[HISTORY: Adopted by the Board of Alderman of the City of Derby 12-21-1995.
Amendments noted where applicable.]
The following terms, phrases, words and their derivatives shall have
the meanings given herein unless their use in the text clearly demonstrates
a different meaning:
Any printed or written matter, leaflet, pamphlet, paper, booklet
or any other printed matter or literature which is not delivered by United
States Mail, including but not limited to material:
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 interest thereof by sales; or
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.
All property including but not limited to vacant land or any land,
building or other structure designed or used for residential, commercial,
business, industrial, institutional or religious purposes, together with any
yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and
other structure appurtenant thereto.
Means and includes any and all streets, boulevards, avenues, lanes,
alleys or other public ways and parks, squares, plazas, grounds and buildings
frequented by the general public, whether publicly or privately owned.
Every device in, upon or by which any person or property is or may
be transported or drawn upon land or water, including devices used exclusively
upon stationary rails or tracks.
A.
No person shall deposit or unlawfully distribute any
handbill in or upon premises, except by handing or transmitting any such handbill
directly to the occupant of such private premises; provided, however, that
in case of private premises which are not posted against the receiving of
handbills or similar material, such person, unless requested by anyone upon
such premises not to do so, may securely place any such handbill in such a
manner as to prevent such handbill from being deposited by the elements upon
any public place or private premises, except mailboxes may not be so used
when prohibited by federal postal law or regulation.
B.
The provisions of this section shall not apply to the
distribution upon private premises only of newspapers or political literature,
except that newspapers and political literature shall be placed in such a
manner as to prevent their being carried or deposited by the elements upon
any public place or private premises.
No person shall throw, scatter or cast any kind of handbill in or upon
any public place within the city; and no person shall hand out or distribute
or sell any commercial handbill in any public place; provided, however, that
it shall not be unlawful for any person to hand out or distribute handbills
or any other thing which is otherwise permitted and authorized by law in any
public place to any person willing to accept such handbill or other thing,
without payment therefor.
No person shall deposit, fasten, throw, scatter or cast any handbill
in or upon any vehicle. The provisions of this section shall not be deemed
to prohibit the handing of any noncommercial handbill to the owner or other
occupant of any vehicle who is willing to accept it without payment therefor.
It shall be the responsibility of any person distributing handbills
to maintain the area which they are utilizing free of any litter caused by
or related to said handbill distribution.
Any person, firm or corporation violating any provision of this section
shall be fined $50 for each offense; and a separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
