NUMB:
990265
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. PAWLINSKI
TITL:
A substitute ordinance relating to enforcement of regulations governing the distribution of commercial advertising material.
SECS:
79-12.5 cr
ANLS:
- Analysis -
Currently the department of neighborhood services, pursuant to s. 244-21 of the building code, is authorized to enforce regulations governing the distribution of commercial advertising material. This ordinance creates a section in volume 1 with the identical provisions of s. 244-21, thereby authorizing the police department and division of sanitation to enforce these regulations.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 79-12.5 of the code is created to read:
79-12.5. Distribution of Commercial Advertising Material. 1. WHERE PROHIBITED. a. It shall be unlawful for any person, firm or corporation, or for any officer, member, agent, servant or employe of any person, firm or corporation to distribute or place, or cause to be distributed or placed, any commercial advertising material in or upon any automobile, steps, lawn, yard, driveway or porch of any private building or residence, unless the advertising material shall be securely fastened in such manner so that the material will not likely be scattered or blown on or about the premises or onto adjacent lots or yards, or upon the sidewalks, streets, alleys and other public places within the city.
b. It shall be unlawful to distribute commercial advertising material at any residential building or residential dwelling unit where the owner or occupant has caused to be placed in a position clearly visible to the person making delivery an appropriate sign or notice, or by written notification, stating that no commercial advertising material may be placed on the property.
2. NAME AND ADDRESS REQUIRED. The name and post office address of the principal advertiser of the delivery service shall be required on all commercial advertising delivered to residential buildings or residential dwelling units in the city, unless such material is enclosed in a plastic bag, wrapper or other container which discloses the name and post office address of the principal advertiser or the delivery service responsible for delivering the material.
3. ADVERTISING, PLASTIC BAG REQUIREMENTS. Distribution of materials at any residential building or residential dwelling unit in a polyethylene or other type of flexible plastic container more than 4 inches in diameter shall be unlawful unless the container is ventilated with at least 2 holes not less than 1/4 inch in diameter and is one mill (0.001 inch) gauge or more in thickness.
4. EXCEPTIONS. The provisions of sub. 1-a and b shall not apply to the distribution of commercial advertising material via mail or newspaper.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
99160-2
lme
9/7/99