(a) Public Property. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Municipality. No person shall hand out, distribute or sell any commercial handbill in any public place. However, on any sidewalk, street or other public place within the Municipality, any person may hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(b) Placement on Motor Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, in any public place, a 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.
(c) Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon private premises which are temporarily or continuously uninhabited or vacant.
(d) Prohibited Distribution on Private Property. 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 such 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 manner, that the occupants of such premises do not desire to be molested, to have their right of privacy disturbed or to have any such handbills left upon such premises. However, such person may hand or transmit such handbill directly to the owner, occupant or other person then present in or upon such private premises unless doing so otherwise violates the posted restriction on such private premises.
(e) Manner of Distribution on Private Property. In the case of inhabited private premises that are not posted as provided in division (d) of this section, any person, 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 the sidewalks, streets or other public places, except that mailboxes may not be so used when prohibited by Federal postal laws or regulations. This division does not apply to the distribution of mail by the United States or 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.
(f) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense. For each additional offense within twelve months of the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1104. Passed 8-3-87.)