Chapter 9.40
UNSOLICITED MATERIALS
Sections:
9.40.010 Placements allowed where.
9.40.020 Right of owner to restrict entry.
9.40.030 Rebuttable presumption of deliverer.
9.40.010 Placements allowed where.
Unsolicited written materials delivered to a premises shall be placed:
(A) Where permitted, in a distribution box located on or adjacent to the premises;
(B) On a porch, if one exists, nearest the front door;
(C) So such materials are attached to the front door;
(D) Through a mail slot on the front door of principal structure, if existent, as permitted by the United States Postal Service Domestic Mail Manual, § 508 Recipient Services, Subsection 3.1.2;
(E) Between the exterior front door, if existent and unlocked, and the interior front door; or
(F) Personally with the owner, occupant and/or lessee of the premises. [Ord. G-2019-5 §1(A), passed 7-25-19.]
9.40.020 Right of owner to restrict entry.
Notwithstanding EMC 9.40.010, an owner, lessee, or occupant maintains the right to restrict entry to his or her premises. [Ord. G-2019-5 §1(B), passed 7-25-19.]
9.40.030 Rebuttable presumption of deliverer.
Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed or conveyed in such materials. [Ord. G-2019-5 §1(C), passed 7-25-19.]
9.40.040 Applicability.
The provisions of this chapter do not apply to the United States Postal Service. [Ord. G-2019-5 §1(D), passed 7-25-19.]
9.40.050 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Front door” means the street-facing entrance(s) to a principal structure. In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this chapter.
“Porch” means an exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.
“Premises” means a lot, plot or parcel of land including any structures, driveways, or other impervious surfaces thereon.
“Principal structure” means a structure or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises.
“Unsolicited written materials” means any written materials, which are delivered to any premises, without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises. [Ord. G-2019-5 §1(E), passed 7-25-19.]
9.40.060 Enforcement.
(A) Any placement of unsolicited written materials in areas on or adjacent to a premises other than as set forth in this chapter shall be a violation of this chapter, classified as a civil offense and enforced through the Department of Code Enforcement. Each instance of a violation of this chapter shall constitute a separate offense. It shall not be considered a violation of this chapter for wind to blow unsolicited materials away from a proper designated location.
(B) Any person with a violation of any provision of this chapter may be issued a citation for a violation of City ordinance. Whenever any Department of Code Enforcement officer issues a citation for violation of this chapter, he or she shall take down the name, address, and (if applicable) the business or entity responsible for such violation and shall issue to the alleged violator in writing a citation for a violation of this chapter.
(C) Penalties for violations of this chapter occurring within a 12-month period shall not be less than those provided by the following:
(1) First violation: formal written warning;
(2) Second violation: $50.00;
(3) Third violation: $150.00;
(4) Fourth and subsequent violations: $200.00. [Ord. G-2019-5 §1(F), passed 7-25-19.]