San Rafael Municipal Code Ch. 10.12 Distribution of Advertising Material

The council finds and declares that the throwing, casting and distributing of commercial advertising material upon residential property, without consent, is creating widespread litter and a serious police problem in that the accumulation of said literature is an open invitation to burglary, and that it adversely affects a considerable number of citizens and, further, that the throwing, casting and distributing of advertising literature, without consent, both upon public and private property is injurious and inimical to the public health, safety and welfare of the residents of the city and that such practices, therefore, constitute a public nuisance.

(Ord. 1167 § 1 (part), 1974).

The following words and phrases, whenever used in this chapter shall be construed as defined in this section:

A. Commercial Handbills and Advertising Matter. "Commercial handbill" and "advertising matter" means 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; 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 interest 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 private gain or profit. The provisions of this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such 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 in this subsection authorizes the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this state or the code of this city; 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.

B. Newspaper. "Newspaper" means any newspaper of general circulation as defined in the Government Code of the state.

C. Noncommercial Handbill. "Noncommercial handbill" means 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 commercial handbill, advertising matter, or a newspaper.

(Ord. 1167 § 1 (part), 1974).

It is unlawful for any person to distribute, circulate, give away, throw or deposit in or on any park and recreation area, any handbills, circulars, dodgers, pamphlets, papers, newspapers, or advertisements; or post or affix the same to any tree, fence or structure in any park or recreation area; provided, however, the same may be personally delivered to persons who are willing to accept the same.

(Ord. 1167 § 1 (part), 1974).

No person shall throw, cast, distribute, scatter, deposit, or place upon any public place within the city, including, but not limited to, streets, alleys, public parks and school grounds, any commercial, or noncommercial, advertising matter, handbill or newspaper, or any other printed matter or advertising literature of any kind; provided, however, the same may be personally delivered to persons who are willing to accept the same without charge to the receiver thereof.

(Ord. 1167 § 1 (part), 1974).

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill or newspaper in or upon any automobile or other vehicle; provided, however, that the provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any such printed matter to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(Ord. 1167 § 1 (part), 1974).

No person shall deposit, distribute, place, throw, scatter or cast any commercial handbill or advertising matter in or upon the yard or grounds or on the doorstep, steps, porch, driveway or vestibule of any residence or dwelling or upon any vacant lot or other private property within the city without first, prior to delivery or distribution, having obtained the permission of the owner, occupant or other person in control thereof.

(Ord. 1167 § 1 (part), 1974).

No person shall distribute, deposit, place, throw, scatter or cast any noncommercial handbill or newspaper in or upon any private premises within the city when the intended recipient thereof, or the owner, occupant, or resident of any property where such written matter is left or intended to be left, has notified the distributor or disseminator of such material that they do not wish to receive any literature, said notice to be by written communication to the distributor or disseminator of such material.

(Ord. 1167 § 1 (part), 1974).

Any printed or written material which may be passed out, given away, distributed, circulated or delivered in the city pursuant to law, shall be:

(a) Placed in the hand of the intended recipient; or

(b) Bound, folded, enclosed or weighted in such a manner so as to prevent the material from being blown or drifted about, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or

(c) Affixed to the premises for which it is intended by being tied to or slipped under a doorknob or other protrusion.

Any distribution of printed or written material by means other than as specified above in this section shall be deemed littering and is hereby made unlawful.

(Ord. 1167 § 1 (part), 1974).

If any person, firm, corporation, partnership or other entity wishes to distribute advertising material in any manner or under any conditions other than as set forth in this chapter, they may apply to the city manager for a special distribution permit. Said application shall contain the following:

(a) Name of applicant and the type of business entity;

(b) Type of material to be distributed;

(c) Area to be covered by said distribution;

(d) Frequency of distribution and duration of time;

(e) Method of distribution;

(f) Name and number of distributor or representative whom a resident may call to discontinue distribution.

The city manager may deny, approve, or approve conditionally any permit so requested, and in approving conditionally impose time limitations and any other conditions necessary to insure that such distribution will not impair or abrogate the intent and purpose of this chapter, and shall have the right to require as a condition of the issuance of any permit a cash or performance bond in an amount he deems adequate to insure compliance with the terms and conditions of said permit.

Said special distribution permit shall be revocable by the city manager for breach of any condition imposed upon its issuance or for any other cause which violates the provisions of this chapter or any other applicable municipal ordinance of the city.

(Ord. 1167 § 1 (part), 1974).

The city manager, in the interests of the public, is authorized and empowered to adjust, settle, or compromise any controversy or dispute arising from the operations of any permittee under this chapter.

(Ord. 1167 § 1 (part), 1974).

Any person who is dissatisfied with a decision of the city manager under Sections 10.12.090 or 10.12.100 may appeal that decision to the city council in accordance with Section 14.84.040 of the Municipal Code of the city of San Rafael.

(Ord. 1167 § 1 (part), 1974).