Sebastopol Municipal Code Ch. 12.32 Distribution of Handbills

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

“Handbill” includes any printed or written advertising matter, any sample or devise, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature:

1. Which advertises for sale any merchandise, product, commodity or thing.

2. Which directs attention to any business or other activity for the purpose of either directly or indirectly promoting their interest by sales of their products, materials or services or stocks in trade.

3. Which directs attention to or advertises any meeting, theatrical, or other performance or event held or conducted for private monetary profit or gain for which an admission fee is charged, but not to include those of nonprofit tax exempt persons or entities where no admission fee is charged or where the activity is solely for charitable purposes.

4. Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement and distributed or circulated for advertising purposes at the expense of the advertiser, or for the purpose of advancing the private business or interest of the advertiser; provided, that this definition shall not include a bona fide newspaper as such is hereinafter defined.

“Newspaper” shall mean and include any newspaper of general circulation which, while containing advertising matter, is predominately and essentially a newspaper or publication for the dissemination of news.

“Person” includes any person, firm, partnership, association, corporation, company or organization of any kind.

“Private premises” shall mean and include any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or vacant, and shall include any grounds, walk, driveway, porch, steps, vestibule or mailbox, belonging to or appurtenant to such dwelling, house, building, or other structure.

It shall be unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast, any handbill in or upon any public thoroughfare, park, ground or other public place.

It shall be unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle; provided, that this section shall not be deemed to prohibit the handing or transmitting or distributing of any handbill to the owner or other occupant of any automobile willing to receive the same.

It shall be unlawful for any person to deposit, distribute, place, throw, scatter or cast any handbill upon any premises where the owner or occupant of said premises has placed a sign in a conspicuous place near the entrance thereof, indicating that no handbills or advertisements are desired.

It shall be unlawful for any person to distribute, deposit, scatter, hand out or circulate any handbill in any place or under any circumstances which does not have printed on the cover, front or back thereof, the name and address of the person who caused the same to be distributed, provided, however, in the case of a fictitious person, club or group, the true names and addresses of the owners, managers, or agents of the person or the committee acting for the club or group.

It shall be unlawful for any person to distribute any handbills between the hours of 8:00 p.m. of any day and 7:00 a.m. of the following day.

It shall be unlawful to post, stick, stamp, paint, place or otherwise fix or cause to be done any notice, placard, handbill, poster or advertisement, whether by a profit or nonprofit person or entity or for any purposes, to or upon any sidewalk, cross-walk, curbing, City street tree or tree box, or upon any telephone or telegraph pole, electric lighting pole, railway pole, or on any other public structure or public park, parking lots, public refuse receptacles or other public premises unless the same shall be designated for the posting of public notices, or upon any fence, enclosure or building or other structure, without first obtaining the permission of the owner, agent or occupant thereof.

The provisions of this chapter shall not be deemed to apply to the distribution of the United States mail to bona fide newspapers upon orders of the owner or occupant of property, or to the delivery of any handbill to any person who has requested delivery of the same, or to the posting of handbills or notices on a kiosk or other place designated by the City for such purposes.