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:
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.
means and includes any person engaging or engaged in the
business for hire or gain of distributing handbills, other than newspapers
distributed to subscribers thereof, and any person receiving compensation
directly or indirectly for distribution of such handbills.
means and includes any person, firm, partnership, association,
corporation, company or organization of any kind.
means and includes any dwelling, house, building, or other
structure, whether inhabited or temporarily or continuously uninhabited
or vacant, and includes 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.
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.
(Prior code 6410.1; Ord.
38-59; Ord. 13-62; Ord. 32-78)
To protect the people against the nuisance of and incident to
the promiscuous distribution of handbills and circulars, particularly
commercial handbills, with the resulting detriment and danger to public
health and safety, the public interest, convenience and necessity
require the regulation thereof and to that end the purposes of this
chapter are specifically declared to be as follows:
A.
To protect
the people against the unlawful 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 handbill and advertising distribution
through the imposition of reasonable business taxes;
B.
To protect
local residents against the 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 handbills to all who are willing
to receive the same.
(Prior code 6410; Ord. 13-62; Ord. 32-78)
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any 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 handbill in any public place to any person willing to accept such
handbill.
(Prior code 6410.2; Ord.
38-59; Ord. 42-70; Ord. 32-78)
It is unlawful for any person to distribute, deposit, place,
throw, scatter, or cast any handbill in or upon any automobile or
other vehicle. The provision of this section shall not be deemed to
prohibit the handling, transmitting or distributing of any handbill
to the owner or other occupant of any automobile or other vehicle
who is willing to accept the same.
(Prior code 6410.3; Ord.
38-59; Ord. 13-62; Ord. 32-78)
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
(Prior code 6410.4; Ord.
13-62; Ord. 32-78)
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any handbill upon any private premises except
as hereinafter provided. Any distribution of any handbill shall be
in accordance with the provisions contained in this chapter and such
handbill shall be placed or deposited in or upon the premises in such
a manner as to secure or prevent such handbill from being blown or
drifted about such premises or elsewhere.
(Prior code 6410.5; Ord.
38-59; Ord. 13-62; Ord. 42-70; Ord.
32-78)
Handbills may be distributed to private premises as follows:
A.
By personal
delivery to anyone present at the premises who is willing to accept
the handbill;
B.
By placement
or deposit of any handbill on the private premises in a manner as
to secure or prevent such handbill from being blown or drifted about
such premises or elsewhere; provided, however, that no such non-personal
delivery to any private premises shall be permitted if any owner or
occupant of any private premises has requested that no such delivery
be made.
(Prior code 6410.6; Ord.
38-59; Ord. 13-62; Ord. 42-70; Ord.
32-78)
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any handbill upon any premises, if requested
by the owner or occupant thereon not to do so, or if there is placed
on the premises in a conspicuous position near the entrance thereof
a sign bearing the words, "No Trespassing," "No Peddlers or Agents,"
"No Advertisements," "No Handbills," or any similar notice indicating
in any manner that the owners or occupants of the premises do not
desire to be molested or have any such handbills left on the premises.
(Prior code 6410.7; Ord.
38-59; Ord. 13-62; Ord. 42-70; Ord.
32-78)
No person shall deliver or deposit handbills on any private
premises unless such person distributes such handbills while traveling
as a pedestrian or by bicycle and unless such person shall distribute
such handbills during the hours between sunrise and sunset; provided,
however, that distribution may be made during hours of darkness by
distributors traveling as other than pedestrians or by bicycle to
private premises, the occupants of which premises are regular subscribers
to the material distributed.
(Prior code 6410.8; Ord.
38-59; Ord. 13-62; Ord. 42-70; Ord.
32-78)
Notwithstanding any provisions of this code to the contrary,
the provisions of this chapter shall be applicable to newspapers.
(Prior code 6410.9; Ord.
73-62; Ord. 42-70; Ord. 32-78)
