hereof.
(b) 
This section shall not apply to persons, organizations, businesses, or other entities, or their agents or representatives, who distribute or deliver unsolicited printed or other written materials upon the property of any City resident on no more than two occasions in any calendar year.
(a) 
No person, organization, business or other entity shall throw, cast or place in or upon any City right-of-way, street, avenue, highway or sidewalk any unsolicited printed or other written material, including but not limited to newspapers, handbills, circulars, advertising and cards.
(b) 
This section shall not apply to public service announcements or notices distributed by the City or a Department of the City. Such announcements or notices shall be placed on the driver's side of the windshield of the vehicle.
Any person, organization, business, or other entity, or their agents or representatives, that delivers or distributes any unsolicited printed or other written materials shall collect and remove all of its printed or other written materials from the City rights-of-way, streets, avenues, highways, sidewalks, and all other locations set forth in Section 34-37 within 72 hours from the time of delivery.
(a) 
Any lawfully delivered items that are not collected by the resident or property owner must be removed by the person, organization, business, or other entity distributing such materials within 72 hours from the time of delivery.
(b) 
This section shall not apply to persons, organizations, businesses, or other entities, or their agents or representatives, who distribute or deliver unsolicited print or other written materials upon the property of any City resident or property owner on no more than two occasions in any calendar year.
(a) 
Penalties for violations. Any person, organization, business or other entity that violates any provisions of this article may be subject to a minimum penalty of $100 and a maximum penalty of $2,500 per violation; provided, however, that any person, organization, business or other entity that fails to obtain or renew a license in accordance with this article may be subject to a minimum penalty of $500 and a maximum penalty of $2,500 per violation. The amount of the penalty assessed by the City shall be based upon the frequency and severity of the violation(s) and whether the violation(s) was corrected within a reasonable time.
(b) 
Revocation of license. The City Council, after notice and hearing may revoke the license of any person, organization, business or other entity that has violated this article on five or more separate days in a calendar year or who has failed to pay any fines, penalties and costs assessed under this article.
(c) 
Recovery of costs. In any action that the City initiates to enforce the provisions of this article, the City if it is the prevailing party shall be entitled to recover its reasonable costs, including attorneys fees and court costs.
If any section or provision of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.