Burbank Municipal Code Art. 3 Handbills

The following words and phrases, whenever used in this article or in Section 3-1-104 of this code, shall be construed as defined in this section:

COMMERCIAL HANDBILL: Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

A. Which advertises for sale any merchandise, product, commodity, or thing; or

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

C. 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. The provisions of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this definition shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State or ordinance of this City; or

D. 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 advertiser or distributor.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or 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 aforesaid definition of a “commercial handbill”.

OCCUPANT: Any person occupying premises as owner or tenant. In case of multiple occupancy, that portion of the premises shared in common by the occupants shall be deemed occupied by the owner or lessor of the premises.

PRIVATE PREMISES: Any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential 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. [Formerly numbered Section 3-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

The provisions of this article shall not be deemed to apply to the distribution of mail by the United States, nor to the distribution of handbills on premises or any portion of premises upon which such activity may be conducted as a constitutional right or as a right protected by law. [Formerly numbered Section 3-15; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

No person shall distribute, hand out, sell, deposit, place, throw, or scatter any commercial or noncommercial handbill in or upon any street; provided, however, that it shall not be unlawful for any person to distribute or hand out, without charge to the receiver thereof, any commercial or noncommercial handbill in any street to any person willing to accept such commercial or noncommercial handbill. [Formerly numbered Section 3-16; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3590, eff. 01/05/02.]

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle; provided, however, that 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 willing to accept the same. [Formerly numbered Section 3-17; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. [Formerly numbered Section 3-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by the occupant not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, an appropriate sign indicating in any manner that the occupants of the premises do not desire to have their right of privacy disturbed or to have such handbills left upon the premises. [Formerly numbered Section 3-19; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

No person, whether licensed under the provisions of this code, or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or any other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in Section 3-1-306 of this article, the aforesaid licensed or other person, unless requested by the occupant of such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be so used when so prohibited by Federal postal laws or regulations. [Formerly numbered Section 3-20; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

It shall be unlawful for any person to distribute, deposit, place, throw, or scatter a commercial or noncommercial handbill at any house or residence in the City between the hours of sunset and nine o’clock (9:00) A.M. or to go from house to house or from residence to residence between said hours for the purpose of distributing, depositing, placing, throwing or scattering commercial or noncommercial handbills. [Formerly numbered Section 3-21; Amended by Ord. No. 3590, eff. 01/05/02; 3437; 3058.]

No person shall engage in the business of distributing commercial or noncommercial handbills for hire without obtaining a permit from the Community Development Department. Every person engaging in the business of distributing commercial or noncommercial handbills for hire shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution; provided, however, that persons acting as

agents or employees of permittees or licensees hereunder in the distributing of handbills shall not be required to obtain a permit or license or pay a license fee, but each such person shall comply with the provisions of this code covering the distribution of handbills. [Added by Ord. No. 3623, eff. 6/28/03; Amended by Ord. No. 3828, eff. 8/24/12.]