§ 11-116. Definitions.

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

Billposter means any person engaging in the business of posting, fastening, nailing, or otherwise affixing any written, painted or printed matter of any kind, or any form of reproduction thereof, (hereinafter called "sign"), containing a message or information of any kind whatsoever, to any outdoor billboard, or to or upon any bridge, fence, pole, post, sidewalk, tree, or to or upon the exterior of any other structure; except that the terms of this definition shall not apply to any such 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, either for any public convenience or use, or regulating the construction or use of so-called outdoor display signs, whether such display signs are illuminated or not.

Commercial handbill means 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 that:

(1)

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

(2)

Directs attention to any business or mercantile or 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; but the terms of this paragraph shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information; provided, that nothing contained in this paragraph 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 such license is or may be required by any law of this state, or any ordinance of this city;

(4)

Is predominantly and essentially an advertisement, while containing reading matter other than advertising matter, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person engaged as advertiser or distributor; or

(5)

Is not written, painted or printed matter of any kind or a reproduction thereof.

Handbill distributor means any person engaging in the business 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 such handbills.

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, shall include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

Noncommercial handbill means 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 other than any written, painted or printed matter or a reproduction thereof and not including commercial handbills or newspapers.

Private premises means 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. The term shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such structure.

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

(Code 1976, § 6-4032)

Cross reference

Definitions and rules of construction generally, § 1-2.