The distribution of handbills within the city shall be regulated in the following manner.
(A) Handbill defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any flyer, or any other printed or otherwise reproduced original or copies of any matter of literature.
(B) Throwing or distributing in public places. No person shall throw or deposit any handbill in or upon any sidewalk, parkway, gutter, street or other public place within the city. However, it shall not be unlawful on any sidewalk, street or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any handbill to any person willing to accept it.
(C) Placing on vehicles. No person shall throw or deposit any handbill in or upon any vehicle. However, it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a handbill to any occupant of a vehicle who is willing to accept it, nor shall it be unlawful to place a handbill on a vehicle in a manner as to prevent it being scattered or carried about by the elements.
(D) Depositing on uninhabited or vacant premises. No person shall throw or deposit any handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
(E) Distribution prohibited where properly posted. No person shall throw, deposit or distribute any 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,” “no advertisements,” or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any handbills left upon the premises.
(F) Distributing at inhabited premises.
(1) Generally. No person shall throw, deposit or distribute any handbill in or upon private premises which are inhabited except by handing or transmitting any handbill directly to the owner, occupant or other person then present in or upon private premises. However, for inhabited private premises which are not posted, as provided in this section, the person, unless requested by anyone upon the premises not to do so, may place or deposit any handbill in or upon an inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or sidewalks, streets, or other public places, except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(2) Exemptions. This section shall not apply to the distribution of mail by the United States, parcels delivered by licensed overnight carriers, political handbills or to newspapers of general circulation except that these exempted items shall be placed on private property in a manner as to prevent their being carried or deposited by the elements in an unbound condition upon any sidewalk, parkway, gutter, street or other public place or upon private property.
(1980 Code, § 21.411) (Ord. 9105, passed 7-16-2007) Penalty, see § 93.99