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§ 18-1 TITLE 10 — POLICE REGULATIONS § 18-2 Chapter 18 UNSOLICITED PUBLICATIONS Sec. 18-1: Definitions Sec. 18-2: Obligations of Publisher(s) and Distributor(s) Sec. 18-3: Removal of Unsolicited Publications Sec. 18-4: Removal/Proper Delivery of Poorly Delivered Publications Sec. 18-5: Exceptions Sec. 18-6: Penalty Sec. 18-1. Definitions. A. Deliver/Delivery. Distribute, deposit, dispose, disseminate, throw, cast or place, or cause or permit to Deliver, distribute, deposit, dispose, disseminate, throw, cast or place, a Publication, directly or indirectly by a Publisher or a Distributor, contractor, agent, employee or otherwise. B. Distributor. An entity or person who engages in the business of circulating or Delivering a Publication (including a newspaper). C. No Delivery. A request made by the owner or occupant of a premises within City limits to a Publisher or Distributor that an Unsolicited Publication of the Publisher not be Delivered to such owner’s or occupant’s premises. D. Publication. Any printed material, without regard to its content, whether printed in broadsheet, tabloid or other sheet or booklet form, and shall include without limitation a telephone directory, a catalog, a newspaper of general circulation, including a newspaper or newspaper advertising insert duly entered with the United States Postal Service in accordance with statute or regulation; any collection of advertising or solicitations appended together in booklet or magazine form; and any newspaper, telephone directory, catalog or other Publication distributed without recipient’s cost or subscription. E. Publisher. An entity or person who engages in the business of printing and issuing for circulation, or causing to be printed and issued for circulation, a Publication. F. Unsolicited Publication. A Publication to which no owner or occupant of the premises to which it is delivered currently subscribes or has not requested. (Ord. 2012-11, 06/18/2012; 2012-22, 11/19/2012) Sec. 18-2. Obligations of Publisher(s) and Distributor(s). A. Publisher. Every Publisher Delivering or causing Delivery of an Unsolicited Publication within the City shall do the following: 1. Provide reasonable methods, including but not limited to, facsimile, e-mail, regular mail, and hand Delivery, etc., to allow an owner and/or occupant of premises located within the City to communicate to the Publisher in written form that they do not wish to receive the Unsolicited Publication issued by the Publisher a No Delivery request). Notice of all such methods shall be regularly included in, on, or with the Unsolicited Publications issued by the Publisher. 2. Implement a process whereby the addresses of all persons making No Delivery requests pursuant to this Chapter are timely communicated to any and all applicable Distributors responsible for distributing the Unsolicited Publication issued by the Publisher. 3. Timely communicate the addresses of all persons making requests for No Delivery made pursuant to this Chapter to all applicable Distributors. 4. Implement and communicate to a person requesting No Delivery a process for tracking No Delivery requests made pursuant to this Chapter, including, by way of example, the assignment of a tracking number or some other reference system, in order to allow every person making such No Delivery requests to reference same in the event ---PAGE BREAK--- § 18-2 TITLE 10 — POLICE REGULATIONS § 18-5 there is the need for follow-up or for further communication. 5. Implement and utilize a process to timely follow up with all applicable Distributors to ensure compliance with No Delivery requests made pursuant to this Chapter. 6. Upon written request, provide the City with contact information for any applicable Distributor to allow the City to follow up with that Distributor on any complaint received by the City regarding Delivery of an Unsolicited Publication after making a No Delivery request pursuant to this Chapter. B. Distributor. 1. Any Distributor Delivering or causing Delivery of an Unsolicited Publications within the City shall: a. Implement and utilize a process for tracking and executing a Publisher’s direction regarding No Delivery requests made pursuant to this Chapter. b. Not Deliver to any owner’s or occupant’s premises where such owner or occupant has made a written request for No Delivery and such No Delivery request has been communicated to the Distributor by the Publisher pursuant to this Chapter. c. Upon written request, provide the City with facts and details related to complaints received regarding Delivery of an Unsolicited Publication after receiving a No Delivery request pursuant to this Chapter. d. Take corrective measures requested by the City after the City’s completion of investigation into complaints received regarding Delivery of an Unsolicited Publication after a No Delivery request pursuant to this Chapter. 2. In making Deliveries, Distributors shall place all Publications on the porch or within four feet of the main entrance(s) of the dwelling(s) or business(es) to which the Distributor intends Delivery. 3. Unsolicited Publications (other than those in properly located and maintained newspaper boxes or racks, placed on a porch; or within four feet of the main dwelling(s) entrance(s) to dwelling(s) and/or business(es) on the property) shall not be placed by Distributors on streets, sidewalks, public rights-of-way, or other public property and shall not be distributed by placing them at intervals along a block, or by placing several near the entrance to a multi-unit building, other than in direct relation to the number of Publications requested by the owners or occupants of the block or building. (Ord. 2012-11, 06/18/2012; 2012-22, 11/19/2012) Sec. 18-3. Removal of Unsolicited Publications. If the Unsolicited Publication can be located, the Distributor thereof shall remove any Unsolicited Publication Delivered in violation of this Chapter within twenty four (24) hours following notice and demand by the owner(s) or occupant(s) of the premises for such removal. (Ord. 2012-11, 06/18/2012; 2012-22, 11/19/2012) Sec. 18-4. Removal/Proper Delivery of Poorly Delivered Publications. If a Publication (whether or not Unsolicited) can be located, the Distributor thereof shall remove it or place it on the porch or within four feet of the main dwelling(s) or entrance(s) to dwelling(s) and/or business(es) on the property within twenty four (24) hours following notice and demand by the owner(s) or occupant(s) of the premises for removal or placement pursuant to this Chapter. (Ord. 2012-22, 11/19/2012) Sec. 18-5. Exceptions. A. This Chapter shall not regulate the content of any Publication or activities the City is prohibited from regulating by the First Amendment to the United ---PAGE BREAK--- § 18-5 TITLE 10 — POLICE REGULATIONS § 18-6 States Constitution or the Idaho Constitution. B. This Chapter shall not prohibit Delivery of a Publication or Unsolicited Publication by the United States Postal Service. C. Unless a person has duly requested “No Delivery” of an Unsolicited Publication, as defined by this Chapter, this Chapter shall not prohibit Delivery of a Publication by: 1. Handing or transmitting it directly to an owner or occupant then present on the property; 2. Placing it within a receptacle or container expressly maintained by the owner(s) or occupant(s) of property for the receipt of newspaper or other Publication; or 3. Placing it on the porch or within four feet of the main entrance(s) to dwelling(s) and/or business(es) on the property. D. Requests made by owners or residents for temporary cessation of Publication Deliveries are not regulated by this Chapter. (Ord. 2012-11, 06/18/2012; 2012-22, 11/19/2012) Sec. 18-6. Penalty. A. Each violation of this Chapter shall constitute a separate and independent violation from any other violation of this Chapter by the Publisher and/or Distributor. B. Each failure to remove an Unsolicited Publication within twenty four (24) hours following a notice and demand by the owner(s) or occupant(s) of the premises, shall constitute a separate infraction. C. Each failure to remove a Publication which has not been placed on the porch or within four feet of the main dwelling(s) or entrance(s) on the property within twenty four (24) hours following a notice and demand by the owner(s) or occupant(s) of the premises, shall constitute a separate infraction. D. Any person violating the provisions of this Chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punished pursuant to this Code and the Idaho Code. (Ord. 2012-11, 06/18/2012; 2012-22, 11/19/2012)