Chapter 5.52 — HANDBILLS

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:

"Handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.

"Handbill distributor" means and includes any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for distribution of such handbills.

"Person" means and includes any person, firm, partnership, association, corporation, company or organization of any kind.

"Private premises" means and includes any dwelling, house, building, or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, hallway, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure, and any vacant lot or other private property.

"Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings. (Prior code 6410.1; Ord. 38-59; Ord. 13-62; Ord. 32-78)

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

• A. To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as handbill distributors, by requiring the registration of all such handbill distributors, together with the names of their employers, and by regulating the business of handbill and advertising distribution through the imposition of reasonable business taxes;

• B. To protect 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 handbills or advertising matter;

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

• D. To protect the people against the menace to their property during their absence therefrom due to the unlawful activities or operations of dissolute persons of criminal habits or tendencies, made aware of the absence of the people from their premises by the accumulation of advertising matter and handbills during such absence;

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.52.020

§ 5.52.080

• E. 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 handbills to all who are willing to receive the same.

(Prior code 6410; Ord. 13-62; Ord. 32-78)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any public place within this City; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any handbill in any public place to any person willing to accept such handbill. (Prior code 6410.2; Ord. 38-59; Ord. 42-70; Ord. 32-78)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any handbill in or upon any automobile or other vehicle. The provision of this section shall not be deemed to prohibit the handling, transmitting or distributing of any handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. (Prior code 6410.3; Ord. 38-59; Ord. 13-62; Ord. 32-78)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any private premises which are temporarily or continuously vacant. (Prior code 6410.4; Ord. 13-62; Ord. 32-78; Ord. 07-24, 5/14/2024)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any private premises except as hereinafter provided. Any distribution of any handbill shall be in accordance with the provisions contained in this chapter and such handbill shall be placed or deposited in or upon the premises in such a manner as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere.

(Prior code 6410.5; Ord. 38-59; Ord. 13-62; Ord. 42-70; Ord. 32-78)

Handbills may be distributed to private premises as follows:

• A. By personal delivery to anyone present at the premises who is willing to accept the handbill;

• B. By placement or deposit of any handbill on the private premises in a manner as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere; provided, however, that no such non-personal delivery to any private premises shall be permitted if any owner or occupant of any private premises has requested that no such delivery be made.

(Prior code 6410.6; Ord. 38-59; Ord. 13-62; Ord. 42-70; Ord. 32-78)

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City of Orange, CA § 5.52.080

ORANGE CODE

§ 5.52.100

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any premises, if requested by the owner or occupant thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the words, "No Trespassing," "No Peddlers or Agents," "No Advertisements," "No Handbills," or any similar notice indicating in any manner that the owners or occupants of the premises do not desire to be molested or have any such handbills left on the premises.

(Prior code 6410.7; Ord. 38-59; Ord. 13-62; Ord. 42-70; Ord. 32-78)

No person shall deliver or deposit handbills on any private premises unless such person distributes such handbills while traveling as a pedestrian or by bicycle and unless such person shall distribute such handbills during the hours between sunrise and sunset; provided, however, that distribution may be made during hours of darkness by distributors traveling as other than pedestrians or by bicycle to private premises, the occupants of which premises are regular subscribers to the material distributed.

(Prior code 6410.8; Ord. 38-59; Ord. 13-62; Ord. 42-70; Ord. 32-78)

Notwithstanding any provisions of this code to the contrary, the provisions of this chapter shall be applicable to newspapers.

(Prior code 6410.9; Ord. 73-62; Ord. 42-70; Ord. 32-78)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.53.010

§ 5.53.020