(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)