33.01 DEFINITIONS

33.02 DISTRIBUTING HANDBILLS IN PUBLIC PLACES

33.03 PLACING IN VEHICLES

33.04 DISTRIBUTION AT VACANT PREMISES

33.05 DISTRIBUTION WHERE PROPERLY POSTED

33.06 DISTRIBUTION ON INHABITED PRIVATE PREMISES

33.07 IDENTIFICATION OF PRINTER AND DISTRIBUTOR

33.08 OFFENSIVE HANDBILLS

33.09 VIOLATIONS

33.01 DEFINITIONS

Terms used in this chapter have the following meanings:

Commercial handbill: Any printed or written matter, and sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature:

1. Which advertises for sale any merchandise, product, commodity, or thing; or

2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or

3. Which, while containing reading matter other than advertising matter, is predominantly 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 advertising or distributor.

Newspaper: Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute and regulation, and any a 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 let less than four (4) issues per year, and sold to the public.

Non commercial handbill: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a sign, or a commercial handbill, or a newspaper with the exception of political and religious literature.

Private premises: 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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

Public place: Any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

33.02 DISTRIBUTING HANDBILLS IN PUBLIC PLACES

It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this Village; and it shall be also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place. It shall not be unlawful for any person to hand out or distribute without charge to the receiver thereof any non-commercial handbill in any public place to any person willing to accept such non-commercial handbill.

33.03 PLACING IN VEHICLES

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or non commercial handbill 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 non commercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

33.04 DISTRIBUTION AT VACANT PREMISES

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

33.05 DISTRIBUTION WHERE PROPERLY POSTED

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or non-commercial handbill upon any 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 Peddlers or Agents," "No Advertisements," "No Handbills," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbills left upon such premises. It shall be the duty of the owner, landlord or person in control of any premises remaining vacant for a period of more than five (5) days to post in a conspicuous position on the premises such sign as is indicated by this section. The term vacant as used herein shall not be deemed to include temporary absences from the premises by its regular occupants.

33.06 DISTRIBUTUION ON INHABITED PRIVATE PREMISES

No person shall distribute, deposit, place, throw, scatter or cast any commercial or non commercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or any other person then present in or upon such private premises which are not posted as provided in this chapter. The aforesaid person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be used when so prohibited by federal postal laws or regulations.

33.07 IDENTIFICATION OF PRINTER AND DISTRIBUTOR

It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or non-commercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the following:

(a) The person who printed, wrote, compiled or manufactured the same.

(b) The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true name and address of the owners, manager or agents of the person sponsoring said handbill shall also appear thereon.

Exemptions. The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers.

33.08 OFFENSIVE HANDBILLS

It shall be unlawful for any person to post, to handout, distribute or transmit any sign, or any commercial or non commercial handbill:

(a) Which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the government of the United States or of this State by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or

(b) Which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous or scurrilous language.

33.09 VIOLATIONS

Any violation of the provisions of this chapter shall subject the violator to the penalties set forth in Section 1.06.