It shall be deemed littering for any person or persons to deliver to private property or to disseminate in a public place any handbill, newspaper, magazine, or other publication if any of the following should occur:
(A) If the publisher or publishing company has been advised by the occupant of the property that the occupant does not want delivery of the handbill, newspaper, magazine, or other publication and if the item to be delivered has any commercial purpose, whatsoever;
(B) If the handbill, newspaper, magazine, or other publication is thrown or placed upon the ground, street, sidewalk, or driveway upon or abutting property within the city without securing the approval of the owner or occupant of the property targeted for delivery;
(C) If the handbill, newspaper, magazine, or other publication is placed in a mailbox in violation of federal postal law or regulations;
(D) If the handbill, newspaper, magazine, or other publication is placed in a receptacle or attached to a post, mailbox post or stand, tree, or other stationary object when it is likely that the owner or occupant of the property targeted for delivery will not retrieve or collect the same. Such a situation may be temporary or long term. It shall be conclusive proof that it is likely that the owner or occupant of the property targeted for delivery will not retrieve or collect the delivered item when any of the following exists:
(1) The appropriate receptacle is filled and cannot reasonably be expected to hold the current delivery; or
(2) Previously delivered documents by the same publisher or publishing corporation or company remain posted from previous deliveries or are lying upon the street, ground, driveway, or sidewalk within 15 feet of the usual point of delivery.
(E) The person or persons guilty of littering under this section shall be any of the following:
(1) The person making the actual delivery of the handbill, newspaper, magazine, or other publication;
(2) In the event that the person making the actual delivery of the handbill, newspaper, magazine, or other publication is a minor, the person directly responsible for supervision of the minor making said delivery; or
(3) In the event that the publisher, publishing company, or publishing corporation shall have been notified by the owner or occupant of the property targeted for delivery that he or she does not want the handbill, newspaper, magazine, or other publication, the publisher, publishing company, or publishing corporation.
(2011 Code, § 8.28.050) Penalty, see § 91.999