La Puente Municipal Code Ch. 3.72 Unsolicited Written Material

Sections:

• 3.72.010 Definitions.

• 3.72.020 Regulations governing distribution.

• 3.72.030 Exemptions.

• 3.72.040 Violation—Penalty.

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

“Distribute” means the act of throwing, casting, scattering, or depositing.

“Person” means any individual, firm, partnership, association, corporation, company or organization of any kind.

“Unsolicited written material” means written material that is delivered to a business or residence in the absence of a subscription agreement.

“Written material” means any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter.

(Ord. 790 § 27 (part), 1999)

It is unlawful for any person to distribute unsolicited written material, or to cause unsolicited written material to be distributed, in violation of the following regulations:

(a) Unsolicited written material shall not be distributed on any private property when there is erected a printed sign in a conspicuous place upon the property containing the words, “NO SOLICITATION,” or words substantially similar to these words. Such a sign or notice shall be maintained in a place on such property where it is unobstructed from view and as near the main entrance thereof as possible. The language in such sign shall be at least two inches high, composed of letters printed in the English language so as to be clearly visible. However, unsolicited written materials may be distributed in, or upon, private property even though the sign above referred to is so maintained if the person distributing such written material has first obtained the written consent of the person in charge of or in possession of the property upon which the written material is distributed.

(b) Unsolicited written material shall not be distributed to any business or residence where the occupant specifically notified the distributor and the city that it did not want the distributor to distribute unsolicited written material.

(c) Unsolicited written material shall not be distributed to any business or residence that contains unremoved and unsolicited written material from the same publisher.

(d) Unsolicited written material shall not be distributed to any business or residence that reasonably appears to be vacant.

(e) Unsolicited written material shall not be distributed on any private property other than by (1) securely attaching the written material to such property to insure that the unsolicited written material will not be blown away or (2) personally distributing the unsolicited written material to the person occupying the property.

(f) Unsolicited written material shall not be distributed in or upon any motor vehicle.

(g) Unsolicited written material shall not be distributed between the hours of 9:00 p.m. and 6:00 a.m. of the following day.

(Ord. 790 § 27 (part), 1999)

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

(a) The distribution of United States mail, telegrams or other matter preempted by state or federal law;

(b) The posting of legally required notices;

(c) Distribution of any notices or other written material by persons employed by or acting at the behest of the city, state of California or the federal government.

(Ord. 790 § 27 (part), 1999)

A violation of any of the provisions of this chapter is a misdemeanor, punishable by the general penalty of Section 1.08.040 of this code.

(Ord. 790 § 27 (part), 1999)