Carpinteria Municipal Code Ch. 9.20 Distribution of Handbills

The council finds and determines that the entire community of the city and a considerable number of citizens are adversely affected by persons, without consent, indiscriminately throwing, casting, distributing, scattering and depositing handbills, dodgers, circulars, newspapers, booklets, posters, printed matter, and advertising literature upon public and private property. Such acts, contrary to Sections 9.20.020 through 9.20.040, are declared to constitute a public nuisance.

(Prior code § 4127)

No person shall throw, cast, distribute, scatter, deposit or place upon any public place within the city, including, but not limited to, streets, alleys, public parks, and school grounds any handbills, dodgers, circulars, newspapers, papers, booklets, posters, or any other printed matter or advertising literature of any kind; provided, however, the same may be personally delivered to persons who are willing to accept the same.

(Prior code § 4127.1)

No person shall throw, distribute, or place in or on any automobile or other vehicle in the city, any handbills, dodgers, circulars, newspapers, papers, booklets, posters, or any other printed matter or advertising literature without first having obtained the permission of the owner or person in possession thereof.

(Prior code § 4127.2)

A. In addition to the prevention of litter, this section has the following two purposes:

1. To protect the privacy of citizens from the delivery of newspapers, commercial handbills, and noncommercial handbills to which citizens have objected in the manner prescribed in subsection B of this section; and

2. To protect citizens during extended absence from their residences against the visible accumulation of newspapers, commercial handbills, and noncommercial handbills that the citizens do not express or have not expressed a willingness to receive, and thus to lessen the risk that residences will be burglarized or vandalized during the absence of the occupants.

B. No person shall distribute, circulate, deliver, or deposit any newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill, or noncommercial handbill upon any private premises:

1. If the owner or occupant thereof not more than one year previously has notified the distributor of the same not to deliver it to the premises of the objecting owner or occupant. Such notification shall be sent by registered or certified mail, postage prepaid, return receipt requested and shall include the name of the objecting owner or occupant, the address where no distribution is to be made, the declarant's capacity to make such objection, and the name of the newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill or noncommercial handbill not to be distributed. Such notification shall become effective upon delivery of the return receipt to the objecting owner or occupant. Any objection sent to a distributor pursuant to this subsection shall expire and become void upon the beginning of residence or occupation of the premises by any person other than the objecting resident or occupant; or

2. If requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing", "No Peddlers or Agents", "No Advertisement", or any similar notice, indicating in any manner that the occupants of such premises do not desire to have their right of privacy disturbed or to have any such material left upon their premises; or

3. If the resident or owner of the private property objects to the distribution of the same, and files with the city clerk a written declaration of such objection, which shall include his name, the address where no distributions are made, the declarant's capacity to make such objections, and the name of the distribution to which he objects. The city clerk shall maintain on file all objections by residents to the distribution of any newspaper and shall have available on the first Monday of each month, for the benefit of all distributors, a list of addresses of those persons having filed objections to the distribution of newspapers. Such list shall contain the name of the specific newspaper objected to and the address where no such distributions are to be made. It shall be the duty of each and every distributor of a newspaper to secure the monthly list of those objecting to the distribution of their newspapers and shall be held to have notice of such list as of the date such list is made available; or

4. In or upon any private premises which are known, or ought to be known by the distributor to be continuously uninhabited or vacant.

C. Any person who delivers, circulates, distributes or deposits any newspaper, circular, dodger, poster, advertising material, booklet, printed matter, commercial handbill or noncommercial handbill upon any private premises shall place the material distributed in such a manner that it will not blow, scatter or otherwise litter the premises.

D. If any other copy of any circular, dodger, poster, advertising material, booklet, printed matter, newspaper, commercial handbill or noncommercial handbill previously has been distributed, circulated, delivered or deposited upon the premises and has not been removed, any person who then distributes, circulates, delivers or deposits any such material shall not place it upon the premises in any manner that would cause or substantially cause the appearance of an accumulation of such materials visible from the street or sidewalk in front of the premises, and indicating or tending to indicate the recent or current absence of the resident or occupant for a period greater than forty-eight hours; provided, however, that this subsection shall not apply if the resident or occupant expresses or has expressed his willingness to receive the material that would cause or substantially cause such an appearance.

(Prior code § 4127.2)

The provisions of this chapter shall not apply to the distribution of the United States Mail.

(Prior code § 4127.4)