Chapter
3
ADVERTISING
AND SIGNS[1]
Art.
I. In General, §§ 3-13-15
Art
II. Handbills,
§§ 3-163-23
ARTICLE
I. IN GENERAL
Secs. 3-13-15. Reserved.
ARTICLE II. HANDBILLS
Sec.
3-16. Definitions.
(a) For
the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(b) Commercial handbill means 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 or literature:
(1) Which advertises for sale any merchandise,
product, commodity or thing;
(2) Which directs attention to any business or
mercantile or commercial establishment, or other activity, for the purpose of
either directly or indirectly promoting the interests thereof by sales;
(3) Which directs attention to or advertises
any meeting, theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit; but the
terms of this clause shall not apply where an admission fee is charged or a
collection is taken up for the purpose of defraying the expenses incident to
such meeting, theatrical performance, exhibition or event of any kind, when
either of the same is held, given or takes place in connection with the
dissemination of information which is not restricted under the ordinary rules
of public peace, safety and good order, provided that nothing contained in this
clause shall be deemed to authorize the holding, giving or taking place of any
meeting, theatrical performance, exhibition or event of any kind without a
license, where such license is or may be required by any law of this state, or
under this Code or any other ordinance of this city;
(4) Which, while containing reading matter
other than advertising matter, is predominantly and essentially an
advertisement, and is distributed or circulated for advertising purposes or for
the private benefit and gain of any person so engaged as advertiser or
distributor;
(5) Which is not covered by the definition of sign.
(c) Newspaper means any newspaper of
general circulation, as defined by general law, any newspaper duly entered with
the Post Office Department of the United States in accordance with federal
statute or regulation, and any newspaper filed and recorded with any recording
officer as provided by general law, and, in addition thereto, any periodical or
current magazine regularly published with not less than four (4) issues per
year and sold to the public.
(d) Noncommercial handbill means any
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 or literature not included in the
definitions of a sign or a commercial handbill or a newspaper.
(e) Private premises means any dwelling,
house, building or other structure designed or used either wholly or in part
for private purposes, whether inhabited or temporarily or continuously
uninhabited or vacant, including any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
(f) Public place means any street,
boulevard, avenue, lane, alley or other public way, and all public parks,
squares, spaces, plazas, grounds and buildings.
(Code
1967, § 3-1)
Sec.
3-17. Posting prohibited in certain
places.
No person shall post, stick, stamp,
paint or otherwise fix or cause the same to be done by any person, any notice,
placard, bill, card, poster, advertisement or other paper or device calculated
to attract the attention of the public to or upon any sidewalk, crosswalk, curb
or curbstone, flagstone or any other portion or part of any public way or
public place, or any lamppost, electric light, telegraph, telephone or trolley
line pole, or railway structure, hydrant, shade tree or tree-box, or upon the
piers, columns, trusses, girders, railings, gates or other parts of any public
bridge or viaduct, or other public structure or building, or upon any pole, box
or fixture of the fire alarm or police telegraph system, except such as may be
authorized or required by the laws of the United States, the state and this
code or any other ordinances of the city.
Any business or mercantile or
commercial establishment whose commercial handbills are in violation of this section
shall be prima facie responsible for such violation and subject to penalty
therefor.
(Code
1967, § 3-2; Ord. No. 86.12, 3-20-86)
Sec.
3-18. Depositing
commercial handbills in public places.
No person shall deposit, place, throw,
scatter or cast any commercial handbill in or upon any public place within this
city.
(Code
1967, § 3-3)
Sec.
3-19. Manner of
placing in or upon vehicles.
No person shall distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill in or
upon any automobile or other vehicle in a manner in which it is likely to be
carried or deposited by the elements upon any adjoining premises, street or
sidewalk or other private place, or upon private property. The provisions of this section shall not
prohibit the handing, transmitting or distributing of any noncommercial
handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.
(Code
1967, § 3-4)
Sec.
3-20. Depositing on
vacant premises.
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 in any of the following
circumstances:
(a) Where it is apparent that such property is
unoccupied;
(b) Where it is apparent that a previous day's
distribution of handbills has not been removed;
(c) Where the owner has not given his
permission to do so.
(Code
1967, § 3-5)
Sec.
3-21. Distributing,
etc., on posted premises.
No person shall distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill upon any
premises if requested by anyone thereon not to do so, or if there is placed on
such premises, in a conspicuous position near the entrance thereof, a sign
bearing the words "No Trespassing", "No Peddlers or
Agents", "No Advertisement", "No Unsolicited
Newspapers" or any similar notice indicating in any manner that the
occupants of such premises do not desire to be molested or to have their right
of privacy disturbed, or to have any such handbills left upon such premises.
(Code
1967, § 3-6)
Sec.
3-22. Manner of
distribution on private premises.
No person shall distribute, deposit,
place, throw, scatter or cast any commercial or noncommercial handbill in or
upon any private premises which are inhabited, except by handing or
transmitting any such handbill directly to the owner, occupant or any other person
then present in or upon such private premises; provided that in case of
inhabited private premises which are not posted as provided in this chapter,
such licensed or other person, unless requested by anyone upon such 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
elsewhere, except that mailboxes may not be so used when so prohibited by
federal postal laws or regulations.
(Code
1967, § 3-7)
Sec.
3-23. Certain subject
matter not to be posted.
No owner, lessee, occupant or agent of
any premises shall permit any person, whether licensed or acting under the
terms of this article or otherwise, to post, affix or otherwise attach to any
building, structure or fixture located upon such premises, whether such fixture
is natural or artificial, any poster or handbill containing any matter
prohibited by the terms of this article.
(Code 1967, § 3-9)
Secs. 3-243-35. Reserved.
Secs. 3-363-43. Repealed.
(Ord.
No. 93.13,