Cupertino Municipal Code Ch. 10.52 Distribution of Handbills and Advertisements

It is unlawful, except as otherwise provided in this chapter, for any person, firm or corporation to place, distribute or throw, or cause to be placed, distributed or thrown, upon any street, alley or public place or upon any private yard, lawn, driveway, sidewalk, porch or steps of any residence, or upon or in any part of any structure or in any receptacle designed for receiving mail, or upon any vacant property, or upon or in any automobile, within the City, any advertising sample, handbill, dodger, circular, booklet or other notice of commercial advertising; provided, that nothing in this section shall be deemed to apply to, nor prohibit the distribution and delivery of, any newspaper which is capable of being, and is, entered as second class matter under the provisions of the United States Post Office Regulations of March 3, 1879, and other United States Statutes.

(Ord. 1383, 1986; Ord. 1372, § 1, 1986; Ord. 167, § 1, 1961)

No common carrier shall deliver newspapers, handbills, papers or posters in the City by leaving the same at any stopping place or in any street corner or elsewhere in the City unless such papers are bound, tied or fastened together in such a way or manner as will prevent the same from blowing and becoming scattered over the streets, alleys, parks, lots and lawns of the City.

(Ord. 167, § 2, 1961)

No person shall distribute in the City any commercial advertising sample, handbill, dodger, circular, booklet or other notice of such advertisement unless he shall file an application in writing therefor with the City Manager, giving the name and address of the applicant, a general description of the commercial advertising samples, handbills, dodgers, circulars, booklets or other notices of such advertisement proposed to be distributed, and shall agree to distribute such material in accordance with the provisions of this chapter.

(Ord. 167, § 3, 1961)

Any person desiring to obtain a permit to distribute in the City any commercial advertising sample, handbill, dodger, circular, booklet or other notice of such advertisement shall file an application in writing therefor with the City Manager, giving the name and address of the applicant, a general description of the commercial advertising samples, handbills, dodgers, circulars, booklets or other notices of such advertisement proposed to be distributed, and shall agree to distribute such material in accordance with the provisions of this chapter.

Any person aggrieved by the refusal of the City Manager to issue a permit may appeal to the council by filing a written notice of appeal with the City Clerk within five days after receiving actual notice of such refusal or after the mailing of such notice, whichever first occurs. After hearing the objections of such persons and giving due consideration thereto, the actions of the council shall be final and conclusive.

(Ord. 167, § 4, 1961)

The Council may at any time revoke any permit issued under the provisions of this chapter for failure to comply with the demand, request or notice of the owner, occupant or person in charge of the premises that no such commercial advertising matter be distributed on such premises.

(Ord. 167, § 5, 1961)

After obtaining any permit required by this chapter, the permittee shall obtain a business license in accordance with Section 5.04.280 of this code.

(Ord. 1822, (part), 1999; Ord. 167, § 6, 1961)

Any person who has obtained a permit from the City Manager to do so and has obtained the license required by Section 10.52.060 may distribute commercial advertising samples, handbills, dodgers, circulars or other notices of such advertisement in the City by placing the same on the porches or driveways or residences in a receptacle or device placed on such porch for that purpose, other than in mailboxes, if any such receptacle or device is there; or, if none is provided, and the handbill cannot otherwise be secured such that it does not damage the premises or blow about the property, then it must be handed to the owner or occupant of said premises.

(Ord. 1377, § 1, 1986; Ord. 167, § 7, 1961)

If the owner, occupant or person in charge of any residence, court, apartment, hotel or other premises forbids the distribution of commercial advertising samples, handbills, dodgers, circulars, booklets or other notices of such advertisement on the premises owned or occupied by him, or of which he is in charge, either by so advising the holder of any permit issued under the provisions of this chapter or any of his agents or employees, or by posting and maintaining a sign on said premises, reading “no handbills,” or words of similar import, it is unlawful for the holder of such permit, his agents or employees, to disturb the owner, occupant or person in charge of any residence, court apartment, hotel or other premises.

(Ord. 167, § 8, 1961)

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1179, § 2 (part), 1982; Ord. 584, § 1, 1973)