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[10a] Proposed Ordinance - Commercial Paper Council Agenda Item 10a MEETING DATE: May 21, 2018 AGENDA ITEM: Ordinance – Commercial Paper SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Councilor Wick presented some information regarding a proposed Ordinance that prohibit the distribution of newspapers in the public right of way, specifically the Shopping News. The City has made several attempts to correct the matter but it has not resolved itself. The accompanied Ordinance has been reviewed and modified slightly for St. Joseph. Based on statutory regulations, the City has to place notice on the website or legal ad of the intent to pass the Ordinance. If the Council opts to move forward it would be processed for approval by the Council on June 4. BUDGET/FISCAL IMPACT: ATTACHMENTS: Draft Ordinance Pictures REQUESTED COUNCIL ACTION: Provide direction to staff CHAPTER VI – GENERAL REGULATIONS ORDINANCE 612 COMMERCIAL AND NONCOMMERCIAL HANDBILLS ............... 612-1 Section 612.01: DEFINITIONS .................................................................................. 612-1 Section 612.02: THROWING OR DISTRIBUTING COMMERCIAL OR NONCOMMERCIAL HANBILLS IN PUBLIC PLACES .......................................... 612-2 Section 612.03: DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES ................................. 612-2 Section 612.04: PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED ................................................................................................. 612-2 Section 612.05: DISTRIBUTING COMMERCIAL AND NONCOMMERCIAL HANDBILLS IN INHABITED PRIVATE PREMISES............................................... 612-2 Section 612.06: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON VEHICLES ........................................................................................................... 612-2 Section 612.07: PENALTIES ..................................................................................... 612-3 612-0 CHAPTER VI – GENERAL REGULATIONS ORDINANCE 612 COMMERCIAL AND NONCOMMERCIAL HANDBILLS Section 612.01: DEFINITIONS. For the purposes of this ordinance, the following words and phrases shall have these designated meanings: Subd. 1: Commercial Handbill. “Commercial Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which: a) Advertises for sale any merchandise, product, commodity, or thing; b) Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; or, c) While containing reading matter other than advertising matter, is predominately 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. Subd. 2: Newspaper. “Newspaper” means any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with the federal statute or regulation, and nay newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. Subd. 3: Noncommercial Handbill. “Noncommercial Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper. Subd. 4: Private Premises. “Private premises” means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Subd. 5: Public Place. “Public Place” means streets, sidewalks, boulevards, alleys, or other public ways and any and all public parks, spaces, grounds and buildings. Subd. 6: Vehicle. “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway. 612-1 CHAPTER VI – GENERAL REGULATIONS Section 612.02: THROWING OR DISTRIBUTING COMMERCIAL OR NONCOMMERCIAL HANDBILLS IN PUBLIC PLACES. No person shall throw, place, deposit, or distribute any commercial or noncommercial handbill in or upon any sidewalk, street, or other public place within the city. Nor shall any person hand out, distribute, or sell any commercial handbill in any public place. It shall not be unlawful on any sidewalk, street, or other public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. Section 612.03: DEPOSITING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON UNINHABITED OR VACANT PREMISES. No person shall throw, place, deposit, or distribute any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. Section 612.04: PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED. No person may throw, place, deposit, or distribute a commercial or noncommercial handbill upon private premises, if requested by anyone thereon not to do so, or if there is placed on the premises, in a conspicuous position, a sign bearing the words “No Trespassing”, “No Soliciting”, “No Advertisement”, or similar notice indicating in any manner that the occupants of said premises do not desire to have their right of privacy disturbed or to have handbills left upon such premises. Section 612.05: DISTRIBUTING COMMERCIAL AND NON COMMERCIAL HANDBILLS AT INHABITED PRIVATE PREMISES. Subd. 1. Prohibition: No person may throw, place, deposit, or distribute a commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting the handbill directly to the owner, occupant, or other person then present in or upon the private premises; provided, however, that in the case of inhabited private premises which are not posted, the 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 if the handbill is so placed or deposited in a manner that prevents the handbill from being blown about the premises or sidewalks, streets, or other public places. Mailboxes may not be used to secure such handbills when prohibited by federal postal law or regulations. Subd. 2. Exemption for Mail and Newspapers. The provisions of this section do not apply to the distribution of mail by the United States, nor to newspapers as defined in this section. Newspapers hall be placed upon private property in such a manner as to prevent their being carried or deposited by the elements upon the street, sidewalk, or other public place or upon private property. Section 612.06: PLACING COMMERCIAL AND NONCOMMERCIAL HANDBILLS ON VEHICLES. No person may throw, place, or deposit a commercial or noncommercial handbill in or upon any vehicle, provided, however, that it is not unlawful in a public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to occupants of vehicles who are willing to accept it. 612-2 CHAPTER VI – GENERAL REGULATIONS Section 612.07: PENALTIES. Any person who violates any of the provisions of this Section shall be deemed guilty of a petty misdemeanor. Each day such a violation is committed shall constitute a separate offense. Created 6/2018 612-3