Twentynine Palms Municipal Code Ch. 11.30 Distribution of Unsolicited Written Materials

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Distribute" shall mean the act of placing, throwing, casting, scattering or depositing unsolicited written materials upon any residential or commercial property. The term "distribute" does not include giving written material to any person who is willing to accept it, or giving written material to any person as part of a face-to-face encounter with that person.

"Person" means any individual, firm, partnership, association, corporation or organization of any kind.

"Unsolicited written material" means written material that is delivered to any residential or commercial property in the absence of a subscription agreement or in the absence of the consent of any owner or occupier of the premises.

"Written material" means any handbill, pamphlet, circular, paper, booklet, poster, leaflet or other printed material distributed for the primary purpose of advertising, selling, or attempting to sell any product, merchandise, commodity, property, business, service or skill.

(Ord. No. 219, § 1, 4-28-2009)

(a) No person may distribute unsolicited written materials to any residential or commercial property without the owner or authorized agent of the distribution entity (the "distributor") having first appeared before the City Clerk and notifying the same, or his or her designee, of the distributor's intent to distribute and the dates during which such distribution shall take place. The distributor shall sign and acknowledge that he or she accepts responsibility for compliance with the provision of this Chapter.

(b) The distributor shall provide to the City Clerk, or his or her designee, the name of the written materials to be distributed, the dates(s) and approximate locations(s) of each such distribution, and the distributor's name, employer, and an address and telephone number where the distributor, or his or her employer, may be contacted.

(c) Upon providing the above-described information, the City Clerk, or his or her designee, shall automatically and immediately issue a distribution acknowledgment without charge to the distributor. A distribution acknowledgment shall only be withheld if the distributor has received three (3) or more citations within the twelve (12) months preceding the date of the acknowledgment application.

(d) The distribution acknowledgment shall specify the dates for which the distributor is permitted to distribute unsolicited written materials. The acknowledgment shall automatically expire at 5:00 p.m. on the last date listed.

(e) The distributor shall carry a copy of the acknowledgment in his or her possession at all times and shall exhibit the same at any time upon request of any police officer or code enforcement officer of the City.

(Ord. No. 219, § 1, 4-28-2009)

In the event that the City Clerk withholds an acknowledgment, the City Clerk, or his or her designee, shall provide verbal and written notification of the grounds for withholding the acknowledgment and inform the distributor of his or her right to appeal. The distributor may appeal the City Clerk's decision to the City Manager. The City Manager shall hear the appeal within five (5) days of filing. The decision of the City Manager shall be final.

(Ord. No. 219, § 1, 4-28-2009)

It shall be unlawful for any person to distribute unsolicited written material, or cause unsolicited material to be distributed, in violation of the following regulations:

(a) Unsolicited written materials shall not be distributed by any person who has not, prior to such distribution, obtained an acknowledgment of distribution from the City Clerk or his or her designee.

(b) Unsolicited written materials shall not be distributed to any residential or commercial property that contains a conspicuously posted sign with the words "no solicitation" or words substantially similar. However, unsolicited written materials may be distributed in or upon private property, even though the above-mentioned sign is so maintained, if the person distributing such written material has first obtained the consent of the owner or occupier of the property upon which the written material is proposed to be distributed.

(c) Unsolicited written materials shall not be distributed to any residential or commercial property after the distributor has received from an owner or occupier of the property a request not to distribute such written material.

(d) Unsolicited written materials shall not be distributed to any property that contains unremoved unsolicited written material from the same distributor.

(e) Unsolicited written materials shall not be distributed upon any residential or commercial property that reasonably appears to be vacant. For the purposes of this provision, the phrase "reasonably appears to be vacant" shall mean that the structure or structures on the residential or commercial property do not appear to contain any interior furnishings as viewed from the public right-of-way.

(f) Unsolicited written material shall not be distributed to, or upon, any residential or commercial property at any location other than the doorknob or doorstep of such premises.

(Ord. No. 219, § 1, 4-28-2009)

Any person who distributes unsolicited written materials shall be responsible to clean up and remove all of the written materials distributed by him or her which remains on or upon any residential or commercial property for more than thirty (30) consecutive days after the date of such distribution.

(Ord. No. 219, § 1, 4-28-2009)

The provisions of this Chapter shall not apply to the following:

(a) The distribution of United States mail, telegrams or other matter preempted by state or federal law;

(b) The posting of legally required notices;

(c) The distribution of any notices or other written material by persons employed by or acting at the behest of the City, State of California, or the Federal Government.

(Ord. No. 219, § 1, 4-28-2009)

In addition to all other penalties available under this Code or the laws of this state, the first violation of any of the provisions of this Chapter shall be punished as an infraction. The second, and any and all subsequent violations of any of the provisions of this Chapter, may be punished as a misdemeanor.

(Ord. No. 219, § 1, 4-28-2009)