541.11   UNSOLICITED WRITTEN MATERIALS.
   (a)   As used in the section:
      (1)   “Front door” means the street-facing entrance(s) to a principal structure. In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of the section.
      (2)   “Person” means any person, firm, corporation, association, club, society or other organization.
      (3)   “Porch” means an exterior appendage to a principal structure leading to a doorway including any stairway attached thereto.
      (4)   “Premises” means a lot, plot or parcel of land including any structures, driveways or other impervious surfaces thereon.
      (5)   “Principal structure” means a structure, or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises.
      (6)   “Unsolicited written materials” means any written materials delivered to any premises without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.
   (b)   No person shall deliver, place, or distribute unsolicited written materials to any premises other than in the following locations and manners:
      (1)   On a porch, if one exists, nearest the front door; or
      (2)   So that such materials are securely attached to the front door; or
      (3)   Through a mail slot on the front door or principal structure, if one exists, and permitted by the United States Postal Service Domestic Mail Manual, Section 508 Recipient Services, Subsection 3.1.2; or
      (4)   Where permitted, in a distribution box located on or adjacent to the premises; or
      (5)   Securely attached to a hook or within some other receptacle used for the delivery of non-U.S. Mail packages or materials, attached to the mailbox post for the premises, if it exists; or
      (6)   Personally to the owner, occupant, and/or lessee of the premises.
      (7)   When there is no accumulation of previously delivered unsolicited written materials.
   (c)   Notwithstanding subsection (b) herein, an owner, lessee, or occupant maintains the right to restrict entry to his or her premises.
   (d)   Organizational Liability. Pursuant to Section 501.11 (a)(2) of the City Code, it is the intent to impose organizational liability for violation of this section committed by an officer, agent, or employee of a business or organization while action on behalf of the business or organization and within the scope of the officer's, employee's or agent's office of employment.
   (e)   Unsolicited written materials placed at a premises creates a rebuttable presumption that the materials were placed at the premises by the owner, officer, agent, or employee of the business, product, good service or message which is being advertized, promoted, endorsed, or conveyed in such materials. Where the materials are delivered as a package and relate to multiple businesses, products, goods, services, or messages, the presumption shall apply to the identified distributor of the package of materials, if any.
   (f)   The provisions of this section do not apply to the United States Postal Service.
   (g)   Violations of the section shall be an unclassified misdemeanor punishable by the fine of two-hundred fifty dollars ($250.00) per violation.
(Ord. C04-19.  Passed 2-4-19.)