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A. Definition: "Commercial handbill" shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature the primary goal of which is for profit or financial gain.
B. Distribution In Public Place: No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the city. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. It shall be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute any noncommercial handbill to any person not willing to accept it.
C. Depositing In Or Upon Vehicles: No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle in a public place. It is unlawful in any public place for a person to hand out or distribute a noncommercial handbill to any occupant of a vehicle who is not willing to accept it. However, it shall not be unlawful for business owners to place handbills upon employee vehicles requesting employees to refrain from parking in areas reserved for customer parking.
D. Vacant Private Premises: No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises that are temporarily or continuously uninhabited or vacant.
E. Disturbing Right Of Privacy: 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", or "no advertising", "no soliciting" or any similar notice, indicating in any manner that the occupants of the premises do not desire to have their right of privacy disturbed, or to have any such handbills left upon such premises.
F. Inhabited Private Premises:
1. 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 the handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, however, that in cases of inhabited private premises which are not posted, as provided in this section, such persons, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places.
2. Mailboxes may not be so used when so prohibited by federal postal law or regulations. This provision 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.
G. Posting Notices On Poles, Trees Or Structures: No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, or shade tree, or upon any public structure or building, except as may be authorized or required by law. (Ord. 869, 9-10-2001)