Montebello Municipal Code Ch. 5.24 Commercial Handbills

The purpose of this chapter is to impose necessary regulations to prevent the unreasonable distribution of handbills and circulars, particularly commercial handbills, which if left unrestricted, could result to the detriment of the public's health, safety and welfare, and cause nuisance problems.

The purpose also includes protecting local residents against the trespassing by handbill distributors upon the private property of such residents if they do not wish to be solicited by such persons or do not desire to receive commercial handbills; and to protect the people against the potential menace to their private property by the accumulation of advertising matter and handbills.

(Ord. 2262 § 1, 2003)

For the purpose of this chapter, the words and phrases hereinafter set forth, shall have the following meanings ascribed to them, unless the context clearly requires to the contrary:

"Commercial handbill" means any handbill which is distributed for the purpose of advertising for sale goods, wares, merchandise or services or any other commercial activity.

"Handbill" means a printed, including all forms of reproduced writing, paper or circular, which is circulated or distributed, other than by United States mail, for the purpose of advertising goods, wares, merchandise or services, or soliciting support or opposition, to any public issue or political figure or party, partisan or nonpartisan. Handbill shall not include newspaper.

"Identity card" means a card required pursuant to Sections 5.24.070(D).

"Newspaper" means a periodical published for the dissemination of local or telegraphic news and intelligence of a general character, which is printed and published at regular intervals; or a periodical which is eligible for entry as second-class mail pursuant to applicable rules and laws relating to the United States postal system.

"Noncommercial handbill" means any handbill other than a commercial handbill.

"Notice" means a notice given by United States mail, postage prepaid, addressed to applicant, at his last known address.

"Permit" means a permit required pursuant to this chapter for the distribution of commercial handbills.

"Residential property" means any real property located within this city which is, pursuant to the city's zoning regulation, classified in any of the R zones, or any property which is, notwithstanding its zoning classification, utilized for residential dwelling purposes.

(Ord. 2262 § 2, 2003; prior code § 6403)

No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill in or upon any residential property within this city without first obtaining a permit therefor in the manner prescribed in this chapter. Nor shall any person distribute or circulate or cause to be circulated or distributed any such commercial handbill in or upon any residential property within this city, except in compliance with the provisions of this chapter.

(Prior code § 6403.1)

The license collector shall not accept an application for a handbill distribution permit from any person unless the following requirements are met:

A. That a filing and processing fee of twenty-five dollars has been paid to the license collector;

B. That the application offered for filing, on a form designated by the license collector, is fully and completely filled out with the collector;

C. That a valid business license in the name of such applicant is in effect, or the fee and application therefor, has been filed contemporaneously with the filing of the permit application;

D. That the applicant for a handbill distribution permit shall file with the license collector the full name, address, driver's license number and social security number of each person who will be engaged in the physical process of distribution and/or circulation pursuant to such permit; and for the purpose of obtaining a distribution identity card, such applicant shall pay a filing, processing and investigation fee of five dollars for each such person. The license collector shall, by an appropriate investigation, determine whether such persons are of good moral character; if the license collector finds that any such person has been convicted of any crime involving moral turpitude, or is otherwise not of good moral character, he shall refuse to issue the permit requested, and/or shall decline an identity card pursuant to this section.

E. That the applicant for a handbill distribution permit shall provide the license collector with the following information and documentation:

1. The full name, mailing address and principal business or residential address and telephone number, of each individual who will be in charge of supervising the distribution of the handbills;

2. The exact purpose of the distribution and the exact geographic area in which the distribution will be conducted;

3. The time during the day when the distribution will be made, and the dates for the commencement and termination of the distribution;

4. A short outline of the method or methods to be used in conducting the distribution, including the number of distributors;

5. A statement by the applicant that he received and read a copy of this chapter;

6. A statement that the applicant assumes responsibility that all distributors comply with the requirements of this chapter;

7. A statement by that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department, officer or employee thereof.

(Ord. 2262 § 3, 2003; prior code § 6403.3)

The license collector, upon receipt of a permit application, shall issue such permit, together with the required identity cards, unless he finds that the same fails to comply with the provisions hereof, or if it is found that within the preceding three years, a handbill permit has been revoked as to the same applicant. No permit or identity card issued under this chapter shall be transferred or assigned, and any attempt at transfer or assignment shall render the permit void.

