(a) The definitions in this section apply throughout this Article.
ELEMENTS means any force, whether created by nature or created by man, which with reasonable forseeability could carry litter from one place to another. "Elements" shall include, but not be limited to, air current, rain, water current and animals.
HANDBILL means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by United States mail, including but not limited to material that:
(1) advertises for sale any merchandise, product, commodity, or thing: or
(2) directs attention to any business, mercantile, commercial establishment, or other activity, for the purpose of directly or indirectly promoting the interest of that activity by sales or by other mean; or
(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; or
(4) while containing reading or pictorial matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes, or for the private benefit of any person engaged as an advertiser or distributor.
PRIVATE PREMISES means any dwelling, house, building or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited, temporarily or continuously uninhabited, or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox, or other structure belonging or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACE means any and all streets, sidewalks, boulevards, alleys or other public ways, lakes, rivers, watercourses, fountains, and any and all parks, squares, spaces, grounds, and buildings frequented by the general public, whether publicly or privately owned.
VEHICLE means any device in, upon, or by which any person or property is or may be transported or drawn upon any highway, road, street, waterway, or other public thoroughfare. This term includes such devices as an automobile, truck, other motor vehicle, bicycle, tricycle, motorcycle, moped, animal-drawn wagon, cart, or buggy.(Ord. No. 91-13, § 2, 5-8-91)
(b) No person shall throw, deposit, or unlawfully sell any handbill in or upon any public place. However, it shall not be unlawful for any person to disburse or distribute, without charge to the receiver, any handbill in any public place to any person willing to accept the handbill. (Ord. No. 91-13, § 3, 5-8-91)
(c) No person shall place any handbill in or upon private premises if requested by anyone on the premises not to do so, or if there is placed on the premises in a conspicuous position near any entrance a sign indicating that the occupants of the premises do not desire to have any handbills left upon the premises. (Ord. No. 91-13, § 4, 5-8-91)
(d) In the case of private premises upon which it is permitted to place a handbill or similar material, any person shall place or deposit any handbill in or upon the private premises in such a manner as to prevent the handbill from being carried by the elements about the premises or elsewhere. Mailboxes may not be used when prohibited by federal postal law or regulations. (Ord. No. 91-13, § 5, 5-8-91)
(e) No person shall deposit any handbill in or upon any vehicle unless the occupant of the vehicle, then present, is willing to accept it. (Ord. No. 91-13, § 6, 5-8-91)
(f) The provisions of this article shall not apply to the distribution of newspapers or political material, except that newspapers and political material shall be placed in such a manner as to prevent their being carried or deposited by the elements upon any public place or private premises. (Ord. No. 91-13, § 7, 5-8-91)
(g) It shall be the responsibility of any persons distributing handbills or causing handbills to be distributed to maintain the area which they are utilizing free of any litter caused by or related to the handbill distribution. (Ord. No. 91-13, § 8, 5-8-91)
(h) Any person, firm, or corporation violating the provisions of this article or causing a person to violate the provisions of this article shall be guilty of an offense and subject to the penalty prescribed herein. (Ord. No. 91-13, § 9, 5-8-91)
(i) All distributors of handbills or other matter distributed shall stamp or print or affix the name, address and telephone number of the person, firm or corporation distributing the handbill.
(Ord. No. 91-13, § 10, 5-8-91)