11-5-2: DEFINITIONS:
As used in this chapter:
COMMERCIAL HANDBILL: Means and includes any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter which:
A. Advertises for sale any goods, merchandise, product, commodity, service, or thing, including, but not limited to, real property, the improvements thereon, or any interest therein; or
B. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; or
C. While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor; or
D. Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of any profit or gain; provided, however, that the terms of this chapter shall not apply where an admission fee is charged or a collection is taken solely for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event; or
E. Which is not covered by the definition of a sign in section 9-15-5 of this Code.
A newspaper is not a commercial handbill.
DISPENSER: Any self-service or coin operated box, container, rack, stand, unit or other dispenser installed, placed, located, used or maintained for the display, dissemination or distribution of commercial handbills.
DISTRIBUTE: The act of handing, or attempting to hand, disseminating, giving away, throwing, depositing or scattering handbills.
FULLY ENCLOSED BUILDING: That portion of a structure contained fully within the exterior walls of a building. The term "fully enclosed buildings" shall not include decks, porches, carports, areas under roof overhangs, or any other area not contained totally within the exterior walls.
MOTOR VEHICLE: Any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.
NEWSPAPER: Means and includes a printed publication, the primary purpose of which is to provide comprehensive and detailed information regarding state, local, national or world news, and which may be free or may be sold for a fee. The term "newspaper" as used in this chapter shall include any newspaper of general circulation as defined by the statutes of the State of Colorado; and, in addition thereto, any periodical or current magazine regularly published not less than four (4) issues per year, and sold to the public. No publication, no matter how frequently published, shall be considered as a newspaper under this chapter unless it is qualified for second class mail privileges under applicable regulations of the United States postal service; but the mere fact that a publication qualifies for such privileges shall not be determinative of the classification of such publication as a newspaper under this chapter. No publication below shall be deemed to be a newspaper under this chapter; these include, without limitation:
A. A publication which contains more than seventy five percent (75%) advertising in more than one- half (1/2) of the issues published during any twelve (12) month period.
B. A publication owned or controlled by individuals or business concerns and conducted as an auxiliary to and essentially for the advancement of any business or calling of those who own or control such publication.
C. A publication that has only a token list of subscribers and which prints advertisements free for advertisers who pay for copies to be sent to a list of persons furnished by the advertisers.
As used in this definition, the term "advertising" includes all material for the publication of which a valuable consideration is paid, accepted, or promised, which calls attention to something for the purpose of getting people to buy it, sell it, seek it, or support it. Additionally, if the publication advertises its own business, goods or services, or any other business of the publisher, whether in the form of display advertising or editorial or reading matters, such shall be deemed to be "advertising".
NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed matter or literature not included in the definitions of a sign, or a commercial handbill or a newspaper.
PRIVATE PROPERTY: Any real property which is designated or used primarily for private purposes.
PUBLIC PROPERTY: Means and includes the full width of all streets, sidewalks, alleys, avenues, lanes and other public ways owned or controlled by the town or the public; all public parks, public grounds or public buildings; and the full width of all public easements or rights-of-way, including, but not limited to, snow stack easements. (Ord. 24, Series 1991; amd. Ord. 3, Series 2019)