§ 38-124. Distribution of handbills on private property generally.

(a)

Placement of handbills on private property. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any handbill upon any private premises if requested by anyone on those premises not to do so, or if there is placed on the premises in a conspicuous position near the entrance, a sign bearing the words "No trespassing," "No peddlers or agents," "No advertisement," "No solicitation," "No solicitors or peddlers," or any similar notice indicating in any manner that the occupant(s) of the private premises desires to be left alone or to not have his or her right of privacy disturbed or not to have any handbills left upon his or her premises.

(b)

Manner of placement of handbills on private property. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any handbill in or upon any private premises which are inhabited except by handing or transmitting such handbill directly to the owner, occupant, or any other person then present in or upon the private premises who consents to such distribution; provided, that in the case of inhabited, private premises which are not posted as provided in subsection (a), such person, unless requested by anyone upon the premises not to do so, may place or deposit the handbill in or upon the inhabited private premises, so long as the handbill is so placed or deposited as to secure or prevent it from being blown or drifted about the premises or elsewhere and such placement or deposit does not damage or otherwise cause material interference with the premises as is or should be apparent to a reasonable person, except that mailboxes may not be used for distribution when prohibited by federal postal laws or regulations.

(c)

Placement of handbills on vacant private premises. Notwithstanding the preceding provisions, it shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any handbill in or upon any private premises where it is or should be readily apparent to a reasonably prudent person that the property is uninhabited or has been otherwise vacant for a substantial period of time.

(d)

Accumulation of litter. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any handbill in or upon any private premises where it is or should be apparent to a reasonable person that any previous day's distribution of any such material has not been removed or such distribution or deposit results in an excessive accumulation of handbills that is or should be apparent to a reasonable person.

(e)

Placement of handbills on vehicles. It shall be unlawful for any person to place, deposit, throw, or affix in any manner any handbill, sign, poster, advertisement, pamphlet, leaflet, or handbill into or onto any automobile or other vehicle on any public property or on any parking lot open to the use of the public, unless he or she [is] the owner thereof or unless he or she has first secured the consent of the owner thereof. Notwithstanding the foregoing, this subsection shall not prohibit the handing, transmitting, or distributing of any handbill to the owner or other occupant of a vehicle who is willing to accept it.

(Ord. No. 15-53, § I, 7-9-15; Ord. No. 15-54, § III, 7-9-15)

Note— See editor's note at § 38-122.