(a) It shall be unlawful for any person to distribute or cause others to distribute, as defined in Section 10-8-325(d), commercial advertising matter, as defined in Section 10-8-320(a), on the premises of any residential dwelling in the City in such a manner that the commercial advertising matter does or reasonably could: (1) interfere with any security mechanism, or (2) cause any safety hazard, or (3) make a hole, remove paint or otherwise damage the surface of any structure or object where the commercial advertising matter is placed. Unlawful methods of distribution include but are not limited to: (i) hanging commercial advertising matter on the doorknob of any entrance door or gate, (ii) placing or wedging commercial advertising matter into or underneath any entrance door in such a manner that it interferes or could interfere with the door locking, (iii) leaving a stack of commercial advertising matter on the premises, or (iv) using a method of delivery that causes or reasonably could cause the commercial advertising matter to become dislodged and blown away or otherwise deposited by the elements upon any sidewalk, street, alley or other public place or private residence within the City. The distribution of commercial advertising matter shall not be unlawful under this subsection if: (A) the commercial advertising matter is placed in the hands of its intended recipient, or (B) the owner or manager of the premises has posted express written consent authorizing the distribution of commercial advertising matter on the premises, or (C) the commercial advertising matter is placed in a specific location, where it is unlikely to be dislodged by the elements, designated by the property owner or manager for the receipt of such matter.
(b) It shall be unlawful for any person to distribute or cause others to distribute, as defined in Section 10-8-325(d), commercial advertising matter, as defined in Section 10-8-320(a), on any private property in the City where the owner, occupant or manager of the property has posted a "No Trespassing" or "No Soliciting" sign or a substantial equivalent thereof that is located so as to be clearly visible to the person wishing to distribute commercial advertising matter at or near that portion of the property.
(c) Any person who violates this section shall be fined not less than $200.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. There shall be a rebuttable presumption that any person, business or entity whose goods, services, or activities are promoted in any commercial advertising matter distributed in violation of this section is a person who distributed the commercial advertising matter or caused others to distribute it.
(Added Coun. 7-2-97, p. 48127; Amend Coun. J. 6-27-01, p. 63093, § 1; Amend Coun. J. 5-1-02, p. 84346, § 1; Amend Coun. J. 7-10-02, p. 90139, § 1; Amend Coun. J. 5-11-05, p. 48077, § 1; Amend Coun. J. 2-7-07, p. 98140, § 1; Amend Coun. J. 5-28-14, p. 81915, § 1; Amend Coun. J. 3-13-19, p. 96533, § 2)