Chapter 5.24 — HANDBILLS

• 5.24.010 Purpose.

• 5.24.020 Definitions.

• 5.24.030 Permit number required.

• 5.24.040 Distributors--license.

• 5.24.050 Distribution in public places.

• 5.24.060 Distribution in vehicles.

• 5.24.070 Distribution on uninhabited or vacant private premises.

• 5.24.080 Distribution on private premises without consent.

• 5.24.090 Unlawful distribution.

• 5.24.100 Offensive matter.

• 5.24.110 Exemptions.

• 5.24.120 Violation--penalty.

To protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in this chapter, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity require the regulation thereof, and to that end the purposes of this chapter are specifically declared to be as follows:

A. To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as handbill distributors, by regulating the business of handbill and advertising distributors, by regulating the business of handbill and advertising distribution through the imposition of reasonable regulations;

B. To protect local residents against trespassing by canvassers or handbill distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter;

C. To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills;

D. To preserve to the people their constitutional right to receive any disseminate information not restricted under the ordinance rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver commercial and noncommercial handbills to all who are willing to receive the same;

E. To accomplish the purposes set forth in this section without restrictions upon the freedom of the press, including the right of bona fide newspapers to engage in the business of printing and publishing a bona fide newspaper.

(Ord. 243 § 2, 1971).

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. "Commercial handbill" means and includes 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 or 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, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license where such license is or may be required by any law of this state, or under any ordinance of this city; or

4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

B. "Noncommercial handbill" means and includes 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 commercial handbill, or a newspaper.

C. "Private premises" means and includes any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant; and includes any yard, grounds, walk, driveway, porch, steps, vestibule, hallway, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure, any vacant lot or other private property.

D. "Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

• (Ord. 243 § 3 1971).

It is unlawful for any person to distribute or cause to be distributed any handbills to any person on private or public property unless there shall be printed, stamped or otherwise clearly designated in legible characters in a conspicuous place on the front page of each and every piece of handbill matter, the words "Distributor's Permit No.," with the permit number designated by the city clerk thereon.

(Ord. 243 § 11, 1971).

A. It is unlawful for any person to engage in the business of a handbill distributor for hire or otherwise, or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this chapter, and all other relevant laws and regulations; provided, that nothing contained in this chapter shall apply to any person advertising his business or activity upon his own premises, if such business or activity is regularly established at a definite location in such city, and also if a license has been obtained therefor, if such license be required under the terms of any applicable law or ordinance.

B. Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire or otherwise, shall make application to and receive from the city clerk a license. Such request shall contain, among other things that may be required, the name, the business address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which this applicant seeks to engage in such business.

C. Without excluding other just grounds for revocation, the city council, may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations, or for violation of this chapter, or any other ground specified by law. No license issued under this chapter shall be transferrable.

(Ord. 243 § 12, 1971).

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within this city; and it is also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill.

(Ord. 243 § 4, 1971).

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.

(Ord. 243 § 5, 1971).

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. 243 § 6, 1971).

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any private premises without having first obtained the written consent of the owner, or of an adult resident or occupant thereof, except that the same may be personally

delivered to anyone present on the premises who is willing to accept the same; provided, however, that if any such handbill is placed or deposited in or upon the premises pursuant to such written consent, it shall only be so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere.

(Ord. 243 § 7, 1971).

It is unlawful to distribute or cause to be distributed any handbills in or upon private property when:

A. There is erected or painted in a conspicuous place upon such property a sign containing words indicating the owner's rejection of this type of unsolicited matter;

• B. It is apparent that the property is vacant; or

• C. It is apparent that the previous day's distribution of this matter has not been removed.

• (Ord. 243 § 8, 1971).

It is unlawful for any person to distribute or circulate, or cause to be distributed or circulated, any advertising matter which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the Government of the United States or of this state by means of any artifice, scheme, or violence, or which urges any conduct which violates any local, state or federal law; or which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous, or scurrilous language.

(Ord. 243 § 10, 1971).

The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers, as defined in this chapter, except that newspapers shall be placed on private property in such manner as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property.

(Ord. 243 § 9, 1971).

The violation of any provision of this chapter shall be deemed a misdemeanor and is punishable upon conviction by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Ord. 243 § 15, 1971).