Marion Ordinance Chapter 3

Chapter 3
ADVERTISING
Art. I. In General, §§ 3-1-3-15
Art. II. Distribution of Handbills, §§ 3-16-3′;24
ARTICLE I. IN GENERAL
Sec. 3-1. Posting on trees, poles prohibited.
It shall be unlawful for any. person to post, tack, nail,
attach or in any other manner fasten signs, bills, circulars,
posters, notices, papers or other advertising matter of any
description or kind to any telephone, telegraph or electric
light pole or upon any tree standing or growing upon any of
the streets or public grounds of the city.
Sees. 3-2-3-15. Reserved.
ARTICLE II. DISTRIBUTION OF HANDBILLS*
Sec. 3-16. Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to
them:
Handbill: 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 of literature.
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 or ‘regulation, and any
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
*Cross reference-Littering generally, § 10-2.
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§ 3-16 MARION CODE
published with not less than four (4) issues per year, and
sold to the public, and shall mean and include any other
copyrighted material.
Vehicle: Every device in, upon or by which any person or
property is or may be transported or· drawn upon a
highway, including devices used exclusively upon stationary
rails or tracks.
Sec. 3-17. Exemption. for mail and newspapers.
The provisions of this article shall not apply to the
distribution of mail by the United States, nor to newspapers,
except that newspapers shall be placed on private
property in such a manner as to prevent their being carried
or deposited by the elements upon any· street, sidewalk or
other public place or upon private property.
Sec. 3-18. P4ermit required.
It shall be unlawful for any person to deliver, hand out,
distribute or otherwise circulate, except by United States
Postal Servicl9, or to cause to be delivered, handed out,
distributed or otherwise circulated, except by United States
Postal Service, any handbill, circular, poster, pamphlet or
similar written matter upon any municipal sheet, sidewalk
or in any public place within the city without obtaining a
permit therefor.
Sec. 3-19. A])plication for permit.
Any person desiring to deliver, hand out, distribute or
otherwise circulate any handbill, circular, poster, pamphlet
or similar written material upon any municipal street,
sidewalk or other public place within the city, shall first
make application in writing, with a copy of the proposed
handbill, circular, poster or pamphlet to be distributed or
circulated attached thereto, to the mayor and the clerk· for
permission so to do; and the mayor and chief of police are
hereby authorized and empowered to consider and act upon
said application, and to either grant or deny the permit
applied for. The decision of the mayor and chief of police in
regard to· the same shall he final.
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ADVERTISING § 3-24
Sec. 3-20. Inhabited private premises.
No person shall throw, deposit or distribute any handbill
in or upon private premises which are inhabited, except by
handing or transmitting any such handbill directly to the
owner, occupant or other person then present in or upon
such private premises. Provided, however, that in case of
inhabited private premises which are not posted, such
person, unless requested by anyone upon such premises not
to do so-, may place or deposit any such handbill in or upon
such 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 sidewalks, streets or other public
places, and except that mailboxes may not be so used when
so prohibited by federal postal law or regulation.
Sec. 3-21. Prohibited where properly posted.
No person shall throw, deposit or distribute any handbill
upon any private premises, if requested by anyone thereon
not to do so, or if there is placed on such premises a sign
bearing the words: ”No Trespassing,” “No Peddlers or
Agents,” “No Advertisement/’ or any similar notice,
indicating in any manner· that the occupants of such
premises do not wish to have their right of privacy
disturbed, or to have any handbills left upon such premises.
Sec. 3-22. Depositing on uninhabited or vacant
premises.
It shall be unlawful for any person to throw or deposit any
handbill in or upon any private premises which is
uninhabited or vacant.
Sec. ·3-23. Placing on vehicles.
No person shall throw or deposit any handbill in or upon
any vehicle.
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Sec. 3-24. Restricted in public places.
It shall be unlawful for any person to hand out or
distribute or sell any handbill in any public place; except
that a handbill may be personally delivered to any person
willing ,to accept the same.