(A) Throwing or distributing handbills in public places. No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place within the town, or hand out or distribute or sell any commercial handbill in any public place; provided, that any person may hand out or distribute or sell to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(B) Placing commercial and noncommercial handbills on vehicle.
(1) No person shall throw or deposit any commercial or noncommercial handbill in or on any vehicle.
(2) This division (B) shall not prohibit any person in any public place from handing out or distributing, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(C) Distributing handbills on streets, highways and intersections.
(1) No person shall, in the course of distributing noncommercial handbills to occupants of vehicles temporarily stopped on town streets, highways or intersections, distribute handbills if such actions:
(a) Obstruct any public street, highway or intersection by hindering, impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
(b) Create or cause to be created a danger of breach of the peace; or
(c) Create or cause to be created any danger to the life and safety of pedestrians or occupants of vehicles engaged in lawful passage on any street, highway or intersection.
(2) Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any handbill distributor on a street, highway or intersection is causing any of the conditions enumerated in division (C)(1) above, he or she may, if he or she deems it necessary for the preservation of the public peace and safety, order the person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this division.
(D) Depositing commercial and noncommercial handbills on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant:
(1) Where it is apparent that the property is unoccupied;
(2) Where it is apparent that a previous day’s distribution of handbills has not been removed; or
(3) Where the owner has not given his or her permission to do so.
(E) Distribution of commercial and noncommercial handbills at inhabited private premises.
(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises.
(2) Any person may place or deposit any noncommercial handbill in or on inhabited private premises which are not posted, as provided in division (F) below, unless requested by anyone on such premises not to do so, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(3) This division (E) shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements on any street, sidewalk or other public place or on private property.
(F) Distributing handbills prohibited where premises properly posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill on private premises, if requested by anyone thereon not to do so, or if there is placed on such 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 such handbills left on such premises.
(G) Handbill distributor for hire. No person shall engage in the business of a handbill distributor for hire, without first complying with the provisions of this subchapter and all other relevant laws and regulations.
(H) Exception. Nothing contained in this subchapter shall apply to any person advertising his or her business or activity on his or her own premises, if such business or activity is regularly established at a definite location in the town, and if a license has been obtained therefor, if a license is required under the terms of any applicable law or ordinance.
(I) Application for commercial distributor’s license; contents.
(1) Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire, shall make application to and receive from the Clerk-Treasurer, a distributor’s license. Such applicant shall make written application to the Clerk-Treasurer on forms provided for such purpose by the Clerk-Treasurer.
(2) The forms shall contain, among other things that may be required, the name, the business address and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which the applicant seeks to engage in such business.
(J) License fees. License fees for a commercial distributor’s license shall be $500.
(K) Transferability of commercial distributor’s license. No license issued under this subchapter shall be transferable to any other person.
(L) Refund of license fees. If any commercial distributor’s license is surrendered by the licensee or is revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of part of the license fee.
(M) Revocation of commercial distributor license. The Police Chief may revoke any license obtained under this subchapter, following the procedures set forth in I.C. 36-4-5-5.
(N) Exemptions from division. The provisions of this section shall not be deemed to apply to distribution of mail by the United States nor to newspapers.
(O) Commercial handbills; names of printer and distributor required. All commercial handbills which are distributed, deposited, scattered, handed out or circulated in any place or under any circumstances shall have printed on the corner, front or back thereof, the following information:
(1) The name and address of the person who printed, wrote, compiled or manufactured such handbill; and
(2) The name and address of the person who caused such handbill to be distributed.
(Ord. 07-02, passed 5-7-2007) Penalty, see § 112.99