HomeMy WebLinkAbout[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