§ 27-14. Handbills.

(a)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast, or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any private premises except by placing or depositing the handbills in a manner to secure and to prevent the handbills from being blown or drifting about such premises, sidewalks, streets, or other public places, except that mailboxes may not be used when prohibited by federal postal laws or regulations for handling or transmitting such and except when a handbill is delivered directly to the owner, occupant, or any other person then present in or upon such private premises and who is willing to accept it.

(b)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast, or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon private premises if requested by anyone at that location not to do so, or if there is a sign on the property prohibiting it.

(c)

It shall be unlawful for any person under the age of sixteen (16) to distribute, deposit, place, throw, scatter, or cast any handbill upon any private premises unless an adult actively supervises them. There will be a presumption that a child is not actively supervised by an adult if the adult is more than twenty (20) feet away from the child or if there are five (5) or more children per adult.

(d)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast, or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any private premises which are uninhabited or vacant.

(e)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast, or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any vehicle. Except as prohibited in section 27-3, a person may hand out or distribute a noncommercial handbill to the occupant of a vehicle who is willing to accept it.

(f)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any sidewalk, street, or other public place within the city. Except as prohibited in section 27-3, on any sidewalk, street, or other public place a person may hand out or distribute a noncommercial handbill to a person who is willing to accept it. It shall be unlawful for a person distributing non-commercial handbills upon any sidewalk, street, or other public place within the city to fail to remove a 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 distribution by said persons.

(g)

It shall be unlawful for any person to post or otherwise affix or attach any handbill, poster, or other device which is calculated to attract the attention of the public upon any structure, wall, or part thereof without the consent of the owner, agent, or occupant of the structure.

(h)

There shall be a rebuttable presumption that any person whose goods, services, or activities are promoted in the handbill in violation of this section is a person who distributed or caused to be distributed the handbill.

(i)

This section does not apply to a federal, state, county, or local government or public utility employee in the performance of their duties for their employer.

(Ord. No. 2009-9086, § 2, 6-25-09)