Red Bluff Municipal Code Art. I Handbills, Posters and the Like

Section

Cross-reference:

Advertising licenses generally, see § 12.21

Classification A; permit for advertising and the like on street, sidewalk and the like, see § 19.10

Statutory reference:

Authority of city to regulate the exhibition, carrying and the like of signs, see California Government Code § 38774

Penal provisions relating to unlawful placing of signs, California Penal Code §§ 556 to 556.3

Placement of advertising displays, see California Business and Professions Code § 5287

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BILLPOSTER. Any person engaging in the business for hire of posting, fastening, nailing or otherwise affixing any written, painted or printed matter of any kind, or other form or reproduction thereof, hereinafter called “sign,” containing a message or information of any kind whatsoever, to any outdoor billboard, or to or upon any bridge, fence, pole, post, sidewalk, tree or to or upon the exterior of any other structure, except that the terms of this definition shall not apply to nor include any sign mounted on, fastened to or suspended from the outside of any building or other structure, in accordance with and authorized by any provisions of an ordinance or statute either for any public convenience or use, or regulating the construction or use of so-called outdoor display signs, whether the display signs are illuminated or not.

COMMERCIAL HANDBILL. 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:

(1) Which advertises for sale any merchandise, product, commodity or thing;

(2) Which directs attention to any business or mercantile or commercial establishment, or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales;

(3) Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purposes of private gain or profit; (The terms hereof shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained herein shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where the license is or may be required by any law of the state or under any ordinance of the city.)

(4) Which, while containing reading matter other than 35 advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor; or

(5) Which is not covered by the definition of “sign.”

HANDBILL DISTRIBUTOR. Any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of the handbills.

NEWSPAPER.

(1) Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer, as provided by general law.

(2) In addition thereto, NEWSPAPER shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a sign, commercial handbill or newspaper.

PRIVATE PREMISES. Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to the dwelling, house, building or other structure.

PUBLIC PLACE. Any and all streets, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, spaces, plazas, grounds and buildings.

(`61 Code, § 3.1) (Ord. 329, passed 3-3-1957)

To protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in § 3.1, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof and to that end the purposes of this article 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 solicitors, canvassers or handbill distributors, by requiring the registration of all solicitors, canvassers or handbill distributors, together with the names of their employers, and by regulating the business of handbill and advertising distribution through the imposing of reasonable license fees;

(B) To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the private property of the residents if they have given reasonable notice that they do not wish to be solicited by the 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; and

(D) 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.

(`61 Code, § 3.2) (Ord. 329, passed 3-3-1957)

No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way of public place, or any lamppost, electric light, telegraph or telephone pole, or railway structure, hydrant, shade tree or tree box, or upon a pier, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct or other public structure or building, or upon any columns, trusses, girders, railings, alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, the state and the ordinances of the city.

(`61 Code, § 3.3) (Ord. 329, passed 3-3-1957)

(A) It shall be unlawful for any person to deposit place, throw, scatter or cast any commercial handbill in or upon any public place within the city, and it shall be also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place.

(B) It shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept the noncommercial handbill.

(`61 Code, § 3.4) (Ord. 329, passed 3-3-1957)

(A) It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial on noncommercial handbill in or upon any automobile or other vehicle.

(B) The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.

(`61 Code, § 3.5) (Ord. 329, passed 3-3-1957)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(`61 Code, § 3.6) (Ord. 329, passed 3-3-1957)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by anyone 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 Advertisement” or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed or to have any handbills left upon the premises.

(`61 Code, § 3.7) (Ord. 329, passed 3-3-1957)

No person licensed under the provisions of this article, or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handling or transmitting any handbill directly to the owner, occupant or any other person then present in or upon the private premises. In case of inhabited private premises, which are not posted as provided in this article, the aforesaid licensed or other person unless requested by anyone upon the premises not to do so, may place or deposit any handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or elsewhere, except that mailboxes may not be used when so prohibited by federal postal laws or regulations.

(`61 Code, § 3.8) (Ord. 329, passed 3-3-1957)

It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial or noncommercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the following:

(A) The person who printed, wrote, compiled or manufactured the same; and

(B) The person who caused the same to be distributed. In the case of a fictitious person or club, in addition to the fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring the handbill shall also appear thereon.

(`61 Code, § 3.9) (Ord. 329, passed 3-3-1957)

(A) It shall be unlawful for any person to engage in the business of a billposter for hire or as a handbill distributor for hire or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this article and all other relevant laws and regulations.

(B) Nothing contained herein shall apply to any person advertising his or her business or activity upon his or her own premises, if the business or activity is regularly established at a definite location in the city, and also if a license has been obtained therefor, if the license be required under the terms of any applicable law or ordinance.

(`61 Code, § 3.10) (Ord. 329, passed 3-3-1957)

(A) Any person desiring to engage, as principal, either in the business of a billposter for hire, or in the business of distributing commercial or noncommercial handbills for hire, shall make application to and receive from the Director of Finance, or other officer empowered to issue the same, in the absence of the Director of Finance, a license in the manner for the period prescribed by the terms of this article and by all relevant provisions of this code.

(B) The applicant shall make written application upon a form provided for the purpose by the Director of Finance.

(C) The form shall contain, among other things that may be required, the name, the business address and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees so to be engaged, together with a request for a license for the period for which the applicant seeks to engage in the business.

(`61 Code, § 3.11) (Ord. 329, passed 3-3-1957)

(A) License fees for licenses required by this article shall be as follows:

(1) For a period of one year, the sum of $100;

(2) For a period of three months, the sum of $50;

(3) For a period of one week, the sum of $25; and

(4) For a period of one day, the sum of $10.

(B) The persons acting for licensee, as agents or employees, in the posting or distributing of any such signs or handbills, shall not be required to obtain a license or pay a fee, but each person shall comply with each and all of the other provisions of this article and be subject thereto.

(C) (1) The application required by this article shall be accompanied by the fee provided for in this section.

(2) If any license shall be surrendered or shall be revoked for cause, neither the licensee named in the license, nor any other person, shall be entitled to any refund of any part of the fee.

(`61 Code, § 3.12) (Ord. 329, passed 3-3-1957)

Without excluding other just grounds for revocation, the City Council or official so empowered by law, may revoke any license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a license by means of false or fraudulent representations, for violation of this article or any other grounds specified by law.

(`61 Code, § 3.13) (Ord. 329, passed 3-3-1957)

No license required by this article shall be transferable.

(`61 Code, § 3.14) (Ord. 329, passed 3-3-1957)

The provisions of this article shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this article.

(`61 Code, § 3.15) (Ord. 329, passed 3-3-1957)

It shall be unlawful for any person to post, to hand out, distribute or transmit any sign or any commercial or noncommercial handbill which may reasonably tend to incite riot or other public disorder, or which advocates illegal or unlawful conduct.

(`61 Code, § 3.16) (Ord. 329, passed 3-3-1957; Am. Ord. 934, passed 6-18-2002)

This article shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing canvassers, hawkers, peddlers, transient merchants or any person using the public streets or places for any private business or enterprise or for commercial sale, not covered herein.

(`61 Code, § 3.17) (Ord. 329, passed 3-3-1957)