[HISTORY: Adopted by the City Council of the City of Lexington as
indicated in article histories. Amendments noted where applicable.]
[Adopted as §§ 15-4 to 15-7 of the 1958 Code (§§ 15-4
to 15-7 of the 1970 Code)]
It shall be unlawful for any person within the City to post up any show
bill, notice or advertisement or to brand, write, mark or paint any sign,
letters or characters upon any building, wall, fence or property of another
person without first obtaining the consent of the owner of such property or
his agent.
It shall be unlawful for any person within the City to tear down or
deface any bill or advertisement put up with the consent of the owner of the
property whereupon the same is posted, so long as the same may be of any benefit
to the party posting it.
It shall be unlawful for any person to erect any notice or sign in the
name of the City or the police or Police Department without written authority
therefor from the Mayor.
It shall be unlawful for any person operating any airplane or any other
aerial vehicle to drop any advertising matter within the jurisdiction
of the City.
[Adopted by Ord. No. 05-7 (Ch. 10, Art. I of the
1970 Code)]
The purpose of this article is to:
A.
Protect the people 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 handbills.
B.
Preserve to the people their constitutional right to
receive and disseminate information not restricted under the ordinary rules
of decency and good morals and public order, by distinguishing between the
nuisance created by the promiscuous distribution of advertising and commercial
circulars and the right to deliver noncommercial handbills to all who are
willing to receive the same.
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.
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.
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.
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 air holes 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.
It shall be unlawful for any person to post, hand out, distribute or
transmit any sign or any handbill which is:
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.
Any person who shall violate any provision of this article, upon conviction
thereof, shall be punished by a fine or penalty consistent with a Class 2
misdemeanor of not more than $1,000 or by imprisonment for not more than six
months, or both.
