is not merely a possible by-product of the activity, but is created by the medium of expression itself. In contrast to Schneider, therefore, the application of the ordinance in this case responds precisely to the substantive problem which legitimately concerns the City. The ordinance curtails no more speech than is necessary to accomplish its purpose.
State law: |
New York | New York, N.Y. Veh. & Traf. Law § 375(b) (2005) |
(b) Every such motor vehicle shall be equipped with suitable wipers or other device which shall clear a sufficient area of the windshields to provide reasonable driving vision. | |
(i) The use or placing of posters or stickers on windshields or rear windows of motor vehicles other than those authorized by the commissioner, is hereby prohibited. In a city of one million or more, there shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any handbill or other form of advertisement attached to a windshield or windshield wipers of a motor vehicle shall be in violation of the provisions of this subdivision relating to the prohibition against attaching to windshields and windshield wipers, handbills and other forms of advertisements. | |
... | |
(iii) ... The attaching to windshields and windshield wipers of handbills and other forms of advertisements, is hereby prohibited. | |
Territory law: |
Virgin Islands | 19 V.I.Code Ann. § 1563(10) (2004) |
No person shall— | |
... | |
(10) place or deposit any commercial or non-commercial handbill upon any vehicle not his own or in his possession. | |
City ordinances: |
Albany | Albany, Ga., Code of Ordinances, § 3.22 (2004) |
It shall be unlawful for any person to throw or deposit any handbill in or upon any vehicle without the owner's consent. | |
Atlanta | Atlanta, Ga., Code of Ordinances, § 6–2 (2005) |
Sec. 6–2. Placing advertising matter in or upon motor vehicles. | |
It shall be unlawful for any person, without the consent of the owner or person in charge of a motor vehicle which is parked on a public street, to place on or inside that parked motor vehicle any placard, handbill, card or advertising matter. | |
Beach Park | Beach Park, Ill., Municipal Code, § 9.20.110 (2003) |
9.20.110. Distribution of handbills on streets or vehicles. | |
No person shall distribute, cast, throw or place in or upon or along any of the streets, alleys or private places, whether upon any public place or upon any private property in the village, any handbills, pamphlets, circulars, books or advertising for the purposes or with the intent of advertising or making known any business, occupation, profession, medical treatment, medicine or any thing whatsoever. | |
Bullhead City | Bullhead City, Ariz., Municipal Code, § 9.12.070(A) (2005) |
9.12.070. Handbills. | |
A. It is unlawful for any person to deposit, place or throw any handbill in or upon any city street or park, or upon an automobile or other vehicle located within the city, or to deposit, place or throw any handbill in or upon any other public place, except for handbills handed directly to a person who consents to receiving such handbill. | |
Calexico | Calexico, Cal., Municipal Code, § 5.56.120 (2004) |
Sec. 5.56.120. Distribution in or upon vehicles prohibited—Exception. | |
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. | |
Carlsbad | Carlsbad, Cal., Municipal Code, § 8.28.055(a) (2005) |
Sec. 8.28.055. Depositing handbills on vehicles in parking lots prohibited. | |
(a) It is unlawful for any person to place, throw or deposit any handbill in or upon any vehicle in a public parking lot or to place, throw or deposit any handbill in or upon any vehicle in a private parking lot without the written permission of the owner, or the person entitled to immediate possession, or the authorized agent of either. Said written permission shall be presented to a peace officer upon request. | |
Carpinteria | Carpinteria, Cal., Municipal Code, § 9.20.030 (2005) |
9.20.030. Placing in or on vehicles prohibited when. | |
No person shall throw, distribute, or place in or on any automobile or other vehicle in the city, any handbills, dodgers, circulars, newspapers, papers, booklets, posters, or any other printed matter or advertising literature without first having obtained the permission of the owner or person in possession thereof. | |
Cathedral City | Cathedral City, Cal., Municipal Code, § 5.20.050 (2004) |
5.20.050 Placing commercial handbills in or on vehicles prohibited. | |
No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any automobile or other vehicle. | |
Charlotte | Charlotte, N.C., Charter and Code of Ordinances, § 15–1(b) (2004) |
Sec. 15–1. Distribution of handbills, advertisements, letters, pamphlets or other materials. | |
(b) It shall be unlawful for any person to deposit in, paste on, or attach to any motor vehicle any handbills, advertisements, cards, circulars, leaflets, folders, banners, letters or pamphlets or to cause such materials to be deposited in, pasted on or attached to any motor vehicle, without the consent of the owner. Nothing contained in this subsection shall prohibit the attachment to a motor vehicle of a citation or public safety information issued or published by or on behalf of the city. | |
Cheyenne | Cheyenne, Wy., City Code, § 8.52.070 (2005) |
Section 8.52.070. Unlawful, depositing on uninhabited or vacant premises—Placing on vehicles. | |
Throwing or depositing of handbills upon uninhabited or vacant private premises is not allowed, nor shall any person throw or deposit any handbill in or upon any motor vehicle. | |
Chino | Chino, Cal., Municipal Code, § 9.64.030(A) (2005) |
9.64.030. Distribution of handbills and/or samples on motor vehicles strictly prohibited. | |
