Alhambra Municipal Code Ch. 5.36 Handbills and Circulars

ADVERTISING or COMMERCIAL ADVERTISING as used in this chapter shall mean matter calling attention to any product, business enterprise, person, firm, corporation, business activity or service, except religious, charitable, public or political affairs or programs.

('86 Code, § 5.36.010) (Ord. 3796, passed - - )

(A) It shall be unlawful for any person to distribute, place or throw upon any street, alley or public place or upon any private yard, lawn, drive-way, sidewalk, porch or steps of any residence or upon or in any part of any structure or upon any vacant property in the city any handbill, dodger, circular, booklet or other notice of commercial advertising.

(B) Nothing in this section shall prohibit the distribution and delivery of notices of commercial advertising where bona fide requests for such delivery are secured from the owners or occupants thereof and are on file with the person distributing such advertising. Such requests shall be produced for inspection to any peace officer.

(C) Nothing in this section shall prohibit the distribution of actual goods or merchandise; provided, however, the distributor has first obtained a license therefor from the Director of Finance pursuant to the applicable provisions of Title 5 of this code.

('86 Code, § 5.36.020) (Ord. 3796, passed - - ) Penalty, see § 5.36.070

(A) Newspapers. Nothing in this chapter shall prohibit the distribution and delivery of any newspaper which is capable of being entered as second class matter under the provisions of the United States Post Office Regulations of March 3, 1879, and other United States statutes; any newspaper of general circulation adjudicated as such under the statutes of the state; any paper designed principally and primarily for the dissemination of news and information concerning public affairs as opposed to commercial advertising material; any newspaper as that term is from time to time construed to the statutes, court decisions and laws of the land; or any paper the circulation of which is only secondarily or incidentally for commercial advertising purposes.

(B) Distribution of newspapers on posted premises. No person shall distribute any of the newspapers authorized by division (A) of this section upon any premises if the person in possession thereof has requested the newspaper distributor involved, or has filed with the City Clerk a request not to so deliver. The person in possession of the premises shall be deemed to include any person whose regular residence or place of business is upon such premises.

(C) Record of list-distributors to check. It shall be the duty of the City Clerk to keep a list of the premises that the persons in possession thereof have indicated to the City Clerk that the distribution of any such newspaper is not desired at such premises. It shall be the duty of any person authorizing or directing the distribution of any such newspaper to secure a copy of this list from the City Clerk. He or she shall ascertain on a quarterly basis from the City Clerk any changes in this list prior to the distribution of any such newspaper.

(D) City or telephone directories. Nothing in this chapter shall prohibit the distribution and delivery of any city or telephone directory.

(E) Utility bills. Nothing in this chapter shall prohibit the distribution and delivery of any utility bill.

('86 Code, § 5.36.030) (Ord. 3796, passed - - )

It shall be unlawful for any person to distribute any commercial advertising sample, handbill, dodger, circular, booklet or any other advertising notice in the city unless such person, or his or her principal, shall have been duly licensed as provided by § 5.36.050.

('86 Code, § 5.36.040) (Ord. 3796, passed - - ) Penalty, see § 5.36.070

Licenses required by the preceding section shall be issued by the Director of Finance only upon the payment of fees as established by City Council resolution.

('86 Code, § 5.36.050) (Ord. 3796, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

It shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.36.060) (Ord. 3796, passed - - )

Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any action is declared to be unlawful, the violation of any such provision is declared to be an infraction and shall be punishable in the manner and to the extent provided for in § 1.12.011 of this code.

('86 Code, § 5.36.070) (Ord. 3796, passed - - )