Chapter 5.24 — HANDBILLS

Handbill. For the purposes of this chapter the word "handbill" means any commercial dodger, advertising circular, folder, booklet, letter, pamphlet, sheet, poster, sticker or banner.

"Private handbill distribution system" means a business which has been determined by the Finance Director to be operated to distribute handbills in the City of Santa Barbara on a continuing, regular and routine basis.

(Ord. 3695, 1974; Ord. 3839, 1976; Ord. 4765, 1992)

No person shall distribute or cause the distribution of any handbill, which does not have printed on the cover or face thereof or on the container thereof, the name, address and phone number of the distributor. In addition, the person, firm or organization causing the handbill to be distributed shall be clearly set forth therein.

(Ord. 3695, 1974; Ord. 4079, 1980)

No person shall distribute or cause the distribution of any handbill to any premises which has posted thereon in a conspicuous place, a sign of at least 12 square inches in area, bearing the words "no advertising," unless the person distributing the handbill has first received the written permission of the person occupying or having control of such premises authorizing such distribution.

(Ord. 3695, 1974; Ord. 4079, 1980)

It is unlawful for any person to commence, carry on or engage in the business of distributing handbills or to distribute handbills in the City, without complying with each and all of the provisions of this chapter and without first having secured a permit from the Finance Director. "Person" as used in this section shall mean the permittee and not its employees or agents, provided, however, that its employees or agents, while distributing handbills, shall have in their possession a copy of the business tax receipt or handbill permit issued to said permittee pursuant to the provisions of this chapter.

(Ord. 3695, 1974; Ord. 4765, 1992)

The following permits may be issued by the Finance Director pursuant to the provisions of this chapter:

• A. Temporary Permit. Each such permit shall plainly state the number of handbills authorized to be distributed. Under the authority of such permit, the permittee may employ any number of persons to distribute such handbills not exceeding in the aggregate the number authorized by such permit, without further permit or tax as to such employees. Each such permit shall become null and void after the authorized number of handbills shall have been distributed and in any event shall expire on the 10th day after issuance.

• B. Annual Permit. Each such permit shall be issued to a person, firm or organization upon a determination by the Finance Director pursuant to Section 5.24.010 that said person, firm or organization is operating a private handbill distribution system and upon the payment of the required permit fee. Said permit shall be valid for a period of one year, unless revoked, and may be renewed annually.

• (Ord. 3695, 1974; Ord. 4765, 1992)

Each recipient of a temporary or annual handbill permit shall comply with the following regulations:

• A. The permit holder shall cause its agents and employees to deliver the handbills only by placing them on the door-knobs or otherwise harmlessly attaching them to the building.

• B. The permit holder shall cause its agents and employees when distributing handbills to collect all visible material previously distributed by such permittee. The presence of such visible material shall be presumed to mean that said residence or business is vacant and said permittee shall cause no further material to be left thereat unless and until affirmative signs of occupancy are apparent.

• C. The permit holder shall cause its agents and employees to refrain from making deliveries at known vacant buildings or premises for which there have been requests to cease delivery.

• D. The permit holder shall take effective means to prevent the placement of handbills on streets, sidewalks and other public areas.

• (Ord. 3695, 1974; Ord. 4765, 1992)

No permit shall be issued under this chapter until a tax shall have first been paid to the Finance Director in accordance with Chapter 5.04. (Ord. 3695, 1974; Ord. 4765, 1992)

In the event that the permittee or any of its agents or employees fail to comply with any or all of the provisions of this chapter, its permit may be revoked by the issuing authority. (Ord. 3695, 1974; Ord. 4765, 1992)

Each day that a violation of this chapter occurs shall be considered a separate offense. (Ord. 4035, 1980)

The violation of any provision of this chapter shall constitute an infraction. (Ord. 4035, 1980; Ord. 4067, 1980)

This chapter shall apply only to handbills distributed to a residence or home. (Ord. 3839, 1976)