ORD NO 05-1983 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. cS =/W
AN ORDINANCE REGULATING THE DISTRIBUTION OF
HANDBILLS, PAMPHLETS AND OTHER HAND DISTRIBUTED
ADVERTISEMENTS.
SECTION 1: It shall be unlawful for any person to
throw or deposit any commercial or non commercial handbill
or other hand distributed advertisement in or upon any
sidewalk, highway, street, boulevard, alley, or other
public way or in or upon any public park, square, public
plaza, public recreational area or public building within
the City, provided however, that it shall not be unlawful
on any sidewalk, street or any other public place in the
City for any person to hand out or distribute any commercial
or non commercial handbill or other hand distributed
advertisement to any person willing to accept it.
SECTION 2: It shall be unlawful for any person to
drop, deposit, or distribute any commercial or non commercial
handbill or other hand distributed advertisement in or upon
any private premises within the City, except by handing and
transmitting any such handbill or advertisement directly
to the owner, occupant or other person then present in or
upon such private premises, or by so placing or depositing
said handbill or advertisement so as to secure and prevent
same from being blown or carried about by the elements from
any said premises to other public or private place.
This Section does not apply to those commercial or
0 non commercial handbills or other hand distributed advertisements
which the owner or occupant of the premises has given
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permission to be delivered to the owner or occupant of the
premises or for which the owner or occupant of the premises
has otherwise contract for, solicited for, or otherwise
authorized the placing or depositing of said handbills or
advertisement upon the premises. Nor does it apply to
newspapers. Newspapers being defined for the purpose of
this Ordinance as: "A publication usually in sheet form
intended for general circulation and published regularly at
short intervals, containing intelligence of current events
and news of general interest."
SECTION 3: It shall be unlawful for any person to
place or deposit any commercial or non commercial handbill
or other hand distributed advertisement upon any vehicle
not his own, or in his possession, upon any public street,
highway, sidewalk, road, allety within the City of Van Buren,
providing, however, that it shall not be unlawful upon any
such street or other public place for a person to hand out
and distribute to the receiver therefor, any handbill to any
occupant of the vehicle that is willing to accept it.
SECTION 4: Any person found guilty of violating any
provision of this Ordinance shall be deemed guilty of a
misdeameanor and, upon conviction thereof, shall be fined in
an amount not more than $500.00 for each violation, or double
that sum for each repetition of such offense or violation,
and if the act is continuous in nature, in any sum not more
than $250.00 for each day which the same shall be unlawfully
continued.
SECTION 5: Should any portion of this Ordinance be
unconstitutional or invalid and is so declared by a Court
of competent jurisdiction, then the remainder of this
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Ordinance, any and remaining application of this Ordinance,
shall not be affected by such partial unconstitutionality or
validity.
SECTION 6: That due to the vast amount of handbills
and other pamphlets being left on the public and private
portions of the City of Van Buren, Arkansas, caused by the
above actions of persons, an emergency does therefore exist
in that this Ordinance is necessary for the preservation of
the public peace, health and safety of the individual
inhabitants of Van Buren, Arkansas, and therefore shall be
in full force and effect after its passage, approval and
publication.
PASSED and APPROVED this 'day of gdA__e_A 2
1983.
APPROVED:
42/1
ATTEST: