Unsolicited written materials, such as newspapers, can no longer be thrown in your driveway, ditch, or front lawn, starting July 1, 2025. While the ordinance passed by Daviess County Fiscal Court was originally expected to go into effect 60 days after its passage, the county officials agreed to delay the effective date by approximately 5 months after a request by a newspaper publisher.
Fiscal Court heard the first reading of the ordinance regarding the placement of unsolicited written material on public and private property during their meeting on November 21.
The ordinance said county officials were concerned about the “proliferation of litter and visual blight within the community” and that “deliveries of unsolicited written materials are being haphazardly made” in the county.
The ordinance outlines specific guidelines for distributing unsolicited written materials. It mandates that materials be placed on porches, secured to front doors, placed through mail slots, placed between an exterior door and interior door, left in designated distribution boxes, or delivered personally to the owner/occupant of the premises. The ordinance says failure to comply with these regulations would constitute a civil offense, subject to penalties ranging from $25 to $200 per violation.
In November, Judge-Executive Charlie Castlen emphasized the ordinance’s intent to address longstanding concerns about litter, noting he’s worked alongside State Senator Gary Boswell to remedy the situation.
“It is something that goes way back to when I was a City Commissioner. I was very concerned about it and wished we could address it,” Castlen said. “At that time, I was told we couldn’t touch it. Lexington-Fayette Urban County Government more recently passed something. It was challenged in court, and the court sided with the urban county government. Our verbiage, other than the names of the individuals or departments that will do the enforcing, is pretty much word for word what Lexington has on their books.”
Fiscal Court did not vote on the proposal in November because it was only the first reading of the ordinance.
Before they voted on Thursday following the second reading, County Commissioner Larry Conder made a motion to amend the ordinance’s effective date. Rather than going into effect 60 days after passage, he proposed an effective date of July 1, 2025.
During discussion about the motion to amend, Castlen said Fiscal Court members were contacted by Mike Weafer, group publisher for the Kentucky-Indiana region of Paxton Media Group, the Paducah-based company that owns the Owensboro Messenger-Inquirer.
Castlen said Weafer, who is also the publisher of the M-I, expressed concern about the proposed ordinance.
“I think (all the Fiscal Court members) all got a call from Mr. Weafer from the Messenger-Inquirer … He didn’t want (this ordinance) to be passed at all,” Castlen said. “He did ask that (the effective date) at least be extended out. He asked for a year. I told him I would see whether or not there was support on the Court for a year. We came up with July 1.”
Castlen added that the Fiscal Court doesn’t “mean any harm” with the ordinance.
“I’ve made it a point very clearly to Mr. Weafer in my conversations that we are not prohibiting the Messenger or anyone from delivering unsolicited information. It simply must be placed, as the ordinance specifies, essentially on the porch or attached to the door or inside a storm door.”
Weafer was not present at the meeting to comment.
Boswell was present and spoke before the vote on the motion to amend the effective date.
“I respect what you all have decided as far as the change in that (effective) date,” he said. “This has not been something that’s come up overnight. I’ve been concerned about this issue for almost 10 years. I’ve had multiple discussions with the people involved — the newspaper and even the hometown directory. I don’t guess it will hurt to have those 6 months. That probably just means it’s going to allow for some type of lawsuit. … There’s already been a lawsuit.”
Boswell added that he wants to remind everyone a lawsuit would be frivolous, noting the ordinance is modeled after the one passed by the Lexington-Fayette Urban County Government and upheld by the court.
The motion to amend the effective date passed unanimously, and the amended ordinance passed unanimously moments later.
The ordinance excludes materials distributed by the United States Postal Service and ensures property owners retain the right to restrict access to their premises. It also aligns with the existing Daviess County Property Maintenance Code.
