[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.]
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.
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:
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.