[R.O. 1991 § 620.010; Ord. No. 1104 § 1, 5-10-1988]
The following words, terms and phrases,
when used in this Article, have the meanings ascribed to them in this
Section, except where the context clearly indicates a different meaning:
COMMERCIAL HANDBILL
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 or literature.
1.
Which advertises for sale any merchandise,
product, commodity or thing; or
2.
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; or
3.
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 gain or profit;
but the terms of this Article shall not apply where an admission fee
is charged or a collection is taken up for the purpose of defraying
the expense incident to such meeting, theatrical performance, exhibition,
or event of any kind, when the same is held, given or takes place
in connection with the dissemination of information which is not restricted
under the ordinary rules of decency, good morals, public peace, safety
and good order, or promoting the interests of any non-profit organization,
or in the furtherance of a civic or patriotic undertaking; provided
that nothing contained in this Article shall be deemed to authorize
the holding, giving or taking place of any meeting, theatrical performance,
exhibition, or event of any kind, without a license, where such license
is or may be required by any law of this State or under any ordinance
of this City; or
4.
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.
HANDBILL DISTRIBUTOR
Any person engaging or engaged in the distribution of commercial
or non-commercial handbills (other than newspapers distributed to
subscribers thereof, or neighborhood newspapers, containing current
news and information as well as advertising matter, distributed partly
to subscribers and partly to the general public), whether for himself/herself
or for others and irrespective of whether or not such person is receiving
compensation directly or indirectly for the distribution of such handbills
or circulars.
NON-COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger,
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.
PRIVATE PREMISES
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 shall include any yard, grounds, walk, driveway, porch steps,
vestibule, or mailbox belonging or appurtenant to such dwelling house,
building or other structure.
PUBLIC PLACE
All streets, boulevards, avenues, lanes, alleys or other
public ways, and any and all public parks, squares, spaces, plazas,
grounds and buildings.
[R.O. 1991 § 620.020; Ord. No. 1104 § 2, 5-10-1988]
It shall be unlawful for any person
to deposit, place, throw, scatter or cast or, through agents, employees
or otherwise, to cause to be deposited, placed, thrown, scattered
or cast any commercial handbill in or upon any public place within
this City; and it shall also be unlawful for any person to hand out
or distribute or sell any commercial handbill in any public place
or to cause the doing of any of the aforesaid; provided, however,
that it shall not be unlawful for any person to hand out or distribute,
without charge to the receiver thereof, any non-commercial handbill
in any public place to any person willing to accept such non-commercial
handbill.
[R.O. 1991 § 620.030; Ord. No. 1104 § 3, 5-10-1988]
It shall be unlawful for any person
to distribute, deposit, place, throw, scatter or cast, or, through
agents, employees or otherwise, to cause to be distributed, deposited,
placed, thrown, scattered or cast any commercial or non-commercial
handbill in or upon any private premises which are temporarily or
continuously uninhabited or vacant, or to cause the doing of any of
the aforesaid.
[R.O. 1991 § 620.040; Ord. No. 1104 § 4, 5-10-1988]
It shall be unlawful for any person
to do or cause the doing of any of the following: to distribute, deposit,
place, throw, scatter, or cast, or, through agents, employees or otherwise,
to cause to be distributed, deposited, placed, thrown, scattered or
cast any commercial or non-commercial handbill upon any premises,
if requested by anyone in authority connected with such premises not
to do so, or if there is placed on such 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 that the occupants of such premises do not desire to be
molested or to have their right of privacy disturbed or to have any
such handbills left upon such premises.
[R.O. 1991 § 620.050; Ord. No. 1104 § 5, 5-10-1988]
No person shall, directly or through
others, distribute, deposit, place, throw, scatter or cast any commercial
or non-commercial handbill in or upon any private premises which are
inhabited, except by handling or transmitting any such handbill directly
to the owners, occupant or any other person then present in or upon
such private premises; provided that in case of inhabited premises,
the aforesaid licensee or other person, may place or deposit any such
handbill in or upon such inhabited premises, if such handbill is so
deposited in a receptacle or box furnished by the licensee as to secure
or prevent such handbill from being blown or drifted about such premises
or elsewhere, except that mailboxes may not be so used when so prohibited
by Federal postal laws or regulations.
[R.O. 1991 § 620.060; Ord. No. 1104 § 6, 5-10-1988]
A. It shall be unlawful for any person to
distribute, deposit, scatter, hand out or circulate, or, through agents,
employees or otherwise, to cause to be distributed, deposited, scattered,
handed out or circulated any commercial handbills or circulars in
any place, under any circumstances, which do not have printed on the
cover, front or back thereof, the name and address of the following:
1.
The person who printed, wrote, compiled
or produced the same.
2.
The person who caused the same to
be distributed; provided that, in the case of a fictitious name, the
true names and addresses of the owners, managers or agents of the
person sponsoring such handbill shall also appear thereon.
[R.O. 1991 § 620.070; Ord. No. 1104 § 7, 5-10-1988]
It shall be unlawful for the owner,
lessee, occupant or agent of premises to permit any person, whether
acting under the terms of this Article or otherwise, to post, affix
or otherwise attach to any building, structure or fixture located
upon such premises, whether such fixture is natural or artificial,
any poster or handbill containing any matter prohibited by the terms
of this Article.
[R.O. 1991 § 620.080; Ord. No. 1104 § 8, 5-10-1988]
Any person found who violates this
Article is guilty of an infraction and, upon conviction, will be punished
by a fine of not more than five hundred dollars ($500.00) or thirty
(30) days in jail or both.