§ 54-132. Handbills, posters and advertising matter.

(a)

Dropping handbills prohibited. It shall be unlawful for any person to deposit, place, throw, scatter, drop or cast any handbill, poster, dodger or advertising matter of any kind on any street, a sidewalk, alley, wharf, levee or other public place, or in the yard of any private residence or other private property.

(b)

Distribution on vacant premises prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, drop or cast any handbills, poster, dodger or advertising matter of any kind in or upon any private residence which is temporarily or continuously uninhabited or vacant.

(c)

Distribution on inhabited private premises. It shall be unlawful for any person to distribute any handbill, poster, dodger or advertising matter of any kind in or upon any private residence which is inhabited, except by handing or transmitting such matter directly to the occupant, or other person then present upon such premises, provided, however, that, unless requested by anyone upon such premises not to do so, a person distributing such matter may place or deposit it in or upon such premises, if placed or deposited so as to secure or prevent it from being blown or drifted about, except that mailboxes may not be so used when prohibited by federal postal laws or regulations.

(d)

Placing in vehicles prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter, drop or cast any handbill, poster, dodger, or advertising matter of any kind in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any such matter to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.

(e)

Names and addresses required. It shall be unlawful for any person to distribute, place, hand out or circulate any handbill, poster, dodger or advertising matter of any kind which does not contain the name and address of the following:

(1)

The person who printed, wrote, compiled or manufactured the same, and

(2)

The person who caused the same to be distributed; provided, however, that in the case of a corporation, club, or other fictitious person, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring such matter shall also appear thereon.

(f)

Attachment to poles and other objects prohibited. It shall be unlawful for any person to paste, post, nail or attach in any other manner any handbill, dodger, sign, card, placard or advertisement of any kind, business or political, to any pole, post or object on any public street, alley, sidewalk or other public way; it shall further be unlawful to suspend or erect any banner, placard or advertisement of any kind over or across any public street, alley, sidewalk or other public way. This subsection shall not apply to temporary signs and posters, as set forth in subsection (h).

(g)

Agents, employees or servants. Whenever subsections (a), (b), (c), (d), (e) or (f) of this section shall be violated by any person through an agent, employee or servant, both the employer and the agent, employee or servant shall be guilty of the offense.

(h)

It shall be unlawful to place, cause to be placed, display, or cause to be displayed, temporary signs or posters within 50 feet of a public street, alley, parking lot or building without a valid permit. A permit may be obtained from the city administrator upon making application and posting a removal bond in accordance with the following schedule:

(1)

For five or less posters, the bond shall be $100.00, permit fee;

For more than five posters, the bond shall be $1,000.00, and permit fee $25.00;

(2)

At least ten percent of said removal bond shall be made by a cash deposit, or the equivalent, and the remainder shall be made by any kind of legally recognized surety.

(i)

Definitions. Temporary signs or posters shall be defined as any sign or poster whose intent and purpose is to advertise an event or happening which takes place during a limited period of time or on a specific date, or several specific dates, after which the sign or poster becomes moot.

(Article 77, Model Municipal Criminal Code, adopted by Commission Series Ord. No. 92 of 3-8-71; Ord. No. 11, § 1, 3-22-79)