§ 66-257. Distribution of printed matter.

(a)

The purpose of this section is to provide for the protection and promotion of the public health, safety, and welfare by regulating the distribution of unsolicited printed matter, that can negatively impact residents' quality of life, safety, and health of neighborhoods; disturb the peaceful possession of property; because such unsolicited materials facilitate the accumulation of filth, sewerage, garbage, refuse, and debris; and contribute to damaging private and public property, including but not limited to clogging catch basins, drainage canals, and other drainage lines.

(b)

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Front door means a door to any residential structure on residential property that faces a street or private street. If no such door faces a street or private street, then the front door is the door nearest to a street or private street;

(2)

Residential property means any property used wholly or in part for residential purposes or for short-term rentals, whether inhabited or vacant;

(3)

Solicited printed matter means any printed matter that is delivered to any residential property with the express invitation or express permission in writing or otherwise of an owner of the residential property or other authorized representative; and

(4)

Unsolicited printed matter means any printed matter that is delivered to any residential property without the express invitation or express permission in writing or otherwise of an owner of the residential property or other authorized representative.

(c)

Unsolicited printed matter:

(1)

It shall be unlawful for any person to cause unsolicited printed matter to be deposited upon any residential property that is included on the city's "Do Not Toss" List, described in subsection (d), except through one of the following methods:

(i)

Placing and securing it at the entryway nearest to the front door;

(ii)

Attaching it securely to the front door;

(iii)

Putting it through a mail slot on or near the front door;

(iv)

Putting it in between the exterior front door and the interior front door; or

(v)

Handing it personally to the owner of the residential property or other authorized representative.

(2)

Notwithstanding the provisions of subsection (c)(1), it shall not be unlawful for a person to:

(i)

Deposit unsolicited printed matter into a receptacle lawfully located affixed upon any street or public place, provided said person is authorized to deposit such unsolicited printed matter into said receptacle.

(ii)

Distribute unsolicited printed matter by handing it to any person who accepts it.

(d)

"Do Not Toss" List:

(1)

The City of New Orleans shall maintain a "Do Not Toss" List of residential property addresses where the owner of the residential property or their representative has requested that the city prohibit the depositing of any unsolicited printed matter, except through the methods provided in subsection (c)(1).

(i)

When the department of code enforcement deems a property to be abandoned, vacant, or blighted, the city may include that address on the "Do Not Toss" List.

(2)

The city will create and regularly update a website featuring the "Do Not Toss" List, so as to provide the public with ready access to the accurate and current list. Upon request, the city shall distribute a date-referenced copy of the "Do Not Toss" List to any publisher or distributor of printed matter.

(e)

Enforcement:

(1)

The City of New Orleans is authorized to adopt rules and regulations for the proper administration and enforcement of this section, especially with respect to continuous or systematic violations at a residential property or neighborhood.

(2)

Each instance when unsolicited printed matter is unlawfully deposited on a residential property shall constitute a separate violation.

(f)

This provisions of this section shall not apply to the following:

(1)

The distribution of mail by the United States Postal Service or private courier service; or

(2)

The distribution of solicited printed matter.

(M.C.S., Ord. No. 27946, § 1, 12-20-18)