§ 2313.021. Unauthorized removal of free print publications.

A.

Definitions. As used in this section:

(1)

"Print publication" shall mean any publication made available to the public on a periodic basis (whether daily, weekly, monthly or quarterly), regardless of whether a fee is charged for the publication.

(2)

"News-rack" shall mean any self-service or coin-operated box, container, storage unit, or other designated space, used, or maintained for the display and sale or distribution of print publications.

(3)

"Storefront" shall mean any property attached or adjacent to a business, including but not limited to grocery or convenience stores, where a person would reasonably expect print publications to be placed for the use of the business.

(4)

"Bundle" shall mean a quantity of print publications gathered or bound together by a publisher or distributor for the purpose of distribution to its intended audience.

(5)

"Bundle drop location" shall mean a place where bundles are placed for distribution by authorized delivery persons merchants, or retailers.

B.

Prohibitions.

(1)

Provided there is a notice on the print publication or the news-rack that removal or taking of more than five (5) copies is illegal, it shall be unlawful for any person to remove or take more than five (5) copies of a print publication from any news-rack or bundle drop location for any purpose, including but not limited to: (i) depriving others of the opportunity to read or enjoy such printed publication, or (ii) selling, trading, or bartering such print publication to anyone for any payment, without prior authorization from the publisher.

(2)

Provided there is a notice on the print publication or the news-rack that removal or taking of more than five (5) copies is illegal, it shall be unlawful for any person, other than the storefront's business owner or the storefront owner's authorized agent, to remove or take more than five (5) copies of a print publication from any storefront for any purpose, including but not limited to: (i) depriving others of the opportunity to read or enjoy such printed publication, or (ii) selling, trading, or bartering such print publication to anyone for any payment, without prior authorization from the publisher.

C.

Penalty. Whoever violates this section is guilty of unauthorized removal of free printed publications, a misdemeanor of the fourth degree

(Ord. No. 1409-2009, § 1, 12-14-2009)