Chapter 5.40 — HANDBILL REGULATIONS

Section 5.40.010 Purpose. 5.40.020 Definitions. 5.40.030 Distribution in public places.

5.40.040 Placing in or upon vehicles. 5.40.050 Distribution on uninhabited or vacant premises. 5.40.060 Prohibiting distribution where premises are posted. 5.40.070 Distribution on inhabited private premises. 5.40.080 Hours for distribution. 5.40.090 Exemptions.

The purpose of this chapter is to regulate the distribution of unsolicited handbills within the city. (Ord. 17-01, passed 2-7-2017)

The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. COMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise produced original or copies of any matter of 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 private gain or profit; but the terms of this clause 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. Provided, that nothing contained in this clause shall be deemed to authorize 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 under any laws 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. NEWSPAPER. 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 thereto shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public. NONCOMMERCIAL HANDBILL. 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 or a newspaper. PRIVATE PREMISES. 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 or appurtenant to such dwelling, house, building, or other structure. PUBLIC PLACE. Any and all streets, boulevards, avenues, lanes, alleys, or other public ways and any and all public parks, squares, spaces, plazas, grounds, and buildings. (Ord. 17-01, passed 2-7-2017)

It is unlawful for any person to distribute, deposit, place, scatter, or cast any commercial or noncommercial handbill in or upon any public place within the city, provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such. (Ord. 17-01, passed 2-7-2017)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercialor noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting, or distributing of any commercial or noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. (Ord. 17-01, passed 2-7-2017)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any premises which is uninhabited or vacant. (Ord. 17-01, passed 2-7-2017)

It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill 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 thereof a sign indicating "No Trespassing", or "No Soliciting", or similar words indicating that no solicitation is desired by the occupant. (Ord. 17-01, passed 2-7-2017)

Where an inhabited private premises is not posted as provided herein, and unless requested by the occupant of the premises not to do so, a person may place or deposit any such commercial or noncommercial handbill in or upon such inhabited private premises if such handbill is placed, deposited, and secured in such a manner so as to prevent such handbill from being blown or scattered about such premises or elsewhere, except that mailboxes may not be so used for such purpose. (Ord. 17-01, passed 2-7-2017)

No person shall distribute any commercial or noncommercial handbill between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day. (Ord. 17-01, passed 2-7-2017)

The provisions of this chapter shall not be applicable to the distribution of the United States mail, to the distribution of a newspaper as defined herein, nor to the delivery of any commercial or noncommercial handbill to any person who has requested the delivery of the same. (Ord. 17-01, passed 2-7-2017)