(Ord. 2262 § 4, 2003; prior code § 6403.5 (part))

Where the license collector has been issued a permit pursuant to the provisions of this chapter, and thereafter finds that the permittee or any of such permittee's agents, employees or servants have failed to comply with any of the provisions of this chapter with regard to its activities pursuant to such permit, the license collector shall suspend such permit. The license collector shall give written notice to the permittee of such suspension. Such order of suspension shall become effective twenty-four hours after the same has been deposited in the course of transmission of the United States mail. As of the effective date of such suspension, all operations pursuant to such permit shall be ceased. Within not to exceed a period of five days after the effective date of the order of suspension, the permit shall be deemed revoked unless within the period of time, the permittee files a written letter of appeal, appealing the decision of the license collector to the city council in the manner set forth in Section 5.24.070.

(Prior code § 6403.6)

Any action of the license collector pursuant to this chapter shall be subject to an appeal to the city council. The license collector shall give written notice to the applicant of such decision. Such right of appeal shall be perfected by the applicant's filing of a written letter or appeal with the city clerk, not later than five calendar days after the date of filing of such notice, or, in the case of a suspension, within five days after the effective date of the suspension order. Such letter of appeal shall briefly indicate the basis of such appeal. Upon receipt of such an appeal, the city clerk shall notify the license collector thereof, and shall set the matter on the next most convenient city council agenda for its consideration. The appealing party shall be given not less than five consecutive days' written notice of the time and place of such council meeting; provided, that the appealing party may, in writing, waive such notice requirement. At the time of its consideration of such appeal, the council shall consider the report of the license collector and such other relevant evidence as may be presented at the time of such hearing. The hearing need not be a formal public hearing; provided, that all interested parties shall be given a reasonable opportunity to be heard on the issue. The decision of the city council shall be final and conclusive.

(Prior code § 6403.5 (part))

The following regulations shall apply to the distribution and circulation of commercial handbills within the city. Failure to comply with the regulations contained in this section and in this chapter, shall be deemed to be a misdemeanor punishable in the manner prescribed in Chapter 1.12 of this code, and shall be a cause for permit revocation pursuant to Section 5.24.060. Said regulations are as follows:

A. Name of Distributor. No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill within the city unless the same bears, conspicuously thereon, the name, address and permit number of the distributor or other person responsible for such distribution; and

B. Distribution on Public Property. No person shall distribute or circulate, or cause to be circulated or distributed, any commercial handbill in or along any public street, alley or other public place within the city; and

C. Distribution on Motor Vehicles. No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill by placing the same in or upon any motor vehicle, as the phrase is defined in the Vehicle Code of the state, which is parked upon any public street, alley or public parking area, or upon any such vehicle parked upon any private property; and

D. Identity Cards. No person shall engage in the physical process of distribution and/or circulation of commercial handbills without first obtaining a distribution identity card in the time and manner as provided in Section 5.24.030(D).

E. Distribution Hours. No person shall distribute any commercial handbill in or upon any private property in the city between the hours of seven p.m. to eight a.m.

(Ord. 2262 § 5, 2003; prior code § 6403.4)

Any handbill distributed on public property may be removed by any duly authorized employee of the city. In the event that such handbills are removed by an employee of the city, the person responsible for distributing such handbills and/or the person or entity directing, controlling, employing or hiring the handbill distributor shall be liable to the city for the cost of cleaning up such handbills in addition to any other penalties provided by law.

(Ord. 2262 § 6, 2003)

Notwithstanding the issuance of a permit hereunder, no person shall circulate, distribute or cause to be circulated or distributed, any commercial handbill on any residential property within the city, which has conspicuously posted therein or thereon, a sign or other visible notice, which prohibits solicitation or the delivery of handbills in or upon such premises.

(Prior code § 6403.2)