Fullerton Municipal Code Ch. 7.30 Restrictions on the Distribution of Handbills and Other PAPERS0 On…

The City Council finds and declares as follows.

(A) The unlawful, fraudulent and/or deceptive activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as handbill distributors, requires regulation via registration of all such handbill distributors, together with the name of their employers, and regulating the business of handbills and advertising distribution through the imposition of reasonable license fees.

(B) The distribution of commercial advertising material upon residential property in the city creates widespread litter which is unsightly, unhealthy and difficult to remove.

(C) The door-to-door commercial solicitation of unwilling recipients by salespersons of goods and services jeopardizes the right of residents in this city to enjoy the privacy of their homes.

(Ord. 3021, passed - -2002)

(A) Any person desiring to engage in the activity of distributing commercial handbills, samples or other similar advertising medium shall make application to and receive from the Administrative Services Director a business registration certificate in the manner and for the period prescribed by the terms of this chapter, § 4.06.170 and all relevant provisions of this code and city ordinances.

(B) Said applicant shall make written application to the Administrative Services Director upon a form or forms provided for such purposes by the Administrative Services Director.

(C) Such form(s) shall contain, among other things that may be required, the name and permanent address of the applicant; the name and address of their business, if any; a brief description of the nature of the business to be conducted and/or the goods to be sold by the applicant; and the probable number of agents and employees to be engaged by the applicant in the city, together with a request for a business registration certificate for the period for which the applicant seeks to engage in such business.

(Ord. 3021, passed - -2002)

It shall be unlawful to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away or circulate any printed or written literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant or resident of any property where such literature is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive any literature.

(Ord. 3021, passed - -2002)

The notice referred to in § 7.30.030 may be given to a distributor or disseminator of printed or written material by an owner, occupant or resident of property by one or more of the following means:

(A) By posting the property on or near the front door or main entrance thereof with a sign at least 12 square inches in area stating, in effect, “No Handbills,” “No Solicitors” or words of similar meaning; and/or

(B) By written communication to the distributor or disseminator of such material.

(Ord. 3021, passed - -2002)

It is unlawful for any person to distribute, deposit, place, throw, scatter, cast, peddle, pass out, give away or circulate any newspaper, magazine, handbill, pamphlet, circular, dodger, announcement or any other paper, for which no charge is made to the recipient thereof, and which is not a discarded, used or leftover, substance, at any place on the grounds, yards, lawns, driveways, steps, porches or in front of, or upon the front entry door, or door knob, of any single-family residential building, or of any residential building having more than one dwelling unit, or in any entry or hallway or on any stairs, or at, or upon, the front entry door, or door knob, of any dwelling unit, in any such multiple unit residential building, in the city, at any time there is on file in the office of the City Clerk an affidavit or a declaration under the penalty of perjury that the person subscribing the same is an owner, manager or occupant of such building or dwelling unit described therein and stating that such person refuses consent for any of said items to be left at the place so described. Such an affidavit or declaration may be filed with the City Clerk without charge at any time and, upon the filing thereof, the same shall be open to inspection by the public and effective at 12:00 a.m. of the day after such filing. It may be revoked by filing with the City Clerk, a written statement signed by such person or by an affidavit or declaration under the penalty of perjury that such person is no longer an owner, manager or occupant, of the building or dwelling unit described therein. Such revocation may be filed with the City Clerk at any time without charge and shall be effective upon such filing. Any such refusal of consent filed with the signature of an owner or manager of, and any such revocation pertaining to, such a multiple unit residential building shall not apply to the front entry door of any dwelling unit in such a building. Any such refusal of consent filed with the signature of an owner or occupant of, and any such revocation pertaining to, a dwelling unit in such a building shall apply only to the dwelling unit owned or occupied by such person or to which such revocation pertains. No such refusal of consent shall be effective after the person who signed it has ceased to be an owner, manager or occupant of the premises described in such refusal of consent. No person shall leave any such item at any such place in the city, unless such person has examined within 24 hours prior thereto all refusals of consent filed with the City Clerk.

(Ord. 3021, passed - -2002)

It shall be unlawful to throw, cast or scatter any printed or written material of any type into or on the yard or grounds or on the doorstep, porch or vestibule of any residence, apartment or dwelling; or upon any vacant lot or other private property within the city.

(Ord. 3021, passed - -2002)

Any printed or written material which may be distributed in the city, pursuant to law, shall be:

(A) Placed in the hand of the intended recipient;

(B) Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or

(C) Affixed to the premises for which it is intended by being tied to or slipped over a doorknob or other protrusion.

(Ord. 3021, passed - -2002)

The foregoing provisions of this chapter shall not apply to the following distributions:

(A) Folded newspapers of general circulation, as the same are defined in the Cal. Gov’t Code; and

(B) Mail by the United States government or to any notice of any lien, foreclosure or sale of the real property on which such notice is placed, or to any governmental or court notice or process or to any telephone directory or to the distribution or delivery of any newspaper, magazine, pamphlet or other paper to any person pursuant to his or her oral or written order or consent therefor, or to any hotel, inn, motel or other such public residential premises.

(Ord. 3021, passed - -2002)

Any violation of this chapter is a misdemeanor. If any section, division, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this chapter.

(Ord. 3021, passed - -2002)