Downey Municipal Code Ch. 9 Handbills

For the purpose of this chapter, certain words and phrases are defined and shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.

(Added by Ord. 92, adopted 5-12-58)

"Commercial handbill"

shall mean and include 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 of literature:

(1)

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

(2)

Which 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)

Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind.

(Added by Ord. 92, adopted 5-12-58)

"Newspaper"

shall mean and include any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

(Added by Ord. 92, adopted 5-12-58)

"Non-commercial handbill"

shall mean and include 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 definitions of a sign, or a commercial handbill, or a newspaper.

(Added by Ord. 92, adopted 5-12-58)

"Private premises"

shall mean and include 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.

(Added by Ord. 92, adopted 5-12-58)

"Public place"

shall mean and include any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

(Added by Ord. 92, adopted 5-12-58)

No person shall deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this City or sell any commercial handbill in any public place; provided, however, that any person may hand out or distribute, without charge to the receiver thereof, any non-commercial handbill in any public place to any person willing to accept such non-commercial handbill.

(Added by Ord. 92, adopted 5-12-58)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing or any non-commercial handbill to the owner or other occupant of any automobile of other vehicle, who is willing to accept the same.

(Added by Ord. 92, adopted 5-12-58)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Added by Ord. 92, adopted 5-12-58)

No person shall distribute, deposit, place, scatter or cast any commercial or non-commercial handbill upon any premises, 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 said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbills left upon such premises.

(Added by Ord. 92, adopted 5-12-58)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are inhabited, except by handling 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 posed as provided in this chapter, the aforesaid person, unless requested by anyone upon 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.

(Added by Ord. 92, adopted 5-12-58)

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises nor hand or transmit any such handbill directly to the owner, occupant or any other person then present upon such premises except during the hours of 7:00 a.m. to 6:00 p.m. of any day Monday through Saturday.

(Amended by Ord. 282, adopted 9-13-65)

(Added by Ord. 92, adopted 5-12-58; repealed by Ord. 971, adopted 1-11-94)