A. Any person who places, or allows, directs or causes another to place, handbills in or about any motor vehicle shall be guilty of a misdemeanor. | |
Cleveland | Cleveland, Oh., Charter & Codified Ordinances, § 613.12 (2004) |
Section 613.12. Placing Commercial and Noncommercial Handbills on Vehicles | |
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, it shall not be unlawful in any public place unless specifically prohibited by the controlling governmental agency for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. | |
Coachella | Coachella, Cal., Municipal Code, § 5.32.110 (2003) |
5.32.110. Placing handbills in and on vehicles. | |
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. | |
Commerce City | Commerce City, Colo., Code of Ordinances, § 13–12(b) (2005) |
Sec. 13–12. Placement of advertisements and other printed materials. | |
(b) Any handbill, poster, placard or printed material placed under windshield wipers or affixed to a vehicle without the permission of the owner, agent or occupant of the vehicle shall be deemed a nuisance. | |
Cotati | Cotati, Cal., Municipal Code, § 9.48.020 (2004) |
9.48.020. Vehicles. | |
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it. | |
Duarte | Duarte, Cal., Municipal Code, § 5.32.130 (2005) |
5.32.130. Distribution on motor vehicles. | |
No person shall distribute, or cause to be distributed, any advertising matter by placing the same in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the state, which is parked upon any public street, alley or public parking area, or upon any such vehicle parked upon any private property. | |
El Monte | El Monte, Cal., Municipal Code, § 9.04.060 (2004) |
Sec. 9.04.060. Handbills. | |
No person shall place or affix any commercial advertising handbill, leaflet, dodger or other printed commercial advertisement of any kind on any vehicle parked in any public place or parked on any privately owned parking lot open to the public without the express written consent of the owner or person in lawful possession of the vehicle or property. | |
Escondido | Escondido, Cal., Municipal Code, § 16–96 (2005) |
Sec. 16–96. Manner of distributing handbills. | |
No handbill or advertising shall be thrown, placed or distributed upon any yards, sidewalks, automobiles, streets, parking lots or elsewhere so as to litter or make untidy any such place. | |
Fillmore | Fillmore, Cal., Municipal Code, § 15.20.030 (2004) |
15.20.030. Placing in vehicles. | |
It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast, any handbill in or upon any automobile or other vehicle; the provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle. | |
Flagstaff | Flagstaff, Ariz., City Code, § 6–06–001–0008(C) (2002) |
Section 6–06–001–0008. Posting of Handbills on Public and Private Property | |
C. Vehicles: No Person shall deposit any Handbill upon any vehicle on a Public Place without the express consent of the owner or person in control of such vehicle. | |
Gardena | Gardena, Cal., Municipal Code, § 12.08.020 (2004) |
Sec. 12.08.020. Distribution of advertising. | |
It is unlawful for any person to cast, scatter and strew, i.e. litter, in the city to or among any other persons in, along, or upon any public street, highway, alley, park, depot or any other public place or into or upon any automobile or other vehicle or conveyance of another person or into or upon any mailbox, porch, yard or any portion of any premises within the city any handbill, poster, dodger, pamphlet or paper containing printed or typewritten matter or advertising or other notice or advertisement. | |
Glendora | Glendora, Cal., Municipal Code, § 5.16.040 (2004) |
5.16.040. Putting handbills in vehicles. | |
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. | |
Huntington | Huntington Park, Cal., Municipal Code, § 5–1.03 (2003) |
Park | Sec. 5–1.03. Putting handbills in or on vehicles. |
(a) No person, either directly or indirectly, shall distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. | |
Jersey City | Jersey City, N.J., Municipal Code, § 81–10 (2005) |
§ 81–10. Placing handbills in or upon vehicles prohibited. | |
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. | |
La Habra | La Habra, Cal., Municipal Code, § 5.12.040 (2005) |
5.12.040. Placing in or upon vehicles. | |
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. | |
La Mesa | La Mesa, Cal., Municipal Code, § 10.12.030 (2005) |
10.12.030. Automobiles. | |
No person shall throw, distribute, or place in or on any automobile or other vehicle in the City any handbill, dodger, circular, newspaper, paper, booklet, poster, or any other printed matter, advertising literature or product without first having obtained the permission of the owner or person in possession thereof. | |
La Plata | La Plata, Md., Municipal Code, § 132–10 (2005) |
Section 132–10. Distribution of handbills. | |
B. Placing commercial and noncommercial handbills on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a noncommercial handbill to any occupant of a vehicle who is willing to accept it. | |
Las Vegas | Las Vegas, Nev., Municipal Code, § 6.42.145 (2005) |
6.42.145. Distribution on or in motor vehicles. | |
(A) No person shall deposit, fasten, throw, scatter, cast or place any commercial or noncommercial handbill: | |
(1) In or upon any vehicle that is parked on any public street or on any property that is owned by the City; or | |
(2) In or upon any vehicle parked in or upon any private property that provides multiple spaces for parking vehicles. Such property shall, without limitation, include such locations as parking garages, shopping centers, shopping malls, outdoor theaters, drive-in restaurants, gasoline service stations, apartment and housing developments and complexes, casino and other types of parking lots and any other place where provision is made for vehicles to stop or park in designated areas for any purpose. | |
