Sec. 42-400. Distributing handbills and newspapers at private premises.

(a) No person shall throw, deposit, or distribute any handbill or newspaper in or upon private premises which are inhabited unless:

(1) any such handbills or newspapers are wrapped, bound or secured in such a manner as to prevent them from being carried or deposited by the elements upon public or private property; and

(2) any such handbills or newspapers are placed at any of the following locations or in any of the following manners:

a. anywhere on the private premises with the express consent of the owner or occupant,

b. at the front door step,

c. hung or placed on the front door knob or handle,

d. hung on a hook placed for the purpose of receiving handbills or newspapers,

e. placed in a secondary mailbox or other reception device intended for handbills or newspapers and not the U.S. Mail, or

f. by handing directly to a person present in or upon such private premises.

 

(b) (1) No person shall throw, deposit, or distribute any handbill or newspaper in or upon private premises when the owner or occupant specifically requests in writing no handbill or newspaper delivery by any means be made to his or her premises, and such writing has been provided to the publisher and/or distributor of such handbill or newspaper.

(2) A publisher of a newspaper or handbill may, at its own expense, conduct an annual mail and/or direct delivery survey of occupants of residences without curbside mailboxes. If such a survey is conducted, and

 

a. a survey card is mailed or delivered to each such residence annually; and

 

b. the survey card clearly states the occupant’s right to refuse delivery of the publisher’s publication; and

c. the survey card clearly states the occupant’s right to immediately stop delivery of the publisher’s publication; and

d. the survey card is preaddressed to the publisher, with postage prepaid or guaranteed,

then unless the occupant has previously requested no delivery under Section (b)(1) above, the publisher may assume express consent exists to deliver the newspaper or handbill in the private driveway of occupants who do not return the survey card which states the occupant’s desire to discontinue delivery of the publication.

(c) This section shall not apply to the distribution of mail by the United States Postal Service.