City of Rehoboth Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 11-8-1974 as Ch. 3 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
As used in this article, the following terms shall have the meanings indicated:
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 of literature:
A. 
Which advertises for sale any merchandise, produce, commodity or thing;
B. 
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;
C. 
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 purposes 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 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 ordinances of this City; or
D. 
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
Includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
NEWSPAPER
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.
NONCOMMERCIAL 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 of literature not included in the definitions of a commercial handbill or 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.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, or hand out or distribute or sell any commercial handbill in any public place; provided, however, that any person may hand out or distribute, or sell to the receiver thereof, any noncommercial handbill to any person willing to accept it.
A. 
No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbills in or upon any automobile or other vehicle.
B. 
The provision of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the handbill.
A. 
No person shall, in the course of distributing commercial or noncommercial handbills to occupants of vehicles temporarily stopped on city streets, highways or intersections, distribute handbills if such actions:
(1) 
Obstruct any public street, highway or intersection by hindering, impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
(2) 
Create or cause to be created a danger of breach of the peace; or
(3) 
Create or cause to be created any danger to the life or safety of pedestrians or occupants of vehicles engaged in lawful passage on any street, highway or intersection.
B. 
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any handbill distributor on a street, highway or intersection is causing any of the conditions enumerated in Subsection A, he may, if he deems it necessary for the preservation of the public peace and safety, order the person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant:
A. 
Where it is apparent that the property is unoccupied;
B. 
Where it is apparent that a previous day's distribution of handbills has not been removed; or
C. 
Where the owner has not given his permission to do so.
A. 
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or any other person then present in or upon such private premises.
B. 
Any person may place or deposit any noncommercial handbill in or upon inhabited private premises which are not posted as provided in § 74-13, unless requested by anyone thereon not to do so, and provided that such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifting about such premises or elsewhere, except that mailboxes may not be so used when prohibited by federal postal laws or regulations.[1]
[1]
Editor's Note: Former Section 3-7, Application for commercial distributor's license; contents, which immediately followed this section, was repealed 8-10-1984 by Ord. No. 884-2.
A. 
License fees for a commercial distributor's license shall be determined by the Commissioners.
B. 
Any person acting for licensees, as agents or employees in the distribution of handbills, shall not be required to obtain a license or pay a fee, but such person shall comply with all of the other provisions of this article.
No license issued under this article shall be transferable to any other person.
If any commercial distributor's license is surrendered by the licensee or is revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of the license fee.
The Council may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations or for violation of this article or any other grounds specified by law.
The provisions of this article shall not be deemed to apply to the distribution of mail by the United States nor to newspapers.
All commercial handbills which are distributed, deposited, scattered, handed out or circulated in any place or under any circumstances shall have printed on the corner, front or back thereof, the following information:
A. 
The name and address of the person who printed, wrote, compiled or manufactured such handbill.
B. 
The name and address of the person who caused such handbill to be distributed.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on such premises in a conspicuous position near the entrance thereto 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 desire to be annoyed or to have their right to privacy disturbed or to have any such handbills left upon their premises.
No person shall distribute or deposit any commercial or noncommercial handbills daily from 8:00 p.m. to 8:00 a.m. of the following morning.[1]
[1]
Editor's Note: Original § 3-16, Commercial distributors of handbills; license required, which immediately followed this section, was repealed 8-10-1984 by Ord. No. 884-3.
[Amended 8-11-1995 by Ord. No. 895-1]
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
Includes that area from the edge of the sidewalk adjoining the abutting owner to the curbline of the abutting street.
SIGN
Includes the definitions of the term as set forth in Chapter 270, Zoning, § 270-56, of this Code.
[Amended 7-16-2007 by Ord. No. 0707-01[1]]
A. 
No person shall, keep, maintain or post any private advertisement, poster or sign upon or on any beach or strand or public boardwalk, park, sidewalk, street or other public property or way within the limits of the City of Rehoboth Beach.
B. 
Until an area is conclusively determined to be public property or way by the City of Rehoboth Beach, a private advertisement, poster or sign shall be permitted except within the following areas:
(1) 
Traffic islands, defined as public property bound by public roads, beaches, strands, parks, boardwalks and streets;
(2) 
Where there is a road but no sidewalk and no utility pole, the area between the edge of the pavement and eight feet extended perpendicular to the road;
(3) 
Where there is a road and a sidewalk but no utility pole, the area between the edge of the pavement and the furthest edge of the sidewalk; and
(4) 
Where there is a road and a utility pole, the area including the edge of the pavement and the furthest edge of the utility pole.
C. 
Enforcement of this section shall be consistent, and without regard to the individual, natural person, company, partnership, association, society, club, firm, corporation, organization, political action group, or any other group acting as a unit, responsible for keeping, maintaining or posting any private advertisement, poster or sign upon public property or way.
D. 
Any private advertisement, poster or sign kept, maintained or posted upon public property or way may be removed by the City of Rehoboth Beach. The individual or entity responsible for keeping, maintaining or posting any private advertisement, poster or sign upon public property or way that has been removed pursuant to the provisions of this section may be required to pay a fine not to exceed $20 and may also be required to pay the reasonable costs of removal and to pay a reasonable charge for storage not to exceed $5 for each day.
E. 
This section shall not apply to any private advertisement, poster or sign on public property or way as of May 1, 2006.
[1]
Editor's Note: This ordinance also repealed former § 74-17, Enforcement, added 9-18-2006 by Ord. No. 0906-01, which section immediately followed this section.