Division 1 — REGULATION OF WRITTEN MATERIALS

6421. • DEFINITIONS.

For the purpose of this Division, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

A.

"City Clerk" means the City Clerk of the City of Arcadia, or the authorized designee thereof.

B.

"Distribute" means the act of throwing, casting, or scattering, or causing the same to be done.

C.

"Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.

D.

"Refusal register" means the most recent edition of the unsolicited written material refusal register maintained by the City Clerk in accordance with this Division.

E.

"Unsolicited written material" means written material that is distributed to a business or residence in the absence of a subscription agreement.

F.

"Written material" means any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter.

A.

The City Clerk shall maintain a list of those businesses and residences whose occupants have submitted a written expression of their unwillingness to receive unsolicited written material. Such list shall be known formally as the "Refusal Register." Occupants listed on the register as not willing to receive unsolicited written material may specify whether they wish to receive no unsolicited written material at all, or may specify from whom they do or do not wish to receive unsolicited written material. Occupants may also include the name or names of minors under the care and custody of such occupants at the particular residence.

B.

The City Clerk shall update the refusal register on a quarterly basis throughout the year. The City Clerk shall remove any occupant or any minor under the occupant's care and custody at a particular residence from the refusal register upon the request of such occupant.

C.

The City Clerk shall provide a free copy of the refusal register to any person so requesting.

It is unlawful for any person to distribute unsolicited written material in violation of the following regulations:

A.

Unsolicited written material shall not be distributed to any business or residence that is listed on the most recently updated refusal register as one who does not wish to receive written materials from the person attempting to so distribute.

B.

Unsolicited written material shall not be distributed to any business or residence that contains a "no solicitation" sign conspicuously posted on, or near, the entrance or front door of the business or residence.

C.

Unsolicited written material shall not be distributed by any person to any business or residence that contains unremoved unsolicited written material of the same person where such unsolicited written material is reasonably visible from the public right-of-way.

D.

Unsolicited written material shall not be distributed to any business or residence at any location other than at the doorknob or doorstep of such premises.

E.

All unsolicited written material shall have printed thereon, or affixed in legible form, the name, address and telephone number of the person responsible for the distribution of the unsolicited written material, together with a legible notice informing the recipient that anyone who does not desire to receive such unsolicited advertising material may so notify the person responsible for the distribution thereof or the City Clerk in writing.

F.

Upon receipt of a notice pursuant to subsection E of this section, the person responsible for distribution of any unsolicited written material shall not distribute any further unsolicited written material in contravention of such notice.

G.

It is unlawful for any person to distribute unsolicited written material unless he or she has, upon his or her person, a copy of the most recently updated copy of the refusal register, or the information contained in the most recently updated refusal register.

H.

The provisions of this chapter shall not apply to the following:

The distribution of United States mail, telegrams or other matter preempted by state or federal law; or

The posting or leaving of legally required notices; or

Distribution of any notices or other written material by persons employed by or acting at the behest of the City of Arcadia, the State of California or the Federal government; or

Any written material which the occupant or owner has expressly requested in writing.

I.

All unsolicited written material that is distributed in violation of this Division is designated as litter and a nuisance pursuant to Government Code Section 38771.

J.

Any person violating any provision of this Division, or failing to comply with any of its requirements, shall be deemed guilty of either a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code.

(Division 1 amended completely by Ord. 2138, adopted 11-21-2000)