Bell Municipal Code Ch. 5.40 Handbill and Advertising Posting and Distribution

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Billposter"

means and includes any person engaging, whether for profit or not for profit, in the authorized posting, fastening, nailing, or otherwise affixing any written, painted, or printed matter of any kind, or other form or reproduction thereof, hereinafter called "sign," containing a message or information of any kind whatsoever, to any outdoor billboard, or to or upon any bridge, building, fence, pole, post, sidewalk, tree, or to or upon the exterior of any other structure.

"Commercial handbill"

means and includes any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

Which advertises for sale any goods, wares, merchandise, products, commodities, services, or things;

Which directs attention to any business, mercantile, or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales;

Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit;

Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as an advertiser or distributor; or

Which is not included in the provisions relating to signs in subsection A of this section.

"Handbill distributor"

means and includes any person, whether for profit or not, engaging or engaged in distributing commercial or noncommercial handbills, other than newspapers, as defined in subsection D of this section, whether or not the person receives compensation for such activity.

"Newspaper"

means and includes (1) any newspaper of general circulation, as defined by the general laws of the State of California, (2) any newspaper filed and recorded with any recording officer as provided by the general laws of the State of California, and, (3) any periodical or current magazine regularly published with not less than four issues per year and sold to the public; any of which are distributed to subscribers thereof.

"Noncommercial handbill"

means and includes any printed or written matter, any sample, device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the provisions relating to signs in subsection A of this section, the provisions relating to commercial handbills in subsection B, or to newspapers in subsection D.

"Private premises"

means and includes any dwelling, house, building, or other structure designed or used either wholly or in part for private residential or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

"Public place"

means and includes any and all sidewalks, crosswalks, curbs, streets, boulevards, avenues, lanes, alleys, or other public ways, any and all public parks, squares, spaces, plazas, grounds, and any and all light posts, telephone booths, public trees, railings, walls, fences or other public structures or buildings.

(Ord. 1152 § 1, 2003)

To protect the public against the nuisance of and incident to the indiscriminate posting and distribution of handbills and circulars, particularly commercial handbills, as defined in Section 5.40.010(B) of this chapter, with the resulting detriment and danger to the public health and safety, the public interest, convenience and necessity require the regulation thereof, and to that end the purposes of this chapter are specifically declared to be as follows:

A. To protect the public against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as solicitors, canvassers, or handbill distributors, by requiring the registration of all such solicitors, canvassers, or handbill distributors, together with the names of their employers, and by regulating handbill and advertising distribution through the imposition of reasonable regulations and permit fees;

B. To protect local residents against trespassing by solicitors, canvassers, or handbill distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter;

C. To protect the public against the menace to health and safety and the expense incident to the littering of the streets and public places by the indiscriminate and uncontrolled posting and distribution of advertising matter, commercial handbills and noncommercial handbills; and

D. To preserve to the public its constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order by distinguishing between the nuisance created by the indiscriminate posting and distribution of advertising, handbills and circulars and the right to deliver advertising, handbills and circulars to all persons who are willing to receive the same.

E. The city council declares that, in adopting the ordinance codified in this chapter, it is acting in its proprietary capacity as to public places within the city and in its police power capacity as to private property.

(Ord. 1152 § 1, 2003)

The provisions of this chapter shall not be deemed to repeal, amend, or modify any ordinance prohibiting, regulating, or licensing canvassers, hawkers, peddlers, transient merchants, or any person using the public streets or places for any private business or enterprise or for commercial sales not covered by the provisions of this chapter.

(Ord. 1152 § 1, 2003)

A. The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers, as defined in Section 5.40.010(D) of this chapter, nor to catalogs, business cards, or samples handed to persons willing to accept the same from any agents of any person licensed or permitted as solicitors by the city.

