The following words, terms and phrases, when used in this article,
have the meanings ascribed to them, 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 subsection 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
subsection shall be derived [construed] 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
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 issues
per year, and sold to the public.
Any printed or written matter, any sample or device, 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.
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.
(1990 Code, sec. 5.801)
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 the 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 city.
(1990 Code, sec. 5.802)
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 city. 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.
(1990 Code, sec. 5.803)
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.
(1990 Code, sec. 5.804)
It shall be unlawful for any person to distribute, deposit,
throw, scatter, or cast any commercial or noncommercial handbill in
or upon any private premises which are uninhabited or vacant.
(1990 Code, sec. 5.805)
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 be molested or to have their right
of privacy disturbed, or to have any such commercial or noncommercial
handbills left upon such premises.
(1990 Code, sec. 5.806)
(a)
No person shall throw, deposit, or distribute any commercial or noncommercial
handbill in or upon private premises 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 that except
where the premises are posted as provided in this article or where
anyone upon the premises requests otherwise, a person may place or
deposit any such commercial or noncommercial handbill in or upon such
private premises, if such handbill is contained in a plastic bag ventilated
with airholes throughout the surface of the bag, or an unventilated
plastic bag no greater than six inches in width, or 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. Mailboxes may not be so 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.
(1990 Code, sec. 5.807)
It shall be unlawful for any person to post, hand out, distribute
or transmit any sign or any handbill:
(1)
Which is reasonably likely to incite or produce imminent lawless
action; or
(2)
Which is obscene or unlawful.
(1990 Code, sec. 5.808)
This article shall not be deemed to repeal, amend or modify
any section ever adopted, 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.
(1990 Code, sec. 5.809)
