§ 15-35. Distribution of unsolicited materials.

(a)

As used in this section, the following definition are applicable:

Door hanger means i) a plastic or cardboard sign cut to hang from the handle or knob of a door, and/or ii) a bag supported by a rubber band, twist tie or other hanger, which contains materials and is hung from the handle or knob of a door.

Materials means newspapers, handbills, advertisements, or other similar paper materials, whether or not located inside a plastic or other wrapper or bag.

Solicited materials means materials specifically requested or purchased by the homeowner.

Unsolicited materials means materials not specifically requested or purchased by the homeowner.

(b)

It shall be unlawful for any person or entity, directly or through an agent, independent contractor, or employee, to distribute, throw, deposit or place, or cause to be distributed, thrown, deposited or placed, any unsolicited material on any right of way, yard, driveway or porch, or on any unoccupied vehicle within the City of Cocoa Beach. Unsolicited materials may be handed to any person, or may be hung on any handle or knob of any door.

(c)

It shall be unlawful for any person or entity, directly or through an agent, independent contractor, or employee, to deposit or place, or cause to be deposited or placed, any door hanger or unsolicited material on any handle or knob of any door earlier than 9:00 a.m. on any day and after 6:00 p.m., during the months of standard time, and after 7:00 p.m. during the months of daylight savings time, unless the person or entity has the express permission of the property owner or resident prior to actions.

(d)

The provisions of this section shall not apply to door hangers or materials left by any governmental representative, the U.S. Postal Service, or by any recognized delivery service such as Federal Express, UPS, or similar services.

(e)

Any person who violates or fails to comply with any provisions of this section "littering" shall be subject to the following:

(1)

The issuance of Class V citation in accordance with the provisions of City Code chapter 30; or,

(2)

Enforcement by other means including, but not limited to: a summons; a notice to appear in the county or circuit court; an arrest; an action before the special magistrate/code enforcement board; or a civil action for injunctive relief; or,

(3)

Punished in accordance with general penalty set forth in chapter 1, section 1-8 of this Code.

(Ord. No. 1618, § 2, 4-5-2018)