Newark Municipal Code Ch. 8.12 Handbills

To protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in Section 8.12.020, and with the resulting detriment and damage to public health and safety, the public interest, convenience and necessity requires the regulation thereof and to that end the purposes of this chapter are specifically declared to be as follows:

A. To protect local residents against trespassing by handbill distributors, upon private property of such residents if they have not given reasonable notice that they desire to receive handbills, or advertising matter;

B. To protect the people against the health and safety menace and the expense incidental to the littering of streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills;

C. To preserve, to the people, their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals, and public order by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver noncommercial handbills to all who are willing to receive the same;

D. To accomplish the foregoing purposes without restrictions upon the freedom of the press, including the right of bona fide newspapers, to engage in the business of printing and publishing a bona fide newspaper.

(Ord. 63 § 1, 1961)

The following words, terms and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. "Commercial handbill" means any handbill other than a newspaper or a noncommercial handbill, as defined, respectively, in this section.

B. "Disseminate" means and includes the terms distribute, deposit, hand out, pass out, give out, deliver and throw away, as well as causing or permitting any of the foregoing.

C. "Handbill" means any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, paper booklet, or any printed matter or literature.

D. "Newspaper" means a publication which has been, and at the time of its dissemination or distribution is, admitted as second class matter under acceptable United States postal regulations and is a newspaper of general circulation under the laws of the state. "Newspaper" also means a publication meeting all of the following requirements:

1. Regular Issuance. The publication is one which is issued regularly under a frequency of at least once a month.

2. Issuance at Known Office. The publication is printed or published at a known office, or place of publication.

3. Contents. The publication is one which is originated and published for the purpose of disseminating information of a public character.

4. List of Subscribers. The publication has a list of persons who have subscribed for the same by paying, or promising to pay for copies to be received during a stated time.

5. Advertising Publications. The publication is not designed primarily for advertising purposes. A publication shall be deemed one primarily for advertising purposes if:

a. It has advertising in excess of seventy-five percent in more than one-half of its issues during any twelve-month period;

b. It consists primarily of advertising and editorial writeups of the advertisers; or

c. It consists principally of advertising and has only a token list of subscribers.

E. "Noncommercial handbill" means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet, or any other printed or otherwise reproduced originals or copies of any matter or literature of a religious, political, social, and economic matter and which shall not contain as part thereof, any commercial advertising.

F. "Premises" means every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, sidewalk, street, public way, and every vehicle.

(Ord. 63 § 2, 1961)

It is unlawful for any person to disseminate commercial handbills except newspapers to, at, upon, or onto, any premises in the city, excepting in, at, or upon a box or receptacle (other than a United States mailbox) marked with letters at least one-half inch high "for handbills"; or in, at, or upon the premises of an owner or occupant who has signed and filed with the person disseminating said commercial handbill, a written request for the commercial handbill by depositing on his premises. All written requests must be maintained at all times in the office or place of business of the person disseminating such commercial handbills, and shall be kept on file for a period of six months after the last dissemination of commercial handbills pursuant to the request. The written request once made by an owner or occupant of premises shall remain applicable as to the premises described in such consent until countermanded by the owner or occupant of the same premises. All written requests shall be available for inspection by the city official during all regular business hours.

(Ord. 63 § 3, 1961)

It is unlawful for any person to disseminate any handbill upon any private premises if requested not to do so by the owner or occupant thereof, or if there is placed on the private premises in a conspicuous position, near the entrance thereof, a sign of not less than one inch in height bearing the words "No Trespassing," or "No Advertisements," or "No Handbills," or "No Peddlers or Agents" or any similar notice indicating that the occupant of the premises does not desire to have any handbills left at the premises. This section shall not apply to any handbill distributor receiving written permission from the occupant of the premises to distribute handbills thereon.

(Ord. 63 § 4, 1961)

Provisions of this chapter shall not apply to the distribution of the United States mail, nor to the delivery of any handbill to any person who has subscribed therefor.

(Ord. 63 § 5, 1961)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 270 § 7, 1990: Ord. 63 § 7, 1961)