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5.48. 010 Handbill defined.

"Handbill," for the purposes of this chapter, includes any printed or written commercial advertising matter contained in or in the form of, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or any other printed matter or literature. (Prior code § 3-1)

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5.48. 020 Distribution of handbills on public property.

A. 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.

B. 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. (Prior code § 3-1.1)

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5.48. 030 Distribution of handbills on private property.

A. No person shall, for commercial purposes, distribute, deposit, throw, place or attach any handbill to, in or upon any porch, yard, steps, door or mailbox located upon any premises not in the possession of or under the control of the person distributing the said handbill, which premises has posted thereon in a conspicuous place, a sign of at least twelve (12) linear inches in area bearing the words legibly and prominently, "No Advertising," unless the person distributing the handbills has first received the written permission of the person occupying or having possession of such premises authorizing him to do so.

B. It is unlawful for any person, either directly or indirectly, for commercial purposes, to distribute, deposit or place any handbill in or upon any private yard, door, steps, porch or any other private property unless the handbill is firmly secured in place by a rubber band or is designed to hang securely on a doorknob in order to prevent the handbill from falling to the ground and creating litter.

C. The provisions of this section shall not be deemed to prohibit the placing of a political handbill, a religious handbill, or a newspaper on the door or in front of and immediately adjacent to the door of any private residence. (Prior code § 3-1.2)

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5.48. 040 Distribution of handbills on vehicles.

It is unlawful for any person either directly or indirectly, to distribute, deposit or place any handbill in or upon any automobile or other vehicle unless the handbill is firmly secured in place to prevent the handbill from falling to the ground and creating litter. (Prior code § 3-1.3)

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5.48. 050 Hours of distribution.

It is unlawful for any person to distribute any handbills between the hours of nine p.m. of any day and eight a.m. of the following day. (Prior code § 3-1.4)

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5.48. 060 Handbills and signs on private buildings and walls.

It is unlawful for any person to paint, mark, write on, post or otherwise affix or attach any handbill or sign to or upon any building, wall or part thereof, or upon any private property without the consent of the owner, agent or occupant thereof. (Prior code § 3-1.5)

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5.48. 070 Handbills and signs on public places and objects.

It is unlawful for any person to paint, mark, write on, post or otherwise affix or attach any handbill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, fence, barrier, barricade, hydrant, tree, shrub, tree stake or guard, electric light or power or telephone or telegraph pole or upon any drinking fountain, street sign, traffic sign, phone booth, or any other public property or private utility property. (Prior code § 3-1.6)

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5.48. 080 Removal of--Costs.

A. Any handbill or sign found posted or otherwise affixed upon any public or utility property contrary to the provisions of this section may be removed by any company, utility, organization or individual owning or responsible for maintaining that property, or any employee of the city.

B. For the purposes of this subsection, there shall be a presumption that:

1. The person listing property for sale, lease or rent is the person responsible for posting a sign advertising the property for sale, lease or rent;
2. The candidate seeking office is the person responsible for posting a sign promoting the candidate for public office;
3. The person in charge of property used for a yard or garage sale is the person responsible for posting a sign advertising a yard or garage sale;
4. The owner of property used for a commercial activity or event is the person responsible for posting a sign advertising the subject commercial activity or event;
5. The person whose name, telephone number or address appears as the sponsor of an activity or event is the person responsible for posting a sign advertising the subject activity or event; and
6. The person whose name, telephone number or address appears as the person to contact on any handbill or sign posted is the person responsible for having posted the same.

C. For purposes of this subsection, the person presumed to be responsible for posting a handbill or sign on public or utility property may rebut such presumption by declaring under penalty of perjury or swearing under oath that the person did not cause, authorize, allow or permit the posting of the sign on public or utility property.

D. Nothing in this section shall apply to the painting of house numbers upon curbs done in accordance with regulations of the city.

E. Nothing in this section shall prohibit the installation of signs on public or utility property provided the sign is a part of a program sponsored by a city department and such signs and locations are approved prior to installation and provided such signs are removed after their purpose is served. (Prior code § 3-1.7)

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5.48. 090 Charges for removal of handbills and signs.

A. The person responsible for any illegal posting contrary to the provisions of this section shall be liable for the cost incurred in the removal and billing thereof, and the finance department is authorized to effect the collection of said cost incurred by the city.

B. A service charge of twenty dollars ($20.00) shall be levied for removal of the first handbill or sign regardless of size.

C. A service charge of one dollar and fifty cents ($1.50) shall be levied for each additional sign removed.

D. An additional service charge of five dollars ($5.00) shall be levied for each sign that is attached or affixed using glue or paste.

E. The fees specified in this section are subject to revision by council resolution pursuant to Chapter 2.64. (Prior code § 3-1.8)

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5.48. 100 Fees and charges constitute a valid and subsisting debt.

A. All fees and charges levied by the city pursuant to this section shall be due and payable upon presentation of a written invoice.

B. All fees and charges for such services pursuant to this section shall constitute a valid and subsisting debt in favor of the city and against the person responsible for posting or affixing the handbill or sign to public or utility property. If an amount remains unpaid reasonable and practical attempts have been made by the city to obtain payment, a civil action may be filed with the appropriate court for the amount due and payable, together with any penalties, and related charges and fees accrued due to non-payment, and all fees and charges required to file and pursue such civil action. (Prior code § 3-1.9)

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5.48. 110 Violation--Penalty.

Any person violating any provisions of this chapter deemed guilty of a misdemeanor. (Prior code § 3-1.10)

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