(a) Definitions. The following words, terms and phrases, when used in this Section, shall have the following meanings:
(1) Commercial circular means any flier, notice or poster intended to advertise, direct or attract the attention of the public to a business, intended to induce the purchase of goods, services, property or entertainment, or to promote business or employment opportunities.
(2) Fasten means to securely place a circular in such a manner as to prevent it from being moved or removed by the elements of weather.
(3) Noncommercial circular means any flier, notice or poster, including, but not limited to, circulars conveying a political, ideological or personal message, which is not intended to advertise, direct or attract the attention of the public to a business, not intended to induce the purchase of goods, services, property or entertainment and not intended to promote business or employment opportunities.
(4) Public property means any real property, pole, post, tree, barricade, bridge, fence, railing, utility box, curb, sidewalk, wall, bench, building or structure of any kind that is either publicly owned or located in the public right-of-way. (Ord. 453 § 2, 2024)
(5) Public right-of-way means the area between property boundaries that is owned by a government or quasi-governmental entity, dedicated to public use, or impressed with an easement for public use, which is primarily used for pedestrian or vehicular travel and is publicly maintained, in whole or in part, for such use, and includes, but is not limited to, the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, and any public way.
(b) Public property restrictions. It shall be unlawful for any person, firm or corporation to place on or in, fasten, affix or attach to public property, in any way, any commercial or noncommercial circular without the direct authorization of the property owner.
(c) Private property restrictions. It shall be unlawful for any person, firm or corporation to place on or in, fasten, affix, or attach to private property, including any motor vehicles and other personal property, in any way, any commercial or noncommercial circular, without the permission of the owner or occupants of such property. Permission to fasten such materials to the entrances of private residences shall be implied from the presence of an improved walkway connecting such residence directly to a public right-of-way unless:
(1) Access to such walkway is physically restricted by a fence, gate or other permanent structure; or
(2) A "No Trespassing" or "No Solicitation" sign or a sign prohibiting posting is posted at or near the entrance to such residence.
(d) Causing violation prohibited. It shall be unlawful for any person or entity to cause another person to violate the provisions of this Section. Any person whose business, interests or activities are advertised, furthered or promoted by any circular shall be presumed to have caused the violation. (Ord. 453 § 2, 2024)