Moorpark Municipal Code Art. II Handbill Distribution

For the purposes of this article, the words and phrases set forth in this section shall have the following meanings, unless the context clearly indicates to the contrary:

"Commercial handbill"

means any handbill which is distributed for the purposes of advertising for sale goods, wares, merchandise or services, or any other commercial activity; however, for the purposes of this article, "commercial handbill" means and includes the distribution or circulation of samples of goods, wares and merchandise.

"Handbill"

means a printed ("printed" includes 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 orders for such. "Handbill" does not include newspaper. For the purposes of this subsection, "newspaper" means a periodical published primarily for the dissemination of news and intelligence of a general character.

"Noncommercial handbill"

means any handbill other than a commercial handbill.

"Public parking area"

means an open area, excluding a street or other public way, used for the parking of motor vehicles (as that phrase is defined in the Vehicle Code of the state) and available to the public, whether for free or for compensation.

(Ord. 89-109 (part), 1989; Ord. 152 § 1, 1992)

The following regulations shall apply to the distribution and circulation of commercial handbills within the city:

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

B. Consent of Distribution. No persons shall circulate, distribute, or cause to be circulated or distributed, any commercial handbill on any property within the city without the consent of the owner or occupant of the property. For the purpose of this section, the consent of the owner or occupant of the property shall be presumed unless the owner or occupant has conspicuously posted upon the property a sign or other device which contains language which prohibits handbill delivery in or upon the property.

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

D. Distribution on Motor Vehicles. No persons shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill by placing it in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the state, which is parking upon any public street, public alley, public parking area or other public place within the city, private parking lot, or other private property including commercial, industrial, and residential zoned property.

E. Distribution on Private Property. The delivery of commercial handbills on private property shall be accomplished by personally delivering the handbill to the person occupying the property, or by placing the handbill upon the property securely, to ensure that the handbill will not be blown from the property onto other lots or public places. No handbill shall be placed in or upon any motor vehicle on private property.

F. Hours of Distribution. No person shall distribute or circulate, or cause to be distributed or circulated, any commercial handbill between the hours of eight (8:00) p.m. of any day and eight (8:00) a.m. of the following day.

(Ord. 89-109 (part), 1989; Ord. 152 § 1, 1992)

Any person, firm or corporation violating any of the provisions of this chapter is guilty of an infraction, which is punishable by:

A. A fine not exceeding $50 for a first violation;

B. A fine not exceeding $100 for a second violation within one year;

C. A fine not exceeding $250 for each additional violation within one year.

(Ord. 89-109 (part), 1989)