§ 6-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed in this section, except where the context clearly indicates a different meaning:

Billposter means and includes any person engaging in the business for hire of posting, fastening, nailing, or otherwise affixing any written, painted, or printed matter of any kind, or other form or reproduction thereof (referred to in this article as a sign), containing a message or information of any kind whatsoever, to any outdoor billboard, or to or on any bridge, fence, pole, post, sidewalk, tree, or to or on the exterior of any other structure. The terms of this definition shall not apply to nor include any sign mounted on, fastened to, or suspended from the outside of any building or other structure, in accordance with and authorized by any provisions of an ordinance or statute, for any public convenience or use, nor to the construction or use of so-called outdoor display signs, whether the display signs are illuminated or not.

Commercial handbill means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature which does the following:

(1)

Advertises for sale any merchandise, product, commodity, or thing.

(2)

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

(3)

Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. The terms of this provision shall not apply where an admission fee is charged or collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition, or event of any kind when any of these is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order. Nothing contained in this provision shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where a license is or may be required by any law of this state, or under any ordinance of this city.

(4)

While containing reading matter other than advertising matter, it 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 an advertiser or distributor.

(5)

Any matter or literature which is not covered by the definition of sign under the definition of billposter in this section.

Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of handbills.

Litter means and includes any garbage, rubbish, trash, refuse, cans, bottles, containers, paper (including the promiscuous and uncontrolled distribution of advertising matter and handbills), lighted or unlighted cigarettes or cigars, or flaming or glowing material.

Newspaper means and includes 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 or regulation, and any newspaper filed and recorded with any recording officer as provided by general law. In addition, it shall include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

Noncommercial handbill means and includes 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 definitions of sign, commercial handbill, or newspaper.

Private premises means and includes 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 the dwelling, house, building, or other structure.

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

(Code 1985, § 111.02)

Cross reference

Definitions generally, § 1-2.