ORDINANCE NO. 9260

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER XIV, ARTICLE 1, SECTIONS 14-113,  14-114, AND 14-115 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE DISTRIBUTION OF HANDBILLS, AND REPEALING EXISTING SECTIONS 14-113, 14-114, AND 14-115.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1: Chapter XIV, Article 1, Section 14-113 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

14-113             DEPOSITING HANDBILLS ON UNINHABITED PREMISES.

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

SECTION 2: Chapter XIV, Article 1, Section 14-114 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

14-114             PROHIBITING DISTRIBUTION OF HANDBILLS WHERE PROPERLY POSTED.

                        No person shall throw, deposit, or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone there not to do so, or if there is placed on said 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 said premises do not wish to be molested, to have their right of privacy disturbed, or to have any such handbills left upon such premises.

SECTION 3: Chapter XIV, Article 1, Section 14-115 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended to read as follows:

14-115             DISTRIBUTING HANDBILLS AT INHABITED 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 any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. In case of inhabited private premises which are not posted as provided in Section 14-114, such person, unless requested by anyone upon such premises not to do so, may place or deposit any handbill in or upon such inhabited private premises, if such handbill is 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. Mailboxes may not be used when so prohibited by federal postal law or regulations.

(B)       The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers which shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place, or upon private property.         

SECTION 4. Existing Sections 14-113, 14-114, and 14-115 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, are hereby repealed, it being the intent of the Governing Body that the provisions of this ordinance supersede them.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.

SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of June 2016.

APPROVED:

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Mike Amyx

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish once and return one Proof of Publication to the City Clerk and one to the City Attorney.