(a) Definitions. As used in this section:
(1) “Commercial handbill” means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, paper, booklet or other printed or otherwise reproduced original or copy of any matter of literature which:
A. Advertises for sale any merchandise, product, commodity or thing;
B. Directs attention to any business, mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. 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. This section shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. However, nothing contained in this section shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such license is or may be required by any law of the state or under any ordinance of the city; or
D. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as an advertiser or distributor.
(2) “Newspaper” means any newspaper of general circulation, as defined by general law, any newspaper duly entered with the United States Postal Service in accordance with federal statues or regulations and any newspaper filed and recorded with any recording officer as provided by general law. In addition, “newspaper” means any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
(3) “Noncommercial handbill” means any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed or otherwise reproduced original or copy of any matter of literature not included in the definitions of commercial handbill or newspaper.
(4) “Private premises” means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(5) “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(6) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
(b) Public property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place in the city. No person shall hand out, distribute or sell any commercial handbill in any public place. However, on any sidewalk, street or other public place in the city, any person may hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(c) Motor vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, in any public place any person may hand out or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it.
(d) Vacant private property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
(e) Prohibitions. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on the premises, in a conspicuous position near the entrance thereof, a sign bearing the words: “No trespassing,” “No peddlers or agents,” “No advertisement” or any similar notice indicating in any matter that the occupants of the premises do not desire to be molested, have their right of privacy disturbed or have any handbills left upon the premises.
(f) Private property. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present in or upon the private premises.
(g) Exceptions. This section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
(Ord. 4990, passed 7-12-1963)
(h) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree and shall be subject to a fine not exceeding fifty dollars ($50.00) to an amount not exceeding two hundred dollars ($200.00).
(Ord. 98-47, passed 8-13-1998)