521.13 UNSOLICITED WRITTEN MATERIALS.
   (a)   Definitions.
      (1)   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 the front door for purposes of this section.
      (2)   Porch. An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.
      (3)    Premises. A lot, plot or parcel of real estate including any structures, driveways or other impervious surfaces thereon.
      (4)    Principal structure. A structure or combination of structures of primary importance on the premises and that contains the primary use associated with the premises.
      (5)    Unsolicited written materials. Any written materials which are delivered to any premises without the express invitation or permission, in writing or otherwise, by the owner, occupant or lessee of such premises.
   (b)   Unsolicited written materials delivered to a premises shall be placed in one of the following manners:
      (1)   Where permitted, in a distribution box located on or adjacent to the premises; or
      (2)   On a porch, if one exists, nearest the front door of the premises; or
      (3)   So such materials are securely attached to the front door of the premises; or
      (4)   Through a mail slot on the front door of the premises as permitted by the United States Postal Service Mail Manual; or
      (5)   Between the exterior front door, if existent and unlocked, and the interior front door of the premises; or
      (6)   Personally to the owner, occupant and/or lessee of the premises.
   (c)   Notwithstanding any provision of this section, an owner, occupant and/or lessee of the premises maintains the right to restrict entry onto his or her premises.
   
   (d)   The provisions of this section do not apply to the United States Postal Service.
   (e)   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.
   (f)   Any placement of unsolicited written materials in areas on or adjacent to a premises other than as set forth in subsection (b) above shall be guilty of a minor misdemeanor for each such violation on a first offense; on each subsequent offense such person or entity is guilty of a misdemeanor of the fourth degree.
(Ord. 2013-59. Passed 12-9-13.)