CHAPTER 9:  ADVERTISING
ARTICLE I.  GENERAL PROVISIONS
   9-1.   Placards not to be affixed to private property without consent of owner
   9-2.   Distribution of commercial advertising matter in public places
   9-3.   Unlawful to throw commercial advertising matter into vehicle
   9-4.   Advertising matter to be personally delivered
ARTICLE II. BENCHES
   9-10.   Authority to place or replace bus benches
   9-11.   Owner to perform maintenance and repair
   9-12.   Disposal of bus benches not in compliance with deadline
   9-13.   Owner to be notified of bus benches deemed unclaimed property
   9-14.   License for outdoor advertising on bus benches
ARTICLE I.  GENERAL PROVISIONS
SEC. 9-1.  PLACARDS NOT TO BE AFFIXED TO PRIVATE PROPERTY WITHOUT CONSENT OF OWNER.
   No person shall post, stick, stamp, paint or otherwise affix, or cause same to be done by another, any notice, placard, bill, poster or advertisement to or upon any street, sidewalk, crosswalk, curbing, hydrant, tree, fence, enclosure, building, or telegraph, telephone or electrical lighting pole, without first obtaining the permission of the owner, agent or occupant thereof.
(`64 Code, Sec. 3-1)
SEC. 9-2.  DISTRIBUTION OF COMMERCIAL ADVERTISING MATTER IN PUBLIC PLACES.
   No person shall distribute or throw or cause to be distributed or thrown along or upon any public street, park or other public place of the city any commercial advertising matter.
(`64 Code, Sec. 3-2)
SEC. 9-3.  UNLAWFUL TO THROW COMMERCIAL ADVERTISING MATTER INTO VEHICLE.
   No person shall throw into any vehicle or to distribute to any occupant thereof any commercial advertising matter.
(`64 Code, Sec. 3-3)
SEC. 9-4.  ADVERTISING MATTER TO BE PERSONALLY DELIVERED.
   No person shall throw or deliver any commercial advertising matter in or onto any yard, building, store or vacant lot, unless the same is delivered personally to a person in such yard, building, store or lot.
(`64 Code, Sec. 3-4)
ARTICLE II.  BENCHES
SEC. 9-10.  AUTHORITY TO PLACE OR REPLACE BUS BENCHES.
   (A)   No person except the city manager shall place or replace in the city any bus bench.  For purposes of this article, a “bus bench” is a seat along any street for the accommodation of passers-by or persons awaiting transportation.
   (B)   Any person who owns one or more bus benches placed as of the effective date of this article shall remove all such benches.
      (1)   Bus benches that are not on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus benches shall be removed immediately.
      (2)   Bus benches that are on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus benches and that do not contain advertising that the bus bench owner is being paid to display shall be removed no later than March 30, 1997.
      (3)   Bus benches that are on the list of bus benches as to which the city license collector has issued a current business license for outdoor advertising on bus benches and that contain advertising that the bus bench owner is being paid to display, shall be removed no later than March 30, 1998.
      (4)   Bus benches that are on the list of bus benches as to which the city license collector issued a business license for outdoor advertising on bus benches for the period from July 1, 1994, through June 30, 1995, or any part thereof, shall be removed immediately when the license, or any renewal thereof, expires and is not renewed beginning on July 1 next succeeding the date of expiration.
(`64 Code, Sec. 3-47)  (Ord. No. 2361)
SEC. 9-11.  OWNER TO PERFORM MAINTENANCE AND REPAIR.
   The owner of bus benches placed as of the effective date of this article shall perform maintenance and repair as necessary to keep each bench in a clean and safe condition and to immediately remove any graffiti on benches.  If within ten days of the date that notice of noncompliance with this section is mailed to the owner, the owner does not comply with this section or remove the bench, the city manager may dispose of the bench as provided in section 9-12.
(`64 Code, Sec. 3-48)  (Ord. No. 2361)
SEC. 9-12.  DISPOSAL OF BUS BENCHES NOT IN COMPLIANCE WITH DEADLINE.
   Any bus bench that is not removed by the time set out in section 9-10 may be disposed of by the city manager as provided in section 9-13.
(`64 Code, Sec. 3-49)  (Ord. No. 2361)
SEC. 9-13.  OWNER TO BE NOTIFIED OF BUS BENCHES DEEMED UNCLAIMED PROPERTY.
   The city manager may deem any bus bench that is not maintained, repaired or removed as required by this article to be unclaimed property.  In such case, the city manager shall notify the owner by certified or registered mail that the bench is deemed to be unclaimed property and that if the owner does not claim and remove the bench within three months of the date of mailing the notice, the bench will be disposed of either by sale at public auction to the highest bidder or by retention and use by the city, which may thereafter destroy or dispose of the bench.  If a public auction is held, the city manager shall give notice of the sale at least five days before the time fixed for the sale by publication once in a newspaper of general circulation in the city.  If the bench remains unsold after being offered at public auction, the bench may be destroyed or otherwise disposed of by the city.
(`64 Code, Sec. 3-50)  (Ord. No. 2316)
SEC. 9-14.  LICENSE FOR OUTDOOR ADVERTISING ON BUS BENCHES.
   The license collector shall issue no business license for outdoor advertising on bus benches:
   (A)   To a business that did not hold such a city business license for the period from July 1, 1994, to June 30, 1995, or any part thereof.
   (B)   To a business that includes in its list of bus benches any bus bench at a location that was not included in the list of bus benches for which a business license was issued for the period from July 1, 1994, through June 30, 1995, or any part thereof.
   (C)   To a business that does not provide with its application for a business license a cash deposit, or a bond or letter of credit in a form satisfactory to the city attorney, conditioned on the applicant's maintaining, repairing and removing all benches as and within the time required by this article.  Such security shall be in the amount of $50 times the number of bus benches for which the business license is applied.  The city manager may draw on such security in the amount of $50 for each bus bench that is not maintained, repaired or removed within the time required by this article and shall use such amount to defray the costs of public auction or conversion of the bus bench to city use, as provided by section 9-13.  No part of amounts so drawn shall be refunded to the owner, whether or not such costs equal $50 per bench.  Requiring and drawing on such security are additional remedies to, and do not preclude, the remedies provided in section 9-13.  Such security shall remain in full force and effect, and in the case of a cash deposit, such deposit shall be retained by the license collector, for 90 days after the expiration of the license.
   (D)   For the period from July 1, 1997, to June 30, 1998, or any part thereof, to a business that has not removed all of its bus benches that, as of the effective date of this article, did not contain advertising that the business was being paid to display.
   (E)For the period from and after July 1, 1998, to any business.
(`64 Code, Sec. 3-51)  (Ord. No. 2361)