Sec. 3-1. - Penalty for violations of article.

Where no specific penalty is provided for a violation of any provision of this article, such violation shall constitute a Class 4 misdemeanor and shall be punishable as such.

Sec. 3-2. - Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

Aircraft. The word "aircraft" shall mean any contrivance now known or hereafter invented, used or designed for navigation or flight in the air. Such word shall include helicopters and lighter-than-air dirigibles and balloons.

Commercial handbill. The term "commercial handbill" shall mean 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:

(1)

Which advertises for sale any merchandise, product, commodity or thing; or

(2)

Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(3)

Which 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 clause 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 meetings, 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 which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause 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 under any provision of this Code or other ordinance of the city; or

(4)

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

Handbill. The word "handbill" shall mean any commercial handbill or noncommercial handbill.

Newspaper. The word "newspaper" shall mean any newspaper of general circulation, as defined by general law, any newspaper duly entered with the United States postal service 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 published with less than four (4) issues per year, and sold to the public.

Noncommercial handbill. The term "noncommercial handbill" shall mean 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 of literature not included in the definition of a commercial handbill or newspaper.

Private premises. The term "private premises" shall mean 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, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

(Ord. No. 178, § 2; Ord. No. 1754, § 1; Code 1961, § 20-16)

Sec. 3-3. - Posting advertising matter on public buildings, utility poles or trees.

(a)

No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, on or to any public building or structure or any utility pole or tree located on any public street, alley, sidewalk or other way, except as may be authorized or required by law.

(b)

Signs or posters erected or placed by the police department or the public works department, notifying the public that trees have been sprayed, are excluded from the provisions of this section.

(c)

This section shall not apply to signs, posters, advertisements or flags erected or placed by charitable organizations during the period of fund raising campaigns, nor to special traffic safety posters distributed by the Tidewater Automobile Association, Peninsula Division, in connection with the opening of the public schools, if in the public interest, the city manager issues a permit to such organizations or association and provided written consent is secured from the owner of any pole or tree involved.

(Ord. No. 70, § 1; Ord. No. 178, § 15; Ord. No. 232, § 1; Code 1961, §§ 3-1, 20-28)

Sec. 3-4. - Distribution of advertising matter on or in street, sidewalk or public parking lot.

No person shall distribute, or cause to be distributed, any commercial handbill or circular, card, booklet, placard or other advertising matter whatsoever, in or upon any street or sidewalk or upon any public parking lot; provided, that nothing herein contained shall be deemed to prohibit or otherwise regulate the delivery of any such matter by the United States postal service or prohibit the distribution of newspapers. This section is not intended to prevent the lawful distribution of anything other than commercial and business advertising matter.

(Ord. No. 70, § 2; Code 1961, § 3-2)

Cross reference— General prohibition against advertising on parking lots, §§ 26-165, 26-185.

Sec. 3-5. - Deposit of advertising matter on street, sidewalk or public parking lot.

It shall be unlawful for any person to throw or otherwise deposit any handbill, poster or advertising matter upon the streets and sidewalks of the city or on any public parking lot.

(Ord. No. 70, § 3; Code 1961, § 3-3)

Sec. 3-6. - Painting or marking advertisements, signs, etc., on streets and sidewalks.

(a)

It shall be unlawful for any person to paint, print, stamp, stain or otherwise mark upon or build or construct, on the paved portion of any street or sidewalk in the city, any advertisement or sign, or any words, marks, figures or letters for any purpose whatsoever. Each day's failure to remove any such paint, mark, or sign, so unlawfully placed in or upon the sidewalks or streets, and failure to repair the same, after notice thereof, shall constitute a separate offense.

(b)

This section shall not apply to traffic signals placed or painted on the streets and sidewalks under the direction of city authority.

(c)

This section shall not apply to any sign painted, printed, stamped or otherwise marked upon the paved portion of any street or sidewalk in the city by the proper authorities of the armed forces of the United States denoting and indicating "off limits" premises. Such signs are expressly permitted, provided the form, size and lettering are approved by the city manager. The placing of any such signs shall be done by the authorities of the armed forces of the United States.

(d)

A violation of any provision of this section shall constitute a Class 3 misdemeanor.

(Ord. No. 70, § 7; Code 1961, § 3-7; Ord. No. 4626-94)

Sec. 3-7. - Posting advertisements on property of another.

No person shall put up any show bill, notice or advertisement, or brand or mark any sign, letters or characters upon any wall, building or fence or other property of another person, without first obtaining the consent of such other person.

(Ord. No. 70, § 4; Code 1961, § 3-4)

Sec. 3-8. - Depositing handbills on vacant premises.

No person shall throw or otherwise deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. No. 178, § 11; Code 1961, § 20-24)

Sec. 3-9. - Distributing handbills on occupied private premises.

(a)

No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case inhabited private premises are not posted, as provided in subsection (b) below, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private 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, except that mailboxes may not be so used, when prohibited by federal postal law or regulations. The provisions of this section shall not apply to the distribution of mail by the United States nor to the distribution of newspapers.

(b)

No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested, by any person thereon, not to do so, or if there is placed on such premises, in a conspicuous position near the entrance thereof, 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 the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbill left upon such premises.

(Ord. No. 178, §§ 12, 13; Code 1961, §§ 20-25, 20-26)

Sec. 3-10. - Dropping handbills from aircraft.

No person in an aircraft shall throw out, drop or deposit within the city any handbill.

(Ord. No. 178, § Code 1961, § 20—27)

Cross reference— Dropping litter from aircraft, § 19-29.

Sec. 3-11. - Operation of aircraft for commercial sound advertising purposes.

It shall be unlawful for any person to operate or cause to be operated any aircraft for commercial sound advertising purposes in or over the city.

(Ord. No. 70, § 8; Ord. No. 120; Ord. No. 230; Code 1961, § 3-10)

Sec. 3-12. - Use of loudspeakers, communication systems, etc., for advertising purposes.

(a)

It shall be unlawful for any person to operate any loudspeaker or communication system, for advertising purposes, whereby the sound therefrom may be heard beyond the boundary lines of the property upon which such loudspeaker or communication system is located.

(b)

It shall be unlawful for any person to operate, or cause to be operated, in any building, or upon any premises, or in any vehicles driven, drawn or parked along the streets of the city, any radio device, mechanical musical instrument, loudspeaker or communication system, whereby the sound therefrom is cast directly upon the streets of the city, where the same is operated for advertising purposes.

(c)

Notwithstanding the provisions of subsections (a) and (b) above, the city manager, in the public interest, may grant permits to radio and television mobile studios, operated by authorized radio or television stations, to originate off the street broadcasts and, in connection therewith, to operate outdoor loudspeakers, provided the sound, music or voice volume may not be heard beyond two hundred (200) feet from the loudspeaker and provided further that the broadcasts shall not be operated within five hundred (500) feet of any school, church or hospital. The city manager, in the public interest, shall designate the hours for such broadcasts, but in no event shall they be permitted between the hours of 9:00 p.m. and 7:00 a.m.

(Ord. No. 70, § 8; Ord. No. 120; Ord. No. 230; Code 1961, §§ 3-9, 3-11, 3-12)

Sec. 3-13. - Reserved.

Editor's note—

Ord. No. 4626-94, adopted June 28, 1994, repealed § 3-13 which pertained to advertising cures for venereal disease, lost vitality, etc. See the Code Comparative Table.

Secs. 3-14—3-23. - Reserved.