HomeMy WebLinkAboutOrdinance 612 - Commercial and Noncommercial Handbills
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
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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.
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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, and no entity shall caused to be thrown, placed, deposited, or distributed
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, and no entity shall caused to be thrown, placed, deposited, or distributed
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 shall throw, place, deposit, or distribute, and no entity shall
caused to be thrown, placed, deposited, or distributed 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 shall throw, place, deposit, or distribute, and no entity
shall caused to be thrown, placed, deposited, or distributed 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 shall throw, place, deposit, or distribute, and no entity shall caused
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CHAPTER VI – GENERAL REGULATIONS
to be thrown, placed, deposited, or distributed 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.
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
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