B. The provisions of this chapter shall not apply to any person advertising his or her business or activity upon his or her own premises if such business or activity is regularly established at a definite location in the city and if a license or permit, if required by any applicable law, has been obtained for such business or activity.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to engage in the activity of a billposter or a handbill distributor, or for any person to distribute commercial or noncommercial handbills, without first complying with the applicable permitting and regulatory provisions of this chapter and all other relevant laws and regulations.

(Ord. 1152 § 1, 2003)

A. Required. Except as provided by this chapter, any person or entity desiring to engage as principal, either in the activity of a billposter or handbill distributor of signs, commercial or noncommercial handbills, shall make application to, and receive from, the chief administrative officer, or designee, a permit in the manner and for the period prescribed by the provisions of this chapter, Chapter 5.16 of this code ("Business Permits Generally") and by all relevant provisions of this code.

B. Exception. Persons acting for permittees as agents or employees in the posting or distributing of any such signs or handbills shall not be required to obtain a separate permit or pay a separate fee; provided, however, each such person shall comply with, and be subject to, all the other provisions of this chapter.

(Ord. 1152 § 1, 2003)

A. The applicant for such permit shall make a written application to the chief administrative officer, or designee, upon a form provided for such purpose by the chief administrative officer. Such form shall contain, among other things which may be required, together with a request for a permit for the period for which the applicant seeks to engage in business, the following information:

1. The applicant's name;

2. The applicant's business address;

3. A brief description of the nature of the business to be conducted by the applicant; and

4. If the applicant is an individual, the name and business address of the applicant's employer, if applicable. If the applicant is a corporation, partnership, society or other organization, the names and addresses of those agents and employees to be engaged in advertising and distribution activity of the applicant.

B. Such application shall be accompanied by a fee as may be determined by resolution of the city council, from time to time. However, nonprofit individuals and religious, fraternal, public benefit and other not-for-profit organizations shall not be required to pay a fee to obtain a permit.

(Ord. 1152 § 1, 2003)

No permit issued pursuant to the provisions of this chapter shall be transferable.

(Ord. 1152 § 1, 2003)

A. The chief administrative officer, or his or her designee, within 30 days of receipt of a permit application, shall issue such permit unless it is found that: (1) the application contains a false or fraudulent statement knowingly made by the applicant with the intent to obtain a permit by means of false or fraudulent representations; (2) the application otherwise fails to comply with the provisions of this chapter; (3) approval of the application would pose a significant threat to the safety and welfare of citizens of the city; or (4) the applicant has had a permit revoked within the preceding three years.

B. The chief administrative officer or designee may suspend or revoke any permit obtained pursuant to an application containing a false or fraudulent statement knowingly made by the applicant with the intent to obtain a permit by means of false or fraudulent representations, or for the violation of the provisions of this chapter or any other provisions of this code, all in accordance with the procedures set forth in Chapter 5.16 of this code ("Business Permits Generally").

C. Where the chief administrative officer denies a permit pursuant to this chapter, or where he or she suspends or revokes an existing permit, the applicant shall have the right to appeal from such decision to the city council in the time and manner set forth in Chapter 5.16 of this code.

(Ord. 1152 § 1, 2003)

A. Prohibition. No person shall post, stick, stamp, paint, or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement, sign or other paper or device calculated to attract the attention of the public to or upon any public place.

B. Exceptions. This section shall not apply to the following:

1. Announcements or advertisements of the city or another public entity's governmental acts or proposed acts, including agendas or public meetings;

2. Directories of city government or other governmental organizations and entities;

3. Official traffic signs, city signs, directional signs or signs to points of particular public interest;

4. Signs or notices posted or displayed by a public utility as permitted and required by the California Public Utilities Commission;

5. Any other signs or notices which may be authorized or required to be posted or displayed by a court of competent jurisdiction, duly empowered regulatory body, or the laws of the United States, the state of California or the city; and

6. Any sign authorized under a policy, if any, adopted by the city council.

C. Permit Required. Notwithstanding any other provision of this chapter, all billposters, as that term is defined in Section 5.40.010 of this chapter, that are authorized or required to post or display bills or signs as provided herein shall obtain a business permit to post or display such bills in the city as provided by this chapter.

