(A) Unsolicited written materials delivered to a premises shall be placed:
(1) Where permitted, in a distribution box located on or adjacent to the premises; or
(2) On a porch, if one exists, nearest the front door; or
(3) So such materials are securely attached to the front door; or
(4) Through a mail slot on the front door or principal structure, if existent, as permitted by the United States Postal Service Domestic Mail Manual, § 508 Recipient Services, Subsection 3.1.2; or
(5) Between the exterior front door, if existent and unlocked, and the interior front door; or
(6) Personally with the owner, occupant and/or lessee of the premises.
(B) Notwithstanding subsection (A) above, an owner, lessee or occupant maintains the right to restrict entry to his or her premises.
(C) Unsolicited written materials placed at a premises create a rebuttable presumption that the materials were placed at the premises by the owner, agent, manager, and/or authorized distributor of the business, product, good, service, message, or idea, which is being advertised, promoted, endorsed or conveyed in such materials.
(D) The provisions of this chapter do not apply to the United States Postal Service.
(E) Definitions. For purposes of this chapter, the following definitions shall apply:
FRONT DOOR. The street-facing entrance(s) to a principal structure. In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this chapter.
PORCH. An exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto.
PREMISES. A lot, plot or parcel of land including any structures, driveways, or other impervious surfaces thereon.
PRINCIPAL STRUCTURE. A structure, as that term is defined in the Land Development Code for All of Jefferson County, Kentucky, or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises.
UNSOLICITED WRITTEN MATERIALS. Any written materials, which are delivered to any premises, without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.
(F) Any placement of unsolicited written materials in areas on or adjacent to a premises other than as set forth in this section shall be a violation of this chapter, classified as a civil offense and enforced through the Code Enforcement Board ("Board") as provided in §§
32.275 et seq., or as it may be amended. The civil penalty shall be a minimum of $100 and a maximum of $200 for each violation.
(Lou. Metro. Ord. No. 87-2009, approved 6-25-2009)
