The Town Council finds and declares that, to protect the residents
of the Town against the nuisance of and incident to the promiscuous
distribution of handbills and circulars, with the resulting detriment
and danger to public health and safety, the public interest, convenience
and necessity requires the regulation thereof, and to that end the
purposes of this article are specifically declared to be as follows:
(1)
To
protect residents of the Town against trespassing upon the private
property of such residents who have not requested nor consented to
receive handbills or advertising matter by handbill distributors;
(2)
To
protect the residents of the Town against the health and safety menace
and the expense incident to the littering of the streets and public
places by the promiscuous and uncontrolled distribution of advertising
matter and commercial and noncommercial handbills; and
(3)
To
preserve the people’s constitutional rights of privacy and to
receive and disseminate information.
(1971 Code, sec. 10-101)
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:
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:
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 interests 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; but 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 either of 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, provided that nothing contained in this clause shall
be derived 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 Town; 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 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 (4)
issues per year, and sold to the public.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, or booklet, or any
other printed or otherwise reproduced original or copies of any matter
of literature not included in the aforesaid definitions of a commercial
handbill or a newspaper.
Material which depicts or describes sexual conduct that is
objectionable or offensive to accepted standards of decency which
the average person, applying contemporary community standards, would
find, taken as a whole, appeals to prurient interests, or material
which depicts or describes, in a patently offensive way, sexual conduct
specifically defined by the applicable State law, which, taken as
a whole, lacks serious literary, artistic, political, or scientific
value.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any dwelling, house, building, or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited, 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.
Any and all streets, boulevards, avenues, lanes, alleys,
or other public ways, and any and all public parks, squares, spaces,
plazas, grounds and buildings.
(1971 Code, sec. 10-102)
Any person or entity violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined as provided in section 1.01.009 of this code.
(1971 Code, sec. 10-110)
This article shall not be deemed to repeal, amend or modify
any ordinance ever ordained, 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.
(1971 Code, sec. 10-109)
No person shall post, stick, stamp, paint or otherwise affix,
or cause the same to be done by any person, any notice, placard, bill,
card, poster, advertisement or other paper or device calculated to
attract the attention of the public, to or upon any sidewalk, crosswalk,
curb or curbstone, flagstone, or any other portion or part of any
public way or public place, or any lamppost, electric light, telegraph,
telephone or trolley line pole, or railway structure, hydrant, shade
tree or tree-box, or upon the piers, columns, trusses, girders, railings,
gates or other parts of any public bridge or viaduct, or other public
structure or building, or upon any pole, box or fixture of a fire
alarm, except such as may be authorized or required by the laws of
the United States or the State and the ordinances of the Town.
(1971 Code, sec. 10-103)
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 Town. 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.
(1971 Code, sec. 10-104)
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.
(1971 Code, sec. 10-105)
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.
(1971 Code, sec. 10-106)
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 have their right of privacy disturbed,
or to have any such commercial or noncommercial handbills left upon
such premises.
(1971 Code, sec. 10-107)
(a)
In those instances where section 8.04.009 does not apply, no person shall throw, place, deposit, or distribute any commercial or noncommercial handbill in or upon private premises except by:
(1)
Handing or transmitting any such handbill directly to the owner,
occupant, or other person that is present in or upon such private
premises;
(2)
Placing or depositing any such handbill from being blown or drifted
about such premises or sidewalks, streets, or other public places.
Mailboxes may not be used when so prohibited by federal postal law
or regulations.
(b)
The
provisions of this section shall not apply to the distribution of
mail by the United States or 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.
(1971 Code, sec. 10-107.5)
