Chapter 116 — ADVERTISING

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL HANDBILL. Any handbill which is distributed for the primary purpose of advertising for sale or lease, goods, wares, merchandise or services or any other commercial activity.

HANDBILL. A printed (including all forms of reproduced writing) paper or circular, which is circulated or distributed, other than by the United States Postal Service, for the purpose of advertising for sale or lease, goods, wares, merchandise or services, or soliciting order therefor or drawing attention, or soliciting support or opposition, to any public issue or political figure or party, partisan or nonpartisan. HANDBILL includes samples of goods, wares and merchandise. HANDBILL does not include newspapers.

NEWSPAPER. A periodical published primarily for the dissemination of news and intelligence of a general character, which is printed and published at regular intervals.

NONCOMMERCIAL HANDBILL. Any handbill other than a commercial handbill.

PERMIT. A permit required pursuant to this subchapter for the distribution of commercial handbills. RESIDENTIAL PROPERTY. Any real property located within this city which is, pursuant to Chapter 153, classified in any of the R Zones, or any property which is, notwithstanding its zoning classification, utilized for residential dwelling purposes.

('83 Code, § 5.32.010)

(A) No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill in or upon any residential property within this city without first obtaining a permit therefor in the manner prescribed in this subchapter. Nor shall any person distribute or circulate or cause to be circulated or distributed any commercial handbill in or upon any residential property in the city, except in compliance with the provisions of this subchapter. (B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.32.020) Penalty, see § 10.99

The City Manager shall not accept an application for a handbill distribution permit from any person unless the following requirements are met:

(A) That a filing and processing fee as set by resolution of the City Council has been paid.

(B) That a valid business license for the business of handbill distribution, in the name of such applicant, is in effect, or the fee has been paid contemporaneously with the filing of the permit application; provided, that no filing and processing fee shall be required for a handbill distribution permit, if the distributing of handbills is limited to advertising a business, which has a valid business license, issued by the city. ('83 Code, § 5.32.030)

Notwithstanding the issuance of a permit under this subchapter, no person shall circulate, distribute or cause to be circulated or distributed, any commercial handbill on any residential property within the city which has conspicuously posted, thereat or thereon, a sign or other visible notice, which prohibits solicitation or the delivery of handbills in or upon such premises.

('83 Code, § 5.32.040)

Each commercial handbill distributed within the city, pursuant to this subchapter, shall bear, conspicuously thereon, the name, address and city permit number of the distributor.

('83 Code, § 5.32.050) Penalty, see § 10.99