Sec. 3-5. Prohibiting distribution of handbills at private premises where property posted; criminal penalty; civil sanction.
A. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Advertisement," "No Handbills," or any similar notice. The notice posting provision of this subsection does not apply to any person who has previously received unrescinded permission from the person in control of the private premises to throw, deposit or distribute the commercial or noncommercial handbill.
B. The deposit or distribution of any commercial or noncommercial handbill on private premises shall be done in a reasonable manner so as to prevent their being carried or deposited by the elements upon any adjoining premises, street or sidewalk or other public place, or upon other private property.
C. If the property has a clearly-marked and conspicuous receptacle for the placement of handbills labeled "handbills," no person shall throw, deposit or distribute any commercial or noncommercial handbill anywhere other than in that receptacle.
D. The provisions of this section shall not apply to:
1. The distribution of mail by the United States.
2. Employees or agents of a public utility in the performance of duties required by Federal, State or local law, or to communicate service interruptions or similar notices to the public.
E. There is a rebuttable presumption that the owner, manager, distributor, provider, or responsible party of any business, product, or service that is the subject of a commercial handbill has caused the handbill to be placed on the private premises.
F. Except as provided in Subsection G, any person who violates any of the provisions of this section shall be guilty of a Class One Misdemeanor.
G. Any person who is charged under the presumption of Subsection E is subject to a civil sanction of not less than two hundred fifty dollars nor more than two thousand five hundred dollars. The two hundred fifty dollar minimum sanction shall not be waived. each sign, card, handbill, notice, or advertisement placed in violation of this section shall constitute a separate violation. (Ord. No. G-717, § 1; Ord. No. G-5593, § 3, 2011)