Hesperia Municipal Code Ch. 9.18 Handbills

The definitions set forth in this section shall apply to the regulation and enforcement of this chapter.

"Commercial handbill" means any printed or written material which is reproduced and does any of the following:

1. Advertises for sale any merchandise product, commodity or thing;

2. Directs attention to any business or commercial establishment or activity for the purpose of either directly or indirectly promoting the interests thereof;

3. Directs attention or advertises any meeting, theatrical performance, exhibition or event of any kind for which admission is charged for the purpose of private gain or profit. This shall not include such activities involving a clearly religious activity.

"Newspaper" means any newspaper of general circulation as defined by general law; any newspaper entered with the United States Postal Service in accordance with federal statute or regulation; any newspaper filed and recorded with any recording officer as provided by general law and any periodical or magazine regularly published with not less than four issues per year and sold to the public.

"Noncommercial handbill" means any printed or written material not included in the definition of a commercial handbill or newspaper.

"Public place" means any and all streets, alleys, sidewalks and parkways within the public right-of-way and any and all public parks, grounds, buildings, parking lots, spaces and/or squares or other property owned by a public agency.

(Ord. 2008-16 § 2 (Exh. A) (part), 2008)

Distribution of commercial or noncommercial handbills shall be allowed subject to compliance with all other subsections with this chapter and provided all of the following are met:

A. The property owner of the private property on which handbill distribution is to occur has given prior consent.

B. The handbill is distributed to a person willing to accept it. No handbill shall be placed on or in any automobile or motor vehicle, unless the owner of said vehicle has given consent to such placement.

C. Any handbill discarded during the course of distribution so as to create litter, trash, solid waste or debris as defined under Chapter 8.04 of this code shall be collected and either removed or placed in a proper refuse receptacle.

D. Handbills shall not be affixed to any stationary object, including, but not limited to, light poles, refuse receptacles, building walls or windows and mail receptacles.

E. Distribution of Handbills Prohibited. In the event private property is posted with a sign or signs displayed at the public entrances to the property, such sign(s) shall constitute an expressed objection to such conduct and shall be prohibited.

(Ord. 2008-16 § 2 (Exh. A) (part), 2008)

No person shall distribute any commercial handbill on any public place, including on any sidewalk and/or street right-of-way without consent of the agency owning the public place and provided that the public's use is not impeded. A person may distribute any noncommercial handbill on such public places as provided by state and federal law, provided that the public's use is not impeded.

(Ord. 2008-16 § 2 (Exh. A) (part), 2008)