In May of 2017, the City enacted an ordinance that prohibits the delivery of written materials by throwing items from vehicles, making it a form of littering. In April 2018, after a Federal Court of Appeals upheld a similar law in the State of Kentucky, City Council passed an ordinance that further tightens the requirements for the delivery of unsolicited written materials to homes in Upper Arlington.
Codified Ordinances § 537.06, specifies where on a property unsolicited written materials such as advertising packets must be delivered:
- On a porch near the door
- Securely attached to the front door
- Through a mail slot in the door, if applicable
- Between the exterior front door and interior front door
- Where permitted, in a distribution box located on or adjacent to the premises
- Securely attached to a hook or within some other receptacle used for the delivery of non-U.S. Mail packages or materials
- Personally to the owner, occupant and/or lessee of the premises
The ordinance places liability on the businesses behind the distribution, allowing the City to target the source of the problem rather than just the individual employees making the deliveries. In addition, the resident maintains the right to restrict entry to the premises if he or she so desires.
Violation of this law is considered an unclassified misdemeanor, punishable by a fine of $250 per violation. Businesses responsible for delivery persons who are not following the City’s rules can also be held liable for littering.
If you experience a violation in the delivery of unsolicited materials, call the Police Division at 614-459-2800. An officer will come to the residence to take a report and see first-hand where the material was dropped.