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SECTION 11.32 LICENSING OF DISTRIBUTION OF PRINTED MATTER ON PUBLIC WAYS

No person shall place or cause to be placed any unattended bundles of printed matter upon any sidewalks, footwalks, or crosswalks.

No person, firm, corporation, association, partnership, trust, or other type of entity shall distribute, place, install, or deliver any non-political fliers advertising the sale of retail goods or services to any residential homes in the City of Malden, without obtaining a written permit therefor from the Public Works Commission. The application for the permit shall fully and specifically describe the name and address of the applicant, the exact date or dates said distributions will take place, the manner by which said materials shall be affixed, held in place or distributed, at said residences, and a general description of the contents, together with a statement indicating the way and manner notices shall be given to said applicant in the event residents of the City do not wish to receive said materials. Application fees on an annual or daily basis shall be determined by the Public Works Commission, which fees will be reasonably related to the costs of processing said application. The form of application shall be approved by the City Solicitor. The Public Works Commission shall either grant such permit or deny the application for a permit upon a finding that the issuance of such a permit would lead to the creation of a nuisance, would litter the public ways of Malden and the residences of Malden, or would otherwise endanger the public health, safety, or order. The applicant shall agree to take reasonable steps to avoid littering of public ways and residences of Malden and to comply with requests that deliveries not be made at certain streets or houses.

The Public Works Commission may impose conditions upon the permit, but said conditions may only relate to compliance with applicable laws, ordinances, or to public safety, health or order or to steps required to be taken to guard against creation of a nuisance or to insure adequate safety or security for the public. Violation of the terms and conditions of this ordinance shall be punishable by fines and penalties as provided in Chapter 1.13 and said violation shall be cause for cancellation, suspension, revocation or modification of the permit, after hearing, upon three days written notice, sent registered or certified mail, to the name and address set forth in the application.