§ 118.02. PROHIBITED ACTS REGARDING HANDBILL DISTRIBUTION.

(a)

It shall be unlawful for any person to place a handbill or to cause a handbill to be placed on:

(1)

Any public area, excluding authorized news racks or in the U.S. Mail, by any means, including but not limited to, tossing the handbill on the lawn, driveway, or walk on the premises, or on the sidewalk, driveway apron, swale area, or street in front of the public area, or by hanging the handbill on any part of a building on the public area or on the mailbox. Nothing in this section shall be deemed to prohibit the hand to hand delivery of a handbill to a person willing to accept it;

(2)

Any private property by any means, including but not limited to, tossing the handbill on the lawn, driveway, or walk on the private premises, or on the sidewalk, driveway apron, swale area, or street in front of the private premises, or by hanging the handbill on any part of a building on the private premises or on the mailbox, after the owner or occupant of the private premises has requested that the distribution of the handbill stop its delivery:

(i)

The request not to deliver a handbill must be in writing made either to the individual delivering the handbill or to the publisher of the handbill. A request to the individual delivering the handbill shall be deemed to be given to the publisher of the handbill. The request may be for a specified length of time or may be indefinite. If indefinite, the request shall remaining effect until it is rescinded by the owner or occupant of the private premises;

(ii)

A sign posted on a private premise visible from an adjoining public right-of-way with the words. "No Solicitation" or words of similar meaning shall be deemed a request not to deliver a handbill;

(3)

On any vehicle; or

(4)

Or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way. The police and code enforcement shall be authorized to remove any handbill or flyer found within the right-of-way and any individuals or groups found to be responsible for such actions in violation of this section shall be in violation of the City's sign code and the City's ordinance on anti-littering laws.

(Ord. No. 45-04, § 1, passed 8/3/04)