Carmel-by-the-Sea Municipal Code Ch. 9.44 Distribution of Handbills

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.

"Handbill"

means and includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet, or any other printed matter or literature.

B.

"Person"

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

(Ord. 235 § 1, 1940; Code 1975 § 1010)

It is unlawful for any person, either directly or indirectly, to deposit, place, throw, scatter, or cast, any handbill in or on any public thoroughfare, park, ground or other public place within the City; the provisions of this section shall not prohibit the handing, transmitting or distributing of any handbill to any person willing to accept such handbill.

(Ord. 235 § 2, 1940; Code 1975 § 1011)

It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast, any handbill in or upon any automobile or other vehicle; the provisions of this section shall not prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle.

(Ord. 235 § 3, 1940; Code 1975 § 1012)

It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, leave, scatter or cast any handbill in or upon any private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building, or any other private property after the person has been informed by the owner, occupant, tenant or other person having control of the private property that the handbill is not wanted. Such person shall be deemed informed that the handbill is not wanted if a sign is posted near the front or main entrance door or in any other place where such person would reasonably be expected to notice it, stating "No Handbills," or some other similar statement. Such person shall have an affirmative obligation to look for a "No Handbills" sign before leaving a handbill. These provisions shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of said vestibule, house, resident, building, or other private property.

(Ord. 235 § 4, 1940; Ord. 82-8 § 1, 1982; Code 1975 § 1013)

If handbills are distributed, deposited, placed, thrown, scattered or cast on a repeat basis so that more than one handbill accumulates, such handbills remaining in the place left on the private property for two days or more shall be deemed to mean that the owner, occupant, tenant or other person having control of the property does not want the handbill. The two-day or more accumulation of handbills shall be removed by the person making repeat distribution, and failure to remove the handbills shall be an infraction. Distribution of further handbills to private property where handbills have remained in the place left for two days or more shall be an infraction.

(Ord. 82-8 § 2, 1982; Code 1975 § 1013.1)

It is lawful for the owner or the occupant of any property to place a sign in a conspicuous place near the entrance thereof indicating that no handbills are desired, and it is unlawful for any person to go upon the premises so posted and distribute, deposit, place, throw, scatter, or cast any handbill.

(Ord. 235 § 5, 1940; Code 1975 § 1014)

The provisions of this chapter shall not apply to the distribution of the United States mail nor to the delivery of any handbill to any person who has requested delivery of same.

(Ord. 235 § 6, 1940; Code 1975 § 1015)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $300.00 or by imprisonment in the City jail or the County Jail of Monterey County for not more than three months, or by both such fine and imprisonment; and every day during any portion of which any of the provisions of this chapter shall be violated, or during which there shall be a failure, neglect or refusal to comply with any of the provisions, shall constitute a separate misdemeanor, and shall be punishable as provided in this chapter.

(Ord. 235 § 8, 1940; Ord. 236 § 1, 1940)