For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLPOSTER. Includes any person engaging in the business for hire of posting, fastening, nailing, or otherwise affixing any written, painted, or printed matter of any kind, or other form or reproduction thereof (hereinafter called SIGN), containing a message or information of any kind whatsoever, to any outdoor billboard; or to or upon any bridge, fence, pole, post, sidewalk, or tree; or to or upon the exterior of any other structure. However, the terms of this definition shall not apply to nor include any sign mounted on, fastened to, or suspended from the outside of any building or other structure, in accordance with and authorized by any provisions of an ordinance or statute, either for any public convenience or use, or regulating the construction or use of so-called outdoor display signs, whether the display signs are illuminated or not.
COMMERCIAL HANDBILL. Includes 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 does the following.
(1) Advertises for sale any merchandise, product, commodity, or thing.
(2) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales.
(3) 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. However, the terms of this division (3) shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition, or event of any kind, when it is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order. Nothing contained in this division (3) shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where the license is or may be required by any law of this state, or under any ordinance of this city.
(4) Which, 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.
(5) It is not covered by the definition of
SIGN, under the definition of BILLPOSTER, above.
HANDBILL DISTRIBUTOR. Includes any person engaging or engaged in the business for hire or gain of distributing commercial or non-commercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
NEWSPAPER. Includes any newspaper of general circulation as defined by general law; any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation; and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
NONCOMMERCIAL HANDBILL. Includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definition of a SIGN under the definition of BILLPOSTER above, or a COMMERCIAL HANDBILL, or a NEWSPAPER.
PRIVATE PREMISES. Includes any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to the dwelling, house, building, or other structure.
PUBLIC PLACE. Includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds, and buildings.
('83 Code, § 110.02) (Ord. 0-5-79, passed 3-19-79)