(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Citation officer. A person authorized by state law or local ordinance to issue a citation for a violation of this section.
(2) Front door. 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 this section.
(3) Porch. An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.
(4) Premises. A lot, plot, or parcel of land including any structures, driveways, or other impervious surfaces thereon.
(5) Principal structure. 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. 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) Placement of unsolicited written materials. Unsolicited written materials delivered to premises shall be placed:
(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, as permitted by the United States Postal Service Domestic Mail Manual, Section 508 Recipient Services, Subsection 3.1.2; or
(4) Between the exterior front door, if one exists and is unlocked, and the interior front door; or
(5) Where permitted, in a distribution box located on or adjacent to the premises; or
(6) Personally with the owner, occupant, and/or lessee of the premises.
(c) Notwithstanding subsection (b) above, an owner, lessee, or occupant maintains the right to restrict entry to his or her premises.
(d) Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed, or conveyed in such materials.
(e) The provisions of this section do not apply to the United States Postal Service.
(f) Any placement of unsolicited written materials in areas on or adjacent to a premises other than as set forth in subsection (b) of this section shall be a violation of this section, classified as a civil offense, and may be enforced by issuance of a civil citation by a citation officer, consistent with chapter 2B of the Code, or as it may be amended.
(g) Civil penalty. The civil penalty for each violation of this section shall be a maximum of two hundred dollars ($200.00) per violation.
(h) Code enforcement board. The administrative hearing board established in section 12-6 of the Code of Ordinances shall be the code enforcement board having authority to determine whether there has been a violation of this section. Administrative review of citations shall adhere to those procedures set forth in chapter 2B of the Code through the use of assigned hearing officer(s).
(i) Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, that invalidation shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.
(Ord. No. 25-2017 , § 2, 3-2-17)