D. Exception—Personally Attended Signs and Bills. The prohibitions contained in this section pertain to the posting or fixing of signs, bills, notices, and other material to or upon public places. This section shall not be deemed to prohibit the display of commercial or noncommercial message signage in or upon public places provided all of the following requirements are met:

1. The sign(s) must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within 10 feet of the sign at all times it is displayed. A personally attended sign may either be stand-alone or designed to be hung or attached to a public place provided that it is not permanently attached and is removed when no longer personally attended.

2. The sign(s) must be displayed only during the time period of sunrise to sunset.

3. The maximum aggregate size of all signs attended by a single person is 10 square feet.

4. The maximum size of any one sign which is personally attended by two or more persons is 30 square feet and aggregate size of all signs attended by two or more persons is 50 square feet.

5. The displayed signs may not be illuminated, inflated or inflatable or activated by moving air or gas.

6. Persons displaying signs may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by.

7. Persons displaying signs must comply with any other applicable signage regulations contained in this code.

(Ord. 1152 § 1, 2003; Ord. 1198 § 1, 2013)

It is unlawful for any person to post, hand out, distribute, or transmit any sign or any sign, commercial or noncommercial handbill:

A. Which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to, or the overthrow of, the government of the United States or the state of California by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages, or tends to encourage, a breach of the public peace or good order of the community; or

B. Which is obscene or offensive to public morals or decency.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any public place within the city, and it is unlawful for any person to hand out, distribute, or sell any commercial or noncommercial handbill in any public place; provided, however, it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person present and willing to accept such commercial or noncommercial handbill.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting, or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is present and willing to accept the same.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any premises which are temporarily or continuously uninhabited or vacant.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises if requested by any person thereon not to do so or if there is placed on such premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Soliciting," "No Advertisements" or any similar notice indicating in any manner that the occupants of such premises do not desire to be solicited or to have their right of privacy disturbed or to have any such handbills left upon such premises.

(Ord. 1152 § 1, 2003)

All persons issued a permit or otherwise authorized to distribute commercial or noncommercial handbills or newspapers upon premises pursuant to this chapter shall place or deposit such handbills or newspapers in such a way as to secure or prevent the same from being blown or drifted about such premises or elsewhere; provided, however, mailboxes shall not be used where so prohibited by federal postal laws or regulations.

(Ord. 1152 § 1, 2003)

It is unlawful for any person to distribute, deposit, scatter, hand out, or circulate any commercial or noncommercial handbill in any place under any circumstances, which handbill does not have printed on the cover, front, or back thereof the name and address of the following:

A. The person who printed, wrote, compiled, or manufactured such handbill;

B. The person who caused the same to be distributed; and

C. In the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers, or agents of the person sponsoring such handbill.

(Ord. 1152 § 1, 2003)

It is unlawful for the owner, lessee, occupant, or agent of any premises to permit any person, whether issued a permit or acting pursuant to the provisions of this chapter or otherwise, to post, affix, or otherwise attach to any building, structure, or fixture located upon such premises, whether such fixture is natural or artificial, any sign containing any matter prohibited by the provisions of this chapter.

(Ord. 1152 § 1, 2003)

Signs, bills and handbills which are posted or deposited in violation of this chapter may be summarily removed by the city upon discovery of the violation. Alternatively, when the owner of the sign, bill or handbill is known, the city may contact the owner thereof and the owner shall remove said signs, bills or handbills posted or deposited in violation of this chapter. If the city removed signs, bills or handbills, the city shall store such material for a period of 15 days and, if known, inform the owner thereof that his or her materials may be retrieved at a location identified by the city.

(Ord. 1152 § 1, 2003)