§ 112.03 RESPONSIBILITY OF PUBLISHER.
   (A)   Unsolicited publication.
      (1)   The Publisher of the publications or materials must provide reasonable methods, including but not limited to telephonic means, e-mail means and regular mail means, to allow owners and/or occupants of premises located within the City to communicate to the Publisher that they do not wish to receive the unsolicited publications or materials issued by the Publisher.
      (2)   Notice of all such methods for the “do not deliver” request(s) shall be regularly included in, on or with the unsolicited publications issued by the Publisher, printed in at least 12 point boldface type that includes the following: “If you no longer wish to receive this publication,” and then provide the methods, as required above, to allow owners and/or occupants of premises located with the City to communicate to the Publisher that they do not wish to receive the unsolicited publications or materials issued by the Publisher.
      (3)   The Publisher must implement a process or system so that the address of any person making a request for no delivery pursuant to division (A)(2) above is, within 10 business days of its receipt, communicated to any and all distributors responsible for distributing the unsolicited publications or materials issued by the Publisher.
      (4)   The Publisher shall communicate, within 10 business days of their receipt, the addresses of all persons making “do not deliver” requests to all distributors pursuant to the process or system implemented pursuant to division (A)(2).
      (5)   The Publisher shall implement and communicate to the person requesting that the publication or materials not be delivered or affixed to the property a means of tracking requests for no delivery made pursuant to division (A)(2) above, including by way of example the assignment of a tracking number or some other reference system so as to allow all persons making such requests to reference same in the event there is the need for follow-up, further communication or complaint.
      (6)   The Publisher shall implement and utilize a process or system to timely follow up with all distributors to ensure compliance with requests made pursuant to division (A)(2) above.
      (7)   The requirements set forth in divisions (A)(1) through (A)(6) above shall not apply to requests made by residents for temporary cessation of delivery of publications or materials.
   (B)   Any distributor delivering unsolicited publications within the City shall:
      (1)   Not distribute to any address where the owner or occupant has made a request for no delivery pursuant to division (A)(2) above;
      (2)   Implement and utilize a system or procedure for tracking and executing a Publisher’s direction regarding “no delivery” requests;
      (3)   Upon written request from the City, provide the City with facts, information and details related to complaints received by the City from an owner or other property representative regarding the delivery of an unsolicited publication or other materials following a no delivery request; and
      (4)   The requirements set forth in this division (B) shall not apply to requests made by an owner or other property representative for temporary cessation of delivery of publications or materials.
(Ord. O-2022-15, passed 9-21-22)