HomeMy WebLinkAboutO-1549ORDINANCE NO. 1549
AN ORDINANCE TO REGULATE THE DISTRIBUTION OF HANDBILLS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
SECTION ONE. DEFINITIONS.
For purposes of this Ordinance, the following terms, phrases, words and their derivatives
shall have the meaning given herein. The word "shall" is always mandatory and not
merely directory.
"Commercial handbill" means any printed or written matter, any sample,
device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed
or otherwise reproduced original or copies of any matter of literature which
does any of the following:
A. Advertises for sale any merchandise, product, commodity, or thing; or,
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. Directs attention to or advertises any meeting, theatrical performance,
exhibition, or event of any kind, for which an admission fee is charged for
private gain or profit; or,
D. While containing reading matter other than advertising matter, is
predominantly and essentially an advertisement, and is distributed or
circulated solely for advertising purposes or for the benefit and gain of any
person, business, or commercial establishment engaged in the advertising
therein.
"Newspaper" means 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; and, in
addition thereto, means and includes any periodical or current magazine regularly
published with not less than four issues per year and sold to the public.
3. "Noncommercial handbill' means any printed or written matter, any sample,
device, dodger, 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 definition of a "commercial handbill."
4. "Occupant" means the owner, tenant, or person in possession or charge of any
house, dwelling unit, building, lot, or premises.
5. "Owner" means any person who, alone or jointly or severally with others, has
legal title to real property, including any person serving as employee or agent of
the title holder, or as trustee or guardian of the estate or person of the title
holder.
6. "Person" means any individual, partnership, association, syndicate, company,
firm, trust, corporation, business, entity, or organization of any kind.
"Private premises" means any dwelling, house, building, or other structure
designed or used either wholly or in part for private residential purposes, and
shall include the yard, grounds, walk, driveway, porch, steps, vestibule, or
mailbox belonging to or appurtenant to such dwelling, house, building, or other
structure.
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8. "Public place" means any area that is used or held out for use of the public,
and includes streets, sidewalks, street rights -of -way, alleys, public ways, and
all public parks, squares, grounds, and playgrounds.
SECTION TWO. HANDBILL DISTRIBUTION — PUBLIC PLACES.
No person shall throw or deposit any commercial or noncommercial handbill in or upon
any sidewalk, street, or other public place within the City; provided, however, that it
shall not be unlawful on any sidewalk, street, or other public place within the City for
any person to hand out or distribute any such handbills to any person willing to accept it.
SECTION THREE. HANDBILL DISTRIBUTION — VACANT PROPERTY.
No person shall knowingly throw, deposit, or distribute any commercial or
noncommercial handbill in or upon any private premises which are uninhabited or vacant
in any of the following circumstances:
a) Where it is apparent that such property is unoccupied; or
b) Where it is apparent that handbills placed or delivered on previous days have
not been removed.
SECTION FOUR. HANDBILL DISTRIBUTION — POSTED PREMISES.
No person shall throw, deposit, or distribute any commercial or noncommercial handbill
upon any private premises if requested by the owner, occupant, or person in control of
such premises not to do so, or if there is posted on said premises in a conspicuous
position a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No
Advertisements," or any similar notice indicating in any manner that the occupants of the
premises do not desire to have their privacy disturbed or to have any such handbills left
or deposited on such premises.
SECTION FIVE. HANDBILL DISTRIBUTION — INHABITED PREMISES
No person shall throw, deposit, deliver, or distribute, or cause to be thrown, deposited,
delivered, or distributed, any commercial or noncommercial handbill in or upon private
premises which are inhabited, and which are not posted as provided in Section Four of
this Ordinance, except in the following manner:
a) By delivering any such handbill directly into the personal possession of the
owner, occupant, or other person then present in or upon such private premises;
or
b) By leaving such handbill on the private premises provided that it is wrapped,
tied, folded, or otherwise secured so that it will not be blown loose by the
winds or other elements.
SECTION SIX. HANDBILL DISTRIBUTION — INHABITED PREMISES — DO
NOT DELIVER REQUESTS
No person shall throw, deposit, deliver, or distribute, or cause to be thrown, deposited,
delivered, or distributed, any commercial or noncommercial handbill in or upon private
premises if the owner, occupant, or person in control of the premises has requested that
such handbill not be delivered to his or her premises.
A distributor of any commercial or noncommercial handbill may establish a system
(including by telephone, a website, or email), for required use by the owner, for
developing and maintaining a list of those persons who have requested that such a
handbill not be delivered to his or her premises. If the distributor of such handbill
chooses to develop and maintain such a list, a copy of such list shall be provided to the
City of Fairhope, in an electronic and searchable format, in intervals of no less than thirty
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(30) days. The distributor shall have a period of fourteen (14) days to cease delivery to
the premises of any person who has requested that such handbill not be delivered to his
or her premises, after which period of time no person shall throw, deposit, deliver, or
distribute, or cause to be thrown, deposited, delivered, or distributed, that handbill in or
on the premises.
