Redding Municipal Code Ch. 6.36 Handbills

Footnotes:

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Editor's note— Ord. No. 2546, §§ 1, 2, adopted May 3, 2016, repealed former ch. 6.36, §§ 6.36.010—6.36.160, and enacted a new ch. 6.36, §§ 6.36.010—6.36.120. Former ch. 6.36 pertained to similar subject matter and derived from Ord. 1710 § 1 (part), adopted in 1984 and Ord. 1987 § 1 (part), adopted in 1992.

To protect the people against the nuisance incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in Section 6.36.020, 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 chapter are specifically declared to be as follows:

A. To protect the people against the predatory sales tactics or unlawful activities of operations of dissolute persons of criminal habitats or tendencies, representing themselves as solicitors, canvassers or handbill distributors, by requiring the registration of all such solicitors, canvassers or handbill distributors, together with the names of their employees, or others distributing such material on their behalf 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 residents;

C. To preserve the esthetics of the community and protect the people against 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 them.

(Ord. No. 2546, § 2, 5-3-2016)

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

A. "Commercial 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 which has for its principal purpose one or more of the following:

1. Which proposes a commercial transaction;

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

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 purpose of private gain or profit; or

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

B. "Noncommercial handbill" means and includes 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 definitions of a commercial handbill or a newspaper.

C. "Newspaper" means and includes any newspaper of general circulation, as defined by general law, any newspaper duly entered with the United States Post Office Department in accordance with federal statute or regulation, any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

D. "Private property" means and includes 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 includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

E. "Public property" means and includes any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, plazas, grounds and buildings.

(Ord. No. 2546, § 2, 5-3-2016)

No person shall throw, cast, distribute, scatter, deposit or place upon any private property within the city any commercial handbill, without obtaining a license to do so.

(Ord. No. 2546, § 2, 5-3-2016)

Nothing contained in this chapter shall be deemed to prohibit any of the following:

A. The distribution of any advertising matter by mail; and

B. The distribution of any newspaper or magazine to any person or on the premises of any person who is a subscriber of any such newspaper or magazine.

(Ord. No. 2546, § 2, 5-3-2016)

A. Any person, business, organization, or other type of entity desiring to engage in the distribution of commercial handbills must obtain a license to do so prior to any distribution being made. The cost for such license shall be the same as the cost for a solicitor's or peddler's license.

B. Distributors of commercial handbills are required to carry identification demonstrating affiliation with the applicant.

(Ord. No. 2546, § 2, 5-3-2016)

In making application for a license, the applicant shall supply the following information:

A. Name, street address, mailing address and telephone number of the applicant;

B. Upon request by the city, names, street addresses, mailing addresses and telephone numbers of employees or others who will distribute handbills other than applicant;

C. Name, street address, mailing address and telephone number of person to be contacted regarding complaints, if other than applicant.

(Ord. No. 2546, § 2, 5-3-2016)

A. No person shall enter upon private property between sunset and sunrise to distribute a commercial handbill.

B. Handbills so distributed and not removed by the occupant of the private property shall be retrieved by the distributor of the handbills no later than two calendar days after the day on which distribution occurred.

(Ord. No. 2546, § 2, 5-3-2016)

Commercial handbills shall be distributed in a manner which will result in them being unable to be dislodged except by the recipient from the location in which they are placed. Such location shall as well be such that the occupant is likely to observe the item distributed.

(Ord. No. 2546, § 2, 5-3-2016)

A. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," "No Solicitors," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be have their right of privacy disturbed or to have any such commercial handbill left upon such premises.

B. It is further deemed unlawful to ring the bell or to knock at any residence, building or place for the purpose of distributing or circulating a commercial or noncommercial handbill where such a sign is displayed.

(Ord. No. 2546, § 2, 5-3-2016)

A. Each distributor who deposits a commercial or noncommercial handbill on the property of another shall provide a notice on each commercial handbill in no less than fourteen point type in a place set apart from other text and easily visible to the recipient which sets forth a phone number and email address by which the recipient may communicate to the distributor his or her intent not to receive further commercial or noncommercial handbills.

B. Any distributor who has received notice from a recipient that the recipient does not desire to receive commercial or noncommercial handbills shall, within seventy-two hours of having received such notice, cease all future distribution to that recipient.

(Ord. No. 2546, § 2, 5-3-2016)

A. Any applicant who has received a license pursuant to this chapter shall be jointly and severally liable for a violation of any section within this chapter made by the distributor acting under such license.

B. Violation of any section within this chapter shall not require proof of knowledge or intent.

(Ord. No. 2546, § 2, 5-3-2016)

A. Violation of any section set forth in this chapter shall be an infraction.

B. This chapter may be enforced by means of the administrative processes set forth in Chapters 1.13 and 1.14 of the Redding Municipal Code.

C. Every day a violation of any provision of this chapter continues will constitute a separate violation.

(Ord. No. 2546, § 2, 5-3-2016)