(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature which:
(a) Advertises for sale any merchandise, product, commodity, or thing;
(b) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales;
(c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply when an admission is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of public peace, safety, and good order, provided that nothing contained in this clause shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a permit, where such permit is or may be required by any law of this state, or under this code or any other ordinance of this city; or
(d) While containing reading matter other than advertising matter is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.
NEWSPAPER. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the U.S. Postal Service in accordance with federal law or regulation and any newspaper filed or recorded with any recording officer as provided by law and any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise produced original or copies of any matter or literature not included in the definition of a commercial handbill or a newspaper.
PRIVATE PREMISES. Any dwelling, house, building, or other structure designed or used either wholly or in part for private purposes, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
(B) No person shall distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill upon any 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,” “no unsolicited newspapers,” or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left upon such premises.
(C) No person shall distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or any other person then present in or upon such private premises; provided, that in case of inhabited private premises which are not posted as provided in this chapter, such licensed or other person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mail boxes may not be so used when so prohibited by federal postal laws or regulations.
(D) No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant in any of the following circumstances:
(1) Where it is apparent that such 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) Any business or mercantile or commercial establishment whose commercial handbills are in violation of this section shall be prima facie responsible for such violation and subject to penalty therefor.
(Prior Code, § 110.028) Penalty, see § 110.999