Calexico Municipal Code Ch. 5.56 Handbills and Signs

To protect people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in Section 5.56.020, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof and, to that end, the purposes of this chapter are specifically declared to be as follows:

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

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

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

D. To protect the people against the menace to their property during their absence therefrom due to the unlawful activities or operations of dissolute persons of criminal habits or tendencies made aware of the absence of the people from their premises by the accumulation of advertising matter and handbills during such absence;

E. To preserve to the people their 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 promiscuous distribution of advertising and commercial circulars and the right to deliver commercial and noncommercial handbills to all who are willing to receive the same.

(Ord. 626 § 1 (part), 1968: prior code § 4025)

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Commercial handbill" means and includes 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 which:

1. Advertises for sale any merchandise, product, commodity, or thing; or

2. Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales; or

3. 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 terms of this subdivision 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 performances, 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; provided that contained in this subdivision 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 under any ordinance of the city; or

4. While containing reading matter other than advertising matter, is predominantly 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.

B. "Handbill distributor" means and includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.

C. "Newspaper" means and includes any newspaper which:

1. Has for its principal purpose the dissemination of local or telegraphic news and intelligence of a general character,

2. Is printed and published at regular intervals,

3. Has a bona fide subscription list of paying subscribers within the city and is principally distributed only to paying subscribers; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

D. "Noncommercial handbill" means and includes 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 definitions of a commercial handbill or a newspaper contained in this section.

E. "Person" means and includes any person, firm, partnership, association, corporation, company or organization of any kind.

F. "Private premises" means and includes any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, hallway, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure, and any vacant lot or other private property.

G. "Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

(Ord. 626 § 1 (part), 1968: prior code § 4025.1(a)—(g))

A. Number. Words singular in form may include the plural; and any words plural in form may include the singular.

B. Gender. Words in the masculine gender shall include the feminine and neuter genders.

(Ord. 626 § 1 (part), 1968: prior code § 4025.1(h))

It is unlawful for any person to engage in the business of a handbill distributor for hire, or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this chapter and all other relevant laws and regulations; provided that nothing contained in this chapter shall apply to any person advertising his business or activity upon his own premises, if such business or activity is regularly established at a definite location in such city, and also if a license has been obtained therefor, if such license is required under the terms of any applicable law or ordinance.

(Ord. 626 § 1 (part), 1968: prior code § 4025.7(a))

Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire shall make application to and receive from the director of finance a license in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of this code and ordinances. Such applicant shall make written application to the director of finance upon a form or forms provided for such purposes by the director of finance. Such form shall contain, among other things that may be required, the name, the business, address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which this applicant seeks to engage in such business.

(Ord. 626 § 1 (part), 1968: prior code § 4025.7(b))

License fees under the terms of this chapter and for any such purpose, shall be as follows:

A. For a period of one year, the sum of one hundred dollars,

B. For a period of six months, the sum of fifty dollars,

C. For a period of one day, the sum of ten dollars; provided that persons acting for licensees, as agents or employees, in the distributing of any such handbills shall not be required to obtain a license or pay a fee, but each such person shall comply with each and all of the other provisions of this chapter and be subject thereto.

(Ord. 626 § 1 (part), 1968: prior code § 4025.7(d))

Without excluding other just grounds for revocation, the city council or city manager may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations, or for violation of this chapter, or any other grounds specified by law. Such application shall be accompanied by the fee provided for in Section 5.56.060. No license issued under this chapter shall be transferrable. If any such license is surrendered by the licensee therein named, or is revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of such fee.

(Ord. 626 § 1 (part), 1968: prior code § 4025.7(c))

Every handbill distributor shall maintain on file the written consent of each person within the city who has consented to the distribution of handbills in or upon the premises owned by him, or of which he is a resident or occupant, and shall make such records available for the inspection thereof by the director of finance or his representative at a convenient place within the city, at any reasonable hour, upon the request of the director of finance or his representative.

(Ord. 626 § 1 (part), 1968: prior code § 4025.6)

Editor's note— Section 4 of Ord. No. 1121, adopted Aug. 17, 2010, repealed § 5.56.090, which pertained to permission required for erection of billboards, and derived from prior Code § 4021; and Ord. 626, adopted in 1968.

It is unlawful for any person, firm or corporation to tack or otherwise affix any materials of any nature on any electric power or telephone pole when such is located on any sidewalk, street or public way.

(Ord. 626 § 1 (part), 1968: prior code § 4022)

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

(Ord. 626 § 1 (part), 1968: prior code § 4025.2)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial 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 willing to accept the same.

(Ord. 626 § 1 (part), 1968: prior code § 4025.3)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial handbills upon any private premises without having first obtained the written consent of the owner, or an adult resident or occupant thereof, except that the same may be personally delivered to anyone present on the premises who is willing to accept the same. Nothing contained in this section shall prevent the distribution of a noncommercial handbill upon a private premises, unless said property is specifically posted prohibiting the distribution of said handbills. If any such handbills are placed or deposited upon such premises, pursuant to the provisions of this section, they shall be so placed or deposited as to secure or prevent such handbills from being blown or drifted about such premises or elsewhere.

(Ord. 626 § 1 (part), 1968: prior code § 4025.5)

It is unlawful for any person to 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.

(Ord. 626 § 1 (part), 1968: prior code § 4025.4)

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

A. 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 of this state 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. Is offensive to public morals or decency, or which contains blasphemous, obscene, libelous or scurrilous language.

(Ord. 626 § 1 (part), 1968: prior code § 4025.9)

This chapter shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing solicitors, 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 in this chapter.

(Ord. 626 § 1 (part), 1968: prior code § 4025.10)

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 this chapter.

(Ord. 626 § 1 (part), 1968: prior code § 4025.8)

The violation of any provision of this chapter shall be deemed a misdemeanor and be punishable upon conviction by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 626 § 1 (part), 1968: prior code § 4025.13)