National City Municipal Code Ch. 7.28 Handbills and Billposting

Sections:

* Noncodified list of cross-references:

Handbill Distribution - NCMC Chapter 6.46

The term "handbill" used in this Chapter 7.28 means any material of paper, cloth or similar lightweight fabric upon which printed material or graphics, or both, is placed. The term "handbill" includes objects commonly known as posters, billposters, "dodgers," circulars, leaflets and the like, which are typically used to provide information or advertise an event or sale. It does not include any medium regulated by Chapter 18.62.

(Ord. 2168 § 3 (part), 1999: Ord. 1812 (part), 1984)

A. Except as provided in Section 7.28.050B, it is unlawful to post, paste, staple, nail, stamp or otherwise affix a handbill to or to paint any message upon any sidewalk, street, street tree, utility pole or box, hydrant, trash receptacle, bus or public bench, any other public property or building, or upon the side of any building which abuts a public right-of-way.

B. The prohibitions of subsection A of this section do not apply to public safety or traffic safety signs, or to identification data or identification tags placed by an owner or a public agency upon property it owns or controls, or to signs lawfully posted on private property in conformity with Title 18 of this code.

C. The restrictions of subsection A of this section are equally applicable to the placement or distribution of handbills on private property by persons other than the owner of the property. Handbills deposited on private property shall be weighted down or so placed so as to prevent being blown about by wind.

D. Handbill distributors shall not enter upon property that is posted against solicitors or peddlers, and shall leave other property promptly upon the request of the owner, agent or occupant of that property.

E. Nothing contained in this section shall be deemed to supersede or modify the requirements of Chapter 18.62 regulating outdoor sign displays.

(Ord. 2168 § 3 (part), 1999: Ord. 1812 (part), 1984)

Handbills posted in violation of Section 7.28.050A are subject to summary removal by the owner of the affected object, property or structure upon which the handbill is affixed, or by the city manager or designee. The costs of removal may be assessed in accordance with law against the party responsible for the violation. It shall be rebuttably presumed that any person, principal or organization whose message is displayed on the handbill or which benefits from the message displayed upon the handbill is the party responsible for the costs of removal.

(Ord. 2168 § 3 (part), 1999: Ord. 1812 (part), 1984)