To protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in Section 5.12.020(A), with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity requires the regulation thereof and to that end the purposes of the ordinance codified in this chapter are specifically declared to be as follows:
A. 
To protect the people against the unlawful, fraudulent, and/or deceptive activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as handbill distributors, by requiring the registration of all such handbill distributors, together with the names of their employers, and by regulating the business of handbills and advertising distribution through the imposition of reasonable license fees;
B. 
To protect local residents against trespassing by handbill distributors upon the private property of such residents if they do not wish to be solicited by such persons or do not desire to receive handbills or advertising matter;
C. 
To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills;
D. 
To protect the people against the menace to their property during their absence therefrom due to the unlawful activities or operations of dissolute persons of criminal habits or tendencies, made aware of the absence of the people from their premises by the accumulation of advertising matter and handbills during such absence;
E. 
To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver commercial and noncommercial handbills to all who are willing to receive the same.
(Ord. 688, 1966; Ord. 1612 § 1, 2002; Ord. 1613 § 1, 2002)
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:
"Commercial handbill"
means and includes 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 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, where 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 ordinance 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.
"Handbill distributor"
means and includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
"Newspaper"
means and includes any newspaper:
1. 
Which has for its principal purpose the dissemination of local or telegraphic news and intelligence of a general character;
2. 
Which is printed and published at regular intervals;
3. 
Which is not distributed or circulated primarily for advertising purposes; and in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
"Noncommercial handbill"
means and includes any printed or written material, 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 definitions of a commercial handbill or a newspaper as set forth in subsections A and C of this section.
"Person"
means and includes any person, firm, partnership, association, corporation, company or organization of any kind.
"Private premises"
means and includes any dwelling, house, building or other structure, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, hallway, or mailbox belonging or appurtenant to such dwelling, house, building or other structure, and any vacant lot or other private property.
"Public place"
means and includes any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.
Words
singular in form may include the plural; any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter gender.
(Ord. 688, 1966)
It is unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within this 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 noncommercial handbill.
(Ord. 688, 1966; Ord. 1768 § 1, 2016)
A. 
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any private premises if the owner or occupant thereof has posted a "No Solicitation" sign in plain view at the premises; except that the handbills may be distributed personally to anyone present on the premises who is willing to accept the same.
B. 
Any handbill placed or deposited in or upon any private premises shall only be so placed or deposited if otherwise lawful under subsection A of this section and in such a manner that secures or prevents such handbill from being blown or drifted about such premises or elsewhere.
(Ord. 688, 1966; Ord. 1612 § 2, 2002; Ord. 1613 § 2, 2002; Ord. 1768 § 1, 2016)
It is unlawful for any person to engage in the business of a handbill distributor for hire, or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this chapter and all other relevant laws and regulations; provided, that nothing contained herein shall apply to any person advertising his or her business or activity upon his or her own premises if such business or activity is regularly established at a definite location in the city, and also if a license has been obtained therefor, if such license be required under the terms of any applicable law or ordinance.
(Ord. 688, 1966; Ord. 1768 § 1, 2016)
Any person desiring to engage, as principal, in the business of distributing commercial handbills for hire shall make application to and receive from the director of finance, a handbill distributor's license in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of the municipal code and ordinances. Such applicant shall make written application to the director of finance upon a form or forms provided for such purposes by the director of finance. Such form shall contain, among other things that may be required, the name and permanent address of the applicant, the name and address of their business (if any), a brief description of the nature of the business to be conducted and/or the goods to be sold by the applicant, the probable number of agents and employees to be engaged by applicant in the city, together with a request for a license for the period for which this applicant seeks to engage in such business.
(Ord. 688, 1966; Ord. 1612 § 4, 2002; Ord. 1613 § 4, 2002; Ord. 1768 § 1, 2016)
Without excluding other just grounds for revocation, the city council, or city administrator, may revoke any handbill distributor's license obtained under an application containing a false or fraudulent statement knowingly made by the applicant with the intent to obtain a license by means of false or fraudulent representations, or for violation of this chapter, or any other grounds specified by law. Such application shall be accompanied by the fee provided for in Section 5.12.080. No license issued under this chapter shall be transferable; and if any such license shall be surrendered by the licensee therein named, or shall be revoked for cause, neither the licensee named in such license, nor any other person, shall be entitled to any refund of any part of such fee.
(Ord. 688, 1966; Ord. 1768 § 1, 2016)
License fees under the terms of this chapter and for any such purpose, shall be as set by resolution.
Provided, that persons acting for licensees, as agents or employees, in the distributing of any such handbills shall not be required to obtain a license or pay a fee, but each such person shall comply with each and all of the other provisions of this chapter, and be subject thereto.
(Ord. 688, 1966; Ord. 1213 §§ 2, 3, 1983; Ord. 1768 § 1, 2016)
The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in Section 5.12.020(C).
(Ord. 688, 1966; Ord. 1768 § 1, 2016)
The provisions of the ordinance codified in this chapter shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing solicitors, canvassers, hawkers, peddlers, transient merchants, or any person, using the public streets or places for any private business or enterprise, or for commercial sales, not covered in this herein.
(Ord. 688, 1966; Ord. 1768 § 1, 2016)