(A) Nothing contained in § 130.21 shall prevent distribution and delivery of any advertising sample, handbill, dodger, circular, booklet or other notice of commercial advertising by the holder of a special distribution permit issued by the City Manager.
(B) Upon application to the Department of Police Services, the City Manager shall issue such permit on application to any applicant who accepts and agrees to make such distribution and delivery in strict accordance with the following requirements:
(1) No distribution or delivery shall be effected between the hours of 5:00 p.m. of any day and 8:00 a.m. of the following day.
(2) The advertising matter shall either be delivered personally to a person on the premises or placed securely upon the premises in such a manner that such matter will not be blown from the premises of such person onto the private property of other persons or the streets or public places within the city.
(3) No such distribution or delivery shall be made upon any private premises if request not to do so is made by the owner or occupant thereof or if there is placed on such private premises in a conspicuous position near the entrance thereof a sign of not less than one inch in height bearing the words "No Trespassing," "No Advertising," "No Handbills" or "No Peddlers or Agents" or any similar notice indicating that the occupant of the premises does not desire to have any commercial advertising left upon such premises.
(4) The permittee shall supply at least one supervisor for every 15 persons or fractional part thereof actually involved in distribution and delivery within the city. The supervisor shall contact the City Manager's office once a day while operating in the city.
(5) All persons engaged in such distribution and delivery shall bear upon their person or upon their delivery pouches, in a manner and in a place clearly visible to the public, the name and telephone number of the permittee.
(6) Such distribution and delivery shall be made along fixed delivery routes by regular carriers who shall be residents of the city if practicable.
(7) The permittee shall provide the city currently with a description of each route and the identity of the carrier assigned thereto.
(8) Periodically, or upon the request of the City Manager, the permittee shall cause the occupants of each premises to which it delivers to be informed of the telephone number and address to which complaints or requests to stop deliveries may be made.
(9) The permittee shall obey all laws and regulations of the city, state and federal governments and shall procure any and all licenses required to be held by it by the city.
(10) The permittee shall pay a special permit fee in an amount set by City Council resolution, payable in advance.
(11) The City Manager may revoke any permit issued by him after reasonable notice and an opportunity to be heard to the permittee, upon finding that the permittee has not complied with any of the requirements of this section.
(12) Any denial of a permit by the City Manager under this section or the City Manager's revocation of any such permit may be appealed in writing to the City Council. The City Council shall give to the applicant reasonable notice and an opportunity to be heard with respect to such appeal. The decision of the City Council with respect to such appeal shall be final.
(C) Violation of this section shall be deemed an infraction.
('64 Code, § 15-6.1) (Ord 400, passed 4-20-71) Penalty, see § 10.97