Political pamphlets, newspapers, and other items that can be construed as coming under the purview of the First Amendment of the Constitution of the United States shall likewise not be deposited, left, or thrown upon any public highway, street, or sidewalk in the city. This does not prohibit the handing out of the pamphlet, newspaper or other item to persons who wish to accept them and is not intended to limit such distribution, but is only intended to prohibit the littering of public areas within the city. In this regard, any person who does so litter the public highway, streets, or sidewalks within the city with printed material which comes within the purview of the First Amendment of the Constitution of the United States shall be given warning, either in writing or orally, the first time that the littering is noted. Upon the second occasion when the Constitutionally protected literature is left upon the public highway, streets, or sidewalks in such a manner that it constitutes litter, the person creating the offense shall be guilty of a misdemeanor and punished as such.
(Ord. 301 § 3, 1977).