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(a) No person shall 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), by means of handing such commercial advertising matter to the occupants of automobiles operated or standing in the public way, or by placing or thrusting such commercial advertising matter into or upon or under the windshield wiper of an unoccupied automobile standing in the public way.
(b) 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.
(Prior code § 36-29; Amend Coun. J. 2-7-07, p. 98140, § 1; Amend Coun. J. 3-13-19, p. 96533, § 3)
(a) "Commercial advertising matter" means any written material that proposes or promotes, in whole or in part, or directly or indirectly: (1) any exchange of goods or services by a for-profit or not-for-profit business for valuable consideration; or (2) any activity that requires a license under Titles 4 or 9 of this Code; or (3) any activity that: (i) is open to members of the general public, and (ii) requires the payment of money or other valuable consideration, including but not limited to any cover charge, door entry fee, admission fee, minimum purchase requirement, donation, or other compensation or revenue, for the privilege of entering the premises or the portion of such premises where such activity is occurring or will occur. Written material shall be deemed to constitute commercial advertising matter of the type that proposes or promotes an exchange of goods or services for valuable consideration if such material bears the name of or contact information for a business or entity, or, absent the name of or contact information for a business or entity, bears a design, picture, symbol, catchphrase or slogan that is associated with a business or entity or its goods, services, or activities. The term "commercial advertising matter" shall not include: (i) informational material produced or distributed by a unit of government, or (ii) material solely offering a reward for lost property or announcing a neighborhood block party.
(b) No person shall distribute or cause others to distribute, as defined in Section 10-8-325(d), commercial advertising matter by means of posting, sticking, stamping, tacking, painting or otherwise fixing any such matter to or upon any: (1) sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way, lamppost, electric light, traffic light, telegraph, telephone or trolley line pole, hydrant, shade tree or tree-box, or (2) piers, columns, trusses, girders, railings, gates or parts of any public bridge or viaduct, or (3) pole box or fixture of the police and fire communications system, or (4) bus shelter, unless such distribution is required by the laws of the State or ordinances of the City. Provided, however, that decorative banners may be placed on City lightpoles in accordance with Section 10-8-340.
(c) 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.
(d) In addition to any other penalty provided by law, 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.
(e) Any person who violates this section shall also be liable to the City for the cost of repair of any damage caused by the hanging, presence or removal of any commercial advertising matter distributed in violation of this section and for any and all claims arising out of the hanging, presence or removal of any commercial advertising matter distributed in violation of this section, including any claims relating to commercial advertising matter, or the structures upon which the commercial advertising matter is hung, falling on people or property.
(Prior code § 36-30; Amend Coun. J. 7-31-96, p. 26982; Amend Coun. J. 12-4-02, p. 99931, § 7.1; Amend Coun. J. 6-8-05, p. 49253, § 1; Amend Coun. J. 2-7-07, p. 98140, § 1; Amend Coun. J. 3-13-19, p. 96533, § 4)
(a) Any person who distributes or causes others to distribute, as defined in subsection (d) of this section, any commercial advertising matter, as defined in Section 10-8-320(a), on the public way or other public place or on the premises of any private property in the City shall: (1) prior to distributing such commercial advertising matter, place on such commercial advertising matter, in a manner and size that is clear and legible, the business’s license number provided, however, that this requirement shall apply only to those businesses which are required by law to obtain a license under this Code; and (2) provide each person hired or requested to distribute commercial advertising matter on behalf of such business with: (i) a summary or copy of Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320, and (ii) training on how to comply with those sections; and (3) require each person hired or requested to distribute commercial advertising matter to comply with Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320.
(b) In addition to any other penalty provided by law, 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.
(c) The Commissioner of Business Affairs and Consumer Protection ("BACP Commissioner") is authorized to suspend or revoke, in accordance with Section 4-4-280 or other applicable license suspension or revocation procedures, any license issued under Titles 4 or 9 of this Code for violations of this section, or of Sections 10-8-270, 10-8-271, 10-8-310, or 10-8-320, or of any rule promulgated thereunder, if: (1) the licensee is found liable for three or more such violations, in any combination, within a 12-month period, or (2) the Commissioner of Streets and Sanitation recommends license suspension or revocation to the BACP Commissioner for one or more such violations deemed egregious by the Commissioner of Streets and Sanitation.
(d) When used in this section or in Sections 10-8-270, 10-8-271, 10-8-310, and 10-8-320, the term "distribute or cause others to distribute" shall refer exclusively to the actions of the person, business or entity: (1) whose goods, services or activities are promoted by the commercial advertising matter, or who is in the business of distributing the commercial advertising matter described in those sections; and (2) who initiated or directed the distribution. The term "distribute or cause others to distribute" shall not refer to the actions of any person who is hired or requested to distribute commercial advertising matter but who has no ownership or managerial interest in the business or entity whose goods, services or activities are being promoted by the commercial advertising matter or in the business distributing the commercial advertising matter on behalf of such business or entity.
(Added Coun. J. 2-7-07, p. 98140, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 3-13-19, p. 96533, § 5)
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