SECTION SEVEN. HANDBILL DISTRIBUTION — MAIL EXEMPTED.
The provisions of this Ordinance shall not apply to the distribution of mail by the United
States.
SECTION EIGHT. HANDBILL DISTRIBUTION — SUBSCRIPTION
PUBLICATIONS EXEMPTED.
The provisions of this Ordinance shall not apply to the distribution of newspapers,
commercial handbills, or noncommercial handbills in or upon private premises when an
occupant or owner of said private premises is currently subscribing to such newspapers
or such handbills or has requested that such newspapers or such handbills be delivered.
A newspaper, commercial handbill, or noncommercial handbill may be delivered to
private premises when an occupant or owner of the private premises is not currently
subscribing to such newspaper or such handbill or has not requested that such newspaper
or such handbill be delivered, provided that such is delivered or distributed in
compliance with Section Five of this Ordinance and not otherwise left or thrown upon
the premises, and provided further that the owner, occupant, or other person in charge of
the premises has not requested that such handbill not be delivered to his or her premises
as provided in Section Six of this Ordinance.
SECTION NINE. ENFORCEMENT PROCEDURES.
A. A City of Fairhope police officer may choose to cite and release a person
accused of violating this Ordinance. The "Uniform Non -traffic Citation and
Complaint" ("UNTCC") shall serve as the charging instrument and shall be
issued in accordance with Rule 20 of the Alabama Rules of Judicial
Administration.
B. A city employee designated as an enforcement officer may issue a municipal
offense ticket ("MOT") for a violation of this Ordinance. The person charged
with a violation must, within the time period specified on the MOT, or within
seventy-two (72) hours before the court date shown on the MOT:
1) Appear in person before a magistrate judge, sign the plea of guilty waiver of
rights on the MOT, and pay the fine and applicable court costs. The
Magistrate shall retain a copy of the MOT; or
2) Sign the plea of guilty waiver of rights provision on the MOT and mail or
hand deliver to the clerk of the municipal court the signed page and payment
of the amount of the fine and applicable court costs. Remittance by mail or
hand delivery of the fine and costs constitutes a guilty plea and waiver of
trial, even if the "plea of guilty waiver of rights" provision on the ticket has
not been signed by the defendant. If the amount sent is insufficient, then the
money received by the clerk shall be considered to be a partial payment, and
it shall be applied by the clerk to the fine and costs, and shall be deposited as
required by law. The clerk may give notice of the insufficiency, and a
supplemental summons or warrant of arrest may be issued for the
defendant's arrest, and a judgment shall be entered for the balance due; or
3) Sign the MOT and agree to appear in court on the date and at the time shown
on the MOT to protest the charges. If the defendant fails to appear, the court
may, in its discretion, issue further notice or a supplemental summons or
warrant of arrest.
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C. Employees of the city, designated as enforcement officers, who observe
violations of this Ordinance are further authorized to appear before a magistrate
and request a summons or warrant to be issued pursuant to Rule 3.1 of the
Alabama Rules of Criminal Procedure.
D. Employees of the city, designated as enforcement officers, may issue corrective
notices to persons suspected of violating this Ordinance. The issuance of a
corrective notice is, however, not required prior to the issuance of a MOT,
UNTCC, or a warrant.
SECTION TEN. PENALTIES.
Any person who pleads guilty or is found guilty of a violation of this Ordinance may be
punished by a fine of not less than two hundred fifty dollars ($250.00) and not more than
five hundred dollars ($500.00), by imprisonment for not more than six (6) months, or
may be sentenced to perform community service as directed by the judge or to take other
remedial action to comply with the terms of this Ordinance in lieu of a fine or
imprisonment. Each day a violation of this Ordinance is committed or permitted to
continue shall constitute a separate offense.
SECTION ELEVEN. SCHEDULE OF FINES.
Section 10-29 of the Fairhope City Code, schedule of fines, is hereby amended so as to
provide for a fine in the amount of $250.00 for violations of this Ordinance, by adding
the following to the schedule of fines:
Distribution of Handbills Ordinance violations ........................... $250.00
SECTION TWELVE. SEVERABILITY CLAUSE.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not
affect any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION THIRTEEN. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its due adoption and publication as
required by law.
ADOPTED THIS 28TH DAY OF SEPTEMBER, 2015
ATTEST:
d
isa A. nks, MMC
City Clerk