(A) Definitions. For the purpose of this section, the following terms shall be construed as herein set forth:
COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature:
(a) Which advertises for sale any merchandise, product, commodity or thing;
(b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
(c) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which a commission fee is charged for the purpose of private gain or profit.
NONCOMMERCIAL HANDBILL. Printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforementioned definitions of a commercial handbill.
PRIVATE PROPERTY OR PRIVATE PLACE. All property not included in the definition of “public property” herein, including, but not limited to, vacant land or to any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yards, grounds, walks, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto.
PUBLIC PROPERTY or PUBLIC PLACE. All property owned, operated or controlled by any governmental agency including, but not limited to, streets, sidewalks, parks, playgrounds, parking lots, schools, libraries, post office, municipal transport facilities and other public lands and buildings.
(B) Restrictions. It is unlawful for any person to stick, paint or post any handbill, poster or placard of any description upon any private property within the town without the permission of the owner of or occupant of the property, or for any person to stick, paint or post any handbill, poster or placard upon any post, pole or other premises located upon the public buildings, streets, alleys or sidewalks of the town without the permission of the Town Council.
(C) Distribution regulated. No person shall throw, distribute, deposit or place any commercial or noncommercial handbill in or upon any sidewalk, street, public building or structure, public park, school building or ground, alley, utility pole, lamppost, hydrant, bridge, tree or any other public place within the town. However the provisions of this subsection (C) shall not be deemed to prohibit the personal delivery of such matter to persons who are willing to accept the same. Nor shall the provisions of this subsection (C) be deemed to prohibit the posting of handbills on town kiosks which have been provided for such purpose or on any other structures specifically designated by the town for such purpose.
(D) Placement in or on vehicles. No person shall throw or deposit any commercial or noncommercial 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 commercial or noncommercial handbill to the occupant of any vehicle who is willing to accept it.
(E) Placement on private property. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private property or place if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words “no advertising”, “no trespassing” or any similar notice indicating in any manner that the occupant of said premises does not desire to be molested or to have their right of privacy disturbed or have any such handbills left upon such premises. Such sign shall not exceed six square inches in size and shall be in accordance with Title 11 of this code.
(F) Placement in or on inhabited premises; exceptions.
(1) No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private property or place which is inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person present or upon such private premises. However, in case of inhabited private premises which are not posted as provided in this section, such person, unless requested by anyone upon the 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 sidewalks, or streets or other public places and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(2) The provisions of this subsection (F) shall not apply to:
(a) The distribution of mail by the United States nor 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; and
(b) Official citations and court processes, parking tickets, stop work orders or any other official documents issued by the town.
(G) Littering prohibited. Any distribution, circulation or delivery or commercial or noncommercial handbills by means other than as specified in this section shall be deemed littering and is hereby made unlawful.
(Ord. 8(1983) §§ 1–6; Ord. 17(1966) Art. 5 § 3)