(a) Definitions. For the purpose of this section the words and phrases used herein shall have the meanings respectively ascribed to them unless the context clearly indicates or requires a different meaning.
(1) “Affix” or “Post” shall mean to attach, by any means, but shall not include the temporary leaning of materials or the attachment to each other of temporarily leaning materials, provided that the materials leaning or attached to each other around lamp posts, public utility poles, and shade trees located in the public right-of-way are attended at all times by the person, or one designated by the person or one designated by that person who has leaned or attached to each other such leaning materials. Further, “Affix” or “Post” shall not include the temporary fastening of notices, posters, papers, handbills, cards, circulars or other printed materials to other such materials which are then temporarily placed around lamp posts, public utility poles and shade trees located in the public right-of-way such that the materials may be manually moved up and down the listed structures, provided that the temporarily fastened materials are attended at all times by the person who placed the materials upon the lamp post, public utility pole or shade tree, or by one designated by the person or one designated by that person.
(2) “Temporary” or “Temporarily” shall mean for a period not to exceed ten hours and with an interval between such ten-hour periods of at least eight hours.
(b) Except as otherwise provided in this section, no person shall post or affix, or solicit or procure another person to post or affix, any notice, poster, or other paper device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree in the City right-of-way, or upon any public structure or building, except as may be authorized or required by uniform law.
(c) For the purposes of this section, there shall be a rebuttable presumption that the person, owner, manager, distributor, producer, promoter, provider or responsible party of any business, product, service or event which is the subject of a notice, poster or other paper or device, calculated to attract the attention of the public, has violated this section by directly or indirectly causing the notice, poster or other paper or device, calculated to attract the attention of the public, to be affixed or posted within the right-of-way.
(Ord. 2003-7. Passed 7-14-03.)