Redondo Beach Municipal Code Ch. 33 Handbills and Solicitors--Regulations Governing Distribution of Handbills…

Note: Sections 4-15.5.1 through 4-15.5.9 added by Ordinance No. 2695 c.s., renumbered by codifier in order to conform to the numbering system of the Redondo Beach Municipal Code.

The purpose of this chapter is to allow persons to distribute handbills or solicit for donations as permitted by State and Federal law; to regulate the door-to-door solicitation of contributions in a manner to help eliminate fraud and misrepresentation, to protect citizens against the nuisance of promiscuous distribution of handbills with the resulting detriment to litter, public health and safety; to allow citizens the personal decision as to what communications a resident will receive, and to that end the purposes of this chapter are specifically declared to be as follows:

(a) To protect the citizens against, and deter, the unlawful activities or operations of persons of criminal habits or tendencies, representing themselves as solicitors, canvassers or handbill distributors;

(b) To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the private property of residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter;

(c) To protect the citizens 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 public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver non-commercial handbills to all who are willing to receive the same.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

For the purposes of this chapter, the words set forth in this section shall have the following meanings:

"Commercial handbill"

means and includes any printed or written matter, any sampler 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; or

(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; or

(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 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 gain of any person so engaged as advertiser or distributor.

"Newspaper"

means 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; and, in addition, means any periodical or current magazine regularly published with not less than four issues per year and sold to the public.

"Non-commercial 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.

"Person"

means and includes any natural person, firm, partnership, corporation, company, association, society, organization, church congregation, assembly or league and shall include any receiver, trustee, assignee, agent, employee or other similar representative thereof.

"Private premises"

means 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 to or appurtenant to such dwelling, house, building or other structure.

"Solicit" or "solicitation,"

for the purposes of this section, means the uninvited oral or written request of money, credit, property, financial assistance or other things of value, the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including but not limited to goods, books, pamphlets, tickets, rights to admission to any amusement, show, entertainment, lecture or other enterprise, publications or brochures. This section shall apply to any solicitation conducted door to door, in any place of public accommodation, in any place of business open to the public generally on the city streets and sidewalks, in the public parks, or in any public place, and conducted by (1) oral or written request, or (2) the local distribution, circulation, posting or publishing of any handbill, written advertisement or other local publication.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill upon any premises, or to solicit or conduct any solicitation upon any premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Solicitors," "No Advertisement," "No Handbills" or any similar notice, indicating in any manner that the occupants of said premises do desire not to be disturbed or to have their right of privacy interrupted, or to have any such handbills left upon such premises.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

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

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

It is unlawful for any person to distribute, deposit, scatter, hand out or circulate any commercial 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; provided, however, that in the case of a fictitious person or club, in addition to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring said handbill shall also appear thereon.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbills in or upon any private premises which are temporarily or continuously uninhabited or vacant.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, or to newspapers as defined in this chapter.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

It is unlawful for any person to go upon private residential premises after 9:00 p.m. or earlier than 8:00 a.m. for the purpose of soliciting sales, or orders for sale, of any type of real or personal property, or any interest therein, or of any type of services, or for the purpose of demonstrating or advertising the same, unless such person has been requested or invited so to do by the owner or occupant of said premises.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)

Any person who violates any provision of this chapter upon conviction thereof, shall be guilty of a misdemeanor, shall be punished by fine or penalty of not more than One Thousand and no/100ths ($1,000.00) Dollars or imprisonment in the County Jail for not exceeding 90 days, or both fine and imprisonment.

(§ 1, Ord. 2695 c.s., eff. July 15, 1993)