(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HANDBILL. An item of printed materials on paper or plastic medium typically one page, single- or double-sided, which may be unfolded or folded.
LITERATURE. Multi-page bounded or unbounded printed or reproduced written materials of any kind, including but not limited to pamphlets, telephone directories, books, magazines, newspapers, handbills, circular's, dodgers, announcements, or any other paper literature on any medium or material.
PERSON. Any individual, firm, partnership, joint venture, association, social club, league, fraternal organization, corporation, limited liability company, limited liability partnership, estate, trust, business trust, receiver, trustee, syndicate or any other group acting as a unit. The word PERSON shall include the definition of corporation.
UNSOLICITED. Handbills or literature for which the recipient has not requested, given permission or has refused to receive.
UNSUBSCRIBED. Handbills or literature for which the recipient does not have a paying subscription or other agreement to receive.
(B) Methods of distribution. Any literature or handbills which may be distributed in the city, pursuant to law, shall be done only in the manner described in the following:
(1) Placed in the hand of the intended recipient;
(2) Bound, folded, boxed or weighted in such a manner that the material cannot be blown away, scattered, or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or
(3) Deposited on the premises for which it is intended by being tied to, affixed, slipped over a doorknob or other protrusion, or placed through a slot or opening in a front entry door or within a receptacle for such items located upon the property, or placed on the front porch next to the front entry door; provided, however, the item being distributed first shall have been rolled up and secured with a rubber band or in some other manner so as to prevent the materials from being blown away, scattered, or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic. As used in this section, RECEPTACLE means a container made of a stiff material containing the words "For Papers," or similar words.
(C) Littering forbidden and declared a nuisance. It shall be unlawful and a nuisance for any person to throw, cast or scatter any handbill, literature, printed or written material of any type into the yard or on the grounds or on the doorstep, porch or vestibule of any residence, apartment or dwelling unit, or upon any vacant lot or any other private property within the city, except as provided in this chapter. This provision shall not affect violations for littering asserted or charged under other chapters of the municipal code, state or federal law.
(D) Distribution of unsubscribed or unsolicited handbills or literature to unwilling recipients. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away, or circulate any unsolicited or unsubscribed handbills or literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant, or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive any handbills or literature of any kind, as provided in this chapter.
(E) Notice to distributors of unsolicited or unsubscribed handbills or literature to unwilling recipients. The notice referred to in this section may be given to a distributor or disseminator of printed or written handbills or literature by an owner, occupant, or resident of property by one or more of the following methods:
(1) By posting on the property or near the front door or main entrance thereof a sign at least sixteen square inches in surface area stating, in effect, "No Handbills," "No Unsubscribed or Unsolicited Written Materials or Literature," or words of similar meaning describing a clear desire not to receive handbills or literature at the property;
(2) By written or electronic communication to the distributor or disseminator of such handbills or literature at the address or email address provided by the distributor;
(3) By filing a refusal of consent with the City Clerk, who shall post the refusal on the city website; and/or
(4) By refusing to receive consecutive prior or identical publications of handbills or literature in such a manner that continued distribution would lead to unsightly or unsanitary accumulation, degradation, or decomposition of handbills or literature.
(F) Noncompliance with refusal of consent filed with City Clerk.
(1) It is unlawful for any person to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away, or circulate any handbill or literature, for which no charge is made to the recipient thereof, or any substance, at any place on the grounds, yards, lawns, driveways, steps, porches, or in front of, or upon the front entry door, or door knob, of any single-family residential building, or of any residential building having more than one dwelling unit, or in any entry or hallway or on any stairs, or at or upon the front entry door, or door knob, of any dwelling unit, in any such multiple-unit residential building, in the city, at any time there is on file in the office of the City Manager, an affidavit or a declaration under the penalty of perjury that the person subscribing the same is an owner, manager or occupant of such building or dwelling unit described therein and stating that such person refuses consent for any of said items to be left at the place so described, where the owner, manager or occupant of such building or dwelling unit has posted a sign as provided herein or where the owner, manager or occupant has notified the distributor or disseminator as provided in the division above.
(2) Such an affidavit or declaration may be filed with the City Manager without charge at any time and upon the filing thereof the same shall be open to inspection by the public, with the addresses of those refusing consent posted on the city website and available at the Administration at all times. Refusals of consent filed with the City Clerk shall become effective 60 days after such filing, so as to provide reasonable opportunity for distributors and disseminators to respond to additions and deletions to the refusal of consent registry on the city website or at City Hall.
(3) Refusals of consent may be revoked by filing with the City Clerk a written statement signed by the owner, manager or occupant or by an affidavit or declaration under the penalty of perjury that such person is no longer an owner, manager, or occupant of the building or dwelling unit described therein. Such revocation may be filed with the City Clerk at any time without charge and shall be effective upon such filing. Any such refusal of consent filed with the signature of an owner or manager of, and any such revocation pertaining to, such a multiple-unit residential building shall not apply to the front entry door of any dwelling unit in such a building.
(4) Any such refusal of consent filed with the signature of an owner or occupant of, and any such revocation pertaining to, a dwelling unit in such a building shall apply only to the dwelling unit owned or occupied by such person or to which such revocation pertains. No such refusal of consent shall be effective after the person who signed it has ceased to be an owner, manager or occupant of the premises described in such refusal of consent.
(5) No person shall leave any such item at any such place in the city, unless such person has first examined all refusals of consent filed with the City Clerk. Refusals of consent shall be valid for five years without limit on the number of refusals of consent that may be requested for each residence, apartment or dwelling unit.
(G) Exemptions. The foregoing provisions of this chapter shall not apply to the following:
(1) Mail deliveries by the United States Postal Service;
(2) Deliveries by private postal or package delivery services;
(3) Literature delivered by federal, state or local governmental agencies;
(4) Notice of any lien, foreclosure, or sale of the real property on which such notice is placed;
(5) Legally authorized notice or process;
(6) Literature delivered no more frequently than one time per calendar year by any person;
(7) Literature or handbills delivered by a person on behalf of a nonprofit organization, a registered campaign committee, a federal, state or local candidate or a state or local initiative or referendum, provided said delivery complies with the provisions this section; and
(8) The distribution or delivery of any subscription literature, newspaper, magazine, pamphlet, handbill or other paper to any person pursuant to his or her oral or written order or consent has been provided, or to any hotel, inn, motel or other such public accommodations, provided said delivery complies with the provisions herein.
(H) Presumptions, removal and costs required.
(1) Handbills and literature distributed in violation of this chapter are subject to summary removal by the owner of the properly upon which the handbill or literature is placed or affixed, or by the City Manager or his or her designee. The costs of removal may be assessed in accordance with law or as provided in the municipal code against the person responsible for the violation. It shall be a rebuttable presumption that any person whose information is displayed on the handbill or literature is the partly responsible for the dissemination or distribution.
(2) Distribution of literature or handbills requested by the owner or occupant of the properly and undertaken in the ordinary course of business, including but not limited to deliveries of utility notices, telephone directory deliveries, regular newspaper deliveries, work order notices and service inquiries, are presumed to be requested or invited for the purpose of this section, but must comply with the requirements of this section.
(3) It shall be a rebuttable presumption that a person distributing or disseminating literature or handbills has received actual notice of a refusal of consent where an owner, occupant, or resident of properly appears on the refusal of consent registry or has provided notice as provided in this section.
(I) Penalty. Any violation of this chapter may be prosecuted as an infraction subject to an administrative proceeding and a penalty of $100 per day per occurrence.
(Ord. 6-2021, passed 5-26-21)