Buellton Municipal Code Art. I Private Handbill Distribution Systems

This article shall be known and referred to as the handbill regulations of the city of Buellton.

(Ord. 11-01 § 4, 2011)

The purpose of this article is to regulate and control the distribution of handbills of a commercial advertising nature.

(Ord. 11-01 § 4, 2011)

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Handbill.

Any sheet or sheets of paper, of a commercial advertising nature, bearing printed or photographic material and passed out by hand. This definition, however, shall not include any newspaper. This definition also shall not include any printed matter solicited by the occupants of the premises to which delivery is made.

Person.

Such private handbill distribution system and not its employees or agents.

Private Handbill Distribution System or Private Postal System.

That business which has been determined by the finance director to be engaged in distributing handbills of a commercial advertising nature in the city.

(Ord. 11-01 § 4, 2011)

In addition to the other sections of this chapter, a private handbill distribution system engaged in business in the city shall be subject to the following conditions:

A. It shall be bonded by a bonding company licensed to do business in the state. It shall deposit cash or a bond from a surety acceptable to and approved by the city council in the amount of $1,000. The terms of the bond shall include that the applicant shall comply fully with all the provisions of this code, the ordinances of the city and the statutes of the state regulating and concerning the business of handbill distribution systems. The bond shall insure against negligent or intentional harm caused to others by its employees or agents and shall indemnify and save harmless the city, its officers and employees from and against all claims, liability, suits, damages, costs, including reasonable attorney's fees, losses and expenses in any manner resulting from, arising out of, or connected with the conduct of the business of handbill distribution.

B. It shall cause its agents and employees, when distributing handbills, to collect all visible material previously distributed by such private postal system.

C. It shall cause its agents and employees to refrain from making deliveries at known vacant buildings.

D. It shall cause its agents and employees to deliver the handbills only by placing them on the doorknobs or otherwise harmlessly attaching them to the building. It shall not leave such handbills attached to a mailbox or mailbox post. It shall not leave such handbills in the open and unsecured in a way that the handbills can be scattered by the elements.

E. It shall cause its agents and employees to refrain from delivering handbills to any occupant who objects to such distribution and gives reasonable notice of such objection to the distributor.

F. No person shall distribute any handbill which does not have printed on the cover or face thereof or on the container thereof the name, address and phone number of the private handbill distribution system along with the following statement:

"For cancellation of this free subscription, telephone the private handbill distribution system and so advise."

In addition, the person, firm or organization causing the handbill to be distributed shall be clearly set forth herein.

(Ord. 11-01 § 4, 2011)

A. Every person who wishes to conduct a private handbill distribution system in the city shall apply to the finance director for a license. The applicant shall comply with Section 5.18.040(A) and pay the sum of $50, which sum is fixed as the annual license fee, prior to receiving approval from the finance director.

B. Upon approval of the finance director of an application for such license, the finance director shall issue to such applicant such license. Before commencing the conduct of such business, the application shall be approved and such license shall be issued by the finance director. This license is valid for a period of one year unless revoked pursuant to Section 5.18.060.

C. Every person carrying on the business of handbill distribution pursuant to a private handbill distribution system permit, issued pursuant to this chapter, shall pay the license fee required by subsection A of this section.

(Ord. 11-01 § 4, 2011)

In the event that such private handbill distribution system or its agents or employees violate any of the conditions specified under Section 5.18.040, the city council shall have the authority to revoke its permit forthwith.

(Ord. 11-01 § 4, 2011)

In addition to the regulations contained in this article, the city council may, from time to time by resolution, adopt additional regulations establishing fees for permits hereunder, and otherwise providing control of the distribution of handbills, which resolution shall have the full force and effect of law.

(Ord. 11-01 § 4, 2011)