Town of Dewey Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Commissioners of the Town of Dewey Beach 5-8-1993 by Ord. No. 262 (§§ 1020 through 1034 of the 1984 Code). Amendments noted where applicable.]
[1]
Editor's Note: Pursuant to Ord. 724, adopted 1-9-2016, all definitions throughout the Code were transferred to Ch. 1, Art. III, Definitions.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Town, 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 Town streets, highways or intersections, distribute handbills if such action:
(1) 
Obstructs 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) 
Creates or causes to be created a danger or breach of the peace; or
(3) 
Creates or causes 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 the 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 is present.
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 § 108-13, 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.
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 chapter.
No license issued under this chapter 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 license names in such license nor any other person shall be entitled to any refund of any part of the license fee.
The Commissioners 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 chapter or any other grounds specified by law.
The provisions of this chapter 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 of 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.
Any person, firm or corporation found in violation of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $200 nor more than $500 and shall pay the cost of prosecution.