(a) For purposes of this article, the word “handbill” shall mean and include any handbill, card, leaflet, pamphlet, circular or any other written or printed material.
(b) It shall be unlawful for any person, firm or corporation:
(1) To throw, scatter, place or otherwise distribute any handbills in such a manner as to cause them to be scattered in or upon any public street, alley, sidewalk, park, right-of-way or other public place in the city, or to otherwise create litter or a public nuisance;
(2) To stick, tack, nail, tape or otherwise attach or adhere any handbill to any portion of or to any appurtenance to any public street, alley, sidewalk, park, right-of-way or other public place in the city, including any utility pole, lamp post, fence or other similar structure; or
(3) To stick, tack, nail, tape or otherwise attach or adhere any handbill to any private property without first having obtained permission from the owner or tenant of such property; provided, however, that a handbill or handbill container which includes a hole or loop allowing it to fit over a doorknob or door handle shall not constitute a violation of this provision.
(4) To distribute a handbill at any property which is conspicuously posted with a sign stating “No Trespassing,” “No Solicitation,” “No Handbills” or words of similar import, in the absence of the specific advance permission of the owner or occupant thereof.
(Ord. 4447-03)
(a) Except as otherwise provided below, no person, firm or corporation shall engage in the distribution in the city of commercial or advertising handbills, cards, leaflets, pamphlets, circulars or any other written or printed materials used to advertise any business, product or amusement for gain without first obtaining a license therefor from the City Clerk.
(b) Licenses may be issued either as a seven-day license, permitting the distribution of handbills during a defined period not to exceed seven consecutive days, or as an annual license, permitting the distribution of handbills during a defined period not to exceed twelve consecutive months.
(c) A license may be obtained from the City Clerk subject to the following requirements:
(1) Payment of a license fee in the amount of $20 for a seven-day license or $50 for an annual license.
(2) Submission in writing, or upon such forms as the City Clerk may provide for such purpose, of the following information:
(i) The full name and address of the applicant, including any local address which the applicant will regularly maintain throughout the term of the license in relation to the conduct of its handbill distribution activities, if any.
(ii) The full name, residence address and identification information pursuant to subsection (v) below of a person or persons who will be present in the city during the time such distribution is taking place and who will be responsible for such activities and for compliance with the requirements of this article.
(iii) The full names, residence addresses and identification information pursuant to (v) below of each person who will be engaged in carrying out such distribution activities within the city; provided, however, that this information need not be submitted if the applicant maintains a permanent business location within the City with one or more full-time persons employed thereat with responsibility for such distribution activities, or if at least one of the persons designated pursuant to subsection (ii) above is a resident of the city, and if such identification information of the persons carrying out such distribution activities is maintained at such business location or by such responsible resident. If such information is required to be or is provided to the City Clerk, then no other or additional persons shall be employed or engaged by the licensee in such activities unless and until such identifying information is submitted to the City Clerk.
(iv) The applicant shall submit to the City Clerk a copy of the handbill to be distributed. If an annual licensee is engaged in distributing handbills which are in a standard form or otherwise clearly identify the distributor, it shall be sufficient for purposes of this requirement that the licensee keep on file with the City Clerk a sample copy of such publication.
(v) Identifying information required to be provided hereunder shall consist of the person’s social security number or Kansas drivers license number, or in the alternative a photo identification card of such person issued by a state or U.S. governmental agency may be produced and the City Clerk permitted to make a copy thereof.
(Ord. 4447-03)
The licensure requirements under Section 12-502 shall not apply to any of the following:
(a) Distribution of any handbill to persons who have subscribed or otherwise entered into an advance agreement for the delivery of the same.
(b) Distribution of any handbill the sole commercial content of which is the advertisement of a fund-raising event for any political candidate or for any religious, educational or charitable organization.
(Ord. 4447-03)
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $500.
(Ord. 4447-03)