§ 95.19. Distribution of handbills and newspapers.

(1)

It is unlawful for any person, either directly or indirectly, to deposit, place, throw, scatter or cast any handbill in or on any public thoroughfare, park, ground or other public place within the city. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to any person willing to accept the handbill. No person who distributes any handbill on a public sidewalk or in a public park shall neglect to remove any handbill which is distributed by that person or another person also distributing copies of the same handbill, which handbill is then thrown, cast or deposited on the ground by another person within one hundred (100) feet from the location of the particular distribution by said person.

(2)

No person, firm, organization, association, or business shall throw, deposit, or distribute or cause the throwing, depositing, or distribution of any commercial or noncommercial handbill or unsolicited newspaper upon any private premises if requested by anyone on such premises not to do so by at least one (1) written notice to the distributor, or if there is placed on such premises in a conspicuous position near the entrance thereof, a sign bearing the words. "No Advertisements," "No Unsolicited Newspapers," or any similar notice, indicating in any matter that the occupants of such premises do not desire to have their right of privacy disturbed or to have any such handbill or unsolicited newspaper left upon such premises. Governmental agencies, or those acting on behalf thereof, or on behalf of any public safety or utility organization in the performance of their official duties are exempt from the requirements of this section.

(3)

No person, firm, organization, association or business shall throw or deposit or cause the throwing or depositing of any commercial or noncommercial handbill or unsolicited newspaper in or upon any private premises which are inhabited, except by handing or transmitting any such handbill or unsolicited newspaper directly to the owner, occupant or other person then present in or upon such private property. In the case of inhabited private premises which are not posted as provided in section 95.19(2), however, such person, firm, organization, association, or business, unless requested by anyone upon such premises not to do so by at least one (1) written notice to the distributor, may place or deposit any such handbill or unsolicited newspaper in or upon such inhabited private premises, provided that such handbill or unsolicited newspaper shall be wrapped, bound or secured in such a manner as to prevent them from being carried or deposited by the elements upon public or private property and/or any such handbills or unsolicited newspapers are placed as follows:

(a)

Anywhere on the private premises of the owner or occupant. Consent shall be implied for placement of materials in the driveway or front yard, where no express denial of consent is made.

(b)

Where the owner or occupant has an additional box adjacent to their mailbox, all unsolicited handbills and/or newspapers must be placed therein.

(4)

As to newspapers not subject to the provisions of section 95.19(2) and (3), they shall be placed or deposited upon private property and at the main entrance thereof, or such other place as shall have been agreed upon by the newspaper distributor and the owner or occupant, in such a manner so as to secure or prevent their being carried or deposited by the weather upon other places on said premises or on any street, sidewalk, other public place or private property.

(5)

It shall be unlawful for any person to place or deposit or in any manner to affix or cause to be placed or deposited or affixed to any automobile or other vehicle any handbill, sign, poster, advertisement, or notice of any kind whatsoever, unless he be the owner thereof, or without first having secured in writing the consent of the owner thereof. There shall be a rebuttable presumption that the person or business whose name, telephone number, or other identifying information appears on any handbill or other form of advertisement attached to a motor vehicle shall be in violation of this section.

(6)

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill, or any other object.

(7)

No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. The presence on the property of two or more visible uncollected handbills shall constitute notice to the person distributing handbills that the premises are uninhabited or vacant.

(8)

It shall be unlawful for any person to distribute unsolicited materials on any premises where there is accumulated two (2) or more items.

(Ord. 07-147, passed 11-13-07; Ord. 09-05, § 1, 1-26-09)