§ 54-1. Handbills.

(a)

For the purposes of this section, "handbill" shall mean any handbill, dodger, commercial advertising circular, folder, booklet, letter, card, pamphlet, sheet, poster, sign, sticker, banner, notice or other written, printed or painted matter calculated to attract the attention of the public.

(b)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any private premises, if requested by anyone thereon not to do so. Such request may be in the form of a sign placed on such premises in a conspicuous manner near the entrance thereof bearing any of the following phrases: "No Trespassing", "No Peddlers Or Agents", "No Advertisements", "No Handbills", or any written or oral similar notice, indicating in any manner that the occupants of such premises do not desire to have their right of privacy disturbed, or to have any such handbills left upon such premises.

(c)

No person shall throw, deposit, or distribute any handbill in or upon private premises unless:

(1)

Any such handbill is wrapped, bound or secured in such a manner as to prevent it from being carried or deposited by the elements upon public or private property; and

(2)

Any such handbill is placed at any of the following locations or in any of the following manners:

a.

Anywhere on the private premises with the express consent of the owner or occupant;

b.

Securely fastened or weighted and left on the front door step;

c.

Hung or placed on the front door knob or handle;

d.

Hung on a hook placed for the purpose of receiving handbills;

e.

Placed in a secondary mailbox or other reception device intended for handbills and not the primary mailbox intended for U.S. Mail; or

f.

Pursuant to the provisions of chapter 14, article VI, Peddlers, Solicitors, Itinerant Vendors and Donation Seekers of the City Code.

(d)

It shall be unlawful for any person to post, fasten, erect or display, or cause to be posted, fastened, erected or displayed, any handbill on any public structure, tree, pole, curb or elsewhere within the right-of-way of any public street, or upon any public property within the city without the express permission of the city council.

(e)

When any handbill is posted, fastened, erected or displayed in violation of subsections (b)—(d) of this section, it shall be prima facie evidence that such unlawful posting, fastening, erecting or displaying was caused by the business, commercial activity or person identified thereon. Said business, commercial activity or person may rebut the foregoing presumption by the presentation of competent evidence that it, he or she did not cause or direct that the handbill be posted, fastened, erected or displayed. Each day that such handbill remains posted, fastened, erected or displayed shall constitute a separate violation.

(Code 1987, §§ 13-1, 13-2; Ord. No. 2004-17, § 1, 11-16-04)