(B) The provisions of Paragraphs (1) and (2) of Subsection (A) of this Section shall not be deemed to prohibit in any public or private place the distribution of any commercial or noncommercial handbill by hand delivery to the owner or other occupant of any vehicle who is willing to accept the handbill without payment therefor. | |
Madison | Madison, Wis., Code of Ordinances, § 23.04 (2004) |
23.04. Distribution of Commercial and Advertising Matter Prohibited. | |
(2) It shall be unlawful for any person, firm, or corporation, except the owner, to place or cause to be placed in or upon any automobile standing on the streets, alleys, or public places in the City of Madison for advertising purposes any commercial, dodger, card, pamphlet, sticker, tag, or paper of any kind. | |
Menlo Park | Menlo Park, Cal., Municipal Code, § 8.36.010 (2005) |
8.36.010. Distributing on streets and automobiles. | |
Except as provided hereafter, no person shall, upon any public street, parking plaza, sidewalk or park, deposit or place on vehicles any handbill or any other type of printed or written advertisement. This section shall not prohibit the distribution of written or printed matter devoted to the expression of views, opinions, beliefs or contentions relating to religious or political subjects, or to public or civic affairs, or which treats of any social or economic order, or which is aimed at the redress of any grievance, or which otherwise is not distributed for the purpose of soliciting business or trade. | |
Mishawaka | Mishawaka, Ind., Code, § 110.05 (2005) |
§ 110.05. Placing Posters on Vehicles. | |
It shall be unlawful for any person to place or deposit or in any manner to affix or cause to be placed or deposited or affixed to any automobile or other vehicle or other automotive vehicle, any handbill, sign, poster, advertisement, or notice of any kind whatsoever not provided by law, unless he be the owner thereof, or without first having secured in writing the consent of the owner thereof. | |
Mundelein | Mundelein, Ill., Municipal Code, § 9.56.060 (2005) |
9.56.060. Handbill distribution. | |
(b) Placing on Vehicles. No person shall place or deposit any commercial or noncommercial handbill in or upon any vehicle while such vehicle is parking or standing on any street or other public place within the village. It is not unlawful in any public place within the village for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. | |
Nashville | Nashville & Davidson County, Tenn., Charter and Related Private Laws and Code of Laws of the Metropolitan Government of Nashville and Davidson County, Tennessee, § 10.24.040 (2005) |
10.24.040. Handbills—Distribution on vehicles. | |
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. Provided, however, that it is not unlawful in any public place for a person to hand out or distribute to the receiver thereof, a commercial or noncommercial handbill to any occupant of a vehicle who is willing to accept it. | |
Quincy | Quincy, Mass., Municipal Code, § 9.12.020 (2003) |
Section 9.12.020. Advertisements—Distribution. | |
No person shall distribute or circulate, or cause to be distributed or circulated, any handbills, cards, posters or flyers in or upon any public street, way or place of the city by placing the same in or upon any automobile or other vehicle standing in any such street, way or place, except upon permission duly granted in writing by the chief of police. A copy of such handbill, card, poster or flyer so proposed to be distributed or circulated shall accompany the application for such permit, and no such permit shall be construed to allow the throwing or scattering of such handbills, cards, posters or flyers in or upon the streets named in the permit. | |
Petersburg | Petersburg, Alaska, Municipal Code, § 9.12.150 (2005) |
9.12.150. Handbills—Placing on vehicles prohibited. | |
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial or commercial handbill to any occupant of a vehicle who is willing to accept it. | |
Philadelphia | Philadelphia, Penn., Code of Ordinances § 10–711 (2005) |
§ 10–711. Placing Commercial and Non–Commercial Handbills on Vehicles. | |
(1) No person shall place or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, that it shall not be unlawful for any person to distribute, without charge, a non-commercial handbill to any occupant of a vehicle who is willing to accept it. | |
Portland | Portland, Or., City Code § 16.70.510 (2005) |
A. It is unlawful for any person to ride or trespass upon or within any motor vehicle without the consent of the owner or operator thereof. | |
B. It is unlawful for any person to post, stick, or place upon or within any motor vehicle any card, notice, handbill, leaflet, pamphlet, survey, or similar matter without the consent of the owner or operator. | |
C. The provisions of this Section do not apply to any card, notice, handbill, leaflet, pamphlet, survey, or similar matter placed upon or within such motor vehicle by authority of law, by an authorized officer of the City, County, or State or by a designee of the City Traffic Engineer. | |
San Antonio | San Antonio, Tex., Charter and Code of Ordinances, § 21–5 (2004) |
Sec. 21–5. Throwing handbills in parked vehicles. | |
It shall be unlawful for any person to throw, place or deposit, or cause to be thrown, placed or deposited, any circular, dodger, handbill or other advertising or printed matter of any character whatsoever, in or on any vehicle parked or standing upon or along any street or other public place within the city, without the express consent and permission of the owner or person in charge of the vehicle. |
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