§ 108-10 DISTRIBUTION OF HANDBILLS.
   (A)   Distribution in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the town, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the town for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
   (B)   Distribution on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
   (C)   Distribution on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant.
   (D)   Distribution on private premises.
      (1)   Distribution prohibited where properly posted. 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 the premises in a conspicuous position near the entrance thereof a sign bearing the words No Trespassing, No Peddlers or Agents, No Advertisement, or any similar notice indicating in any matter that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any handbills left upon the premises.
      (2)   Distribution at inhabited private premises. No person shall throw, deposit, or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited except by handing or transmitting any handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, the person, unless requested by anyone upon the premises not to do so, may place or deposit any handbill in or upon the inhabited private premises if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets or other public places, except that mailboxes may not be used when prohibited by federal postal laws or regulations.
      (3)   Applicability of provisions for mail and newspapers. The provisions of this division shall not apply to the distribution of mail by the United States nor to newspapers, as defined herein, 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.
(Prior Code, § 108-10) (Ord. passed 3-19-1973)