To protect the people from the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as defined in this chapter, 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 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 solicitors, canvassers, or handbill solicitors, canvassers, or handbill distributors, together with their employers, by regulating the business of handbill and advertising distribution and providing for the imposition of reasonable license fees;
B. 
To protect local residents against trespassing by solicitors, canvassers, or handbill distributors, upon private property of such residents if they have given reasonable notice that 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 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 noncommercial handbills to all who are willing to receive them, said right being limited solely by the needs of pedestrian and traffic safety.
(Ord. 15 § 1, 1982)
The following words, terms and phrases when used in this chapter have the meaning 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 subdivision shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to the meeting, theatrical performance, exhibition or event of any kind, when either of them 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 subdivision 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 the 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 of general circulation as defined by general law, any newspaper duly entered with the Post Office 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, 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 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 definition of a sign, or a commercial handbill, or a newspaper.
"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, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule, building or other structure.
"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.
(Ord. 15 § 1, 1982)
No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way or public place, or any lamppost, electric light, telegraph, telephone or trolley line pole, or railway structure, hydrant, tree or tree-box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct or other public structure or building, or upon any pole, box, or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or the state and the ordinances of the city.
(Ord. 15 § 1, 1982)
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; and it is also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided however, that it is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any person willing to accept the noncommercial handbill as provided in this chapter.
(Ord. 15 § 1, 1982)
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any inhabited private premises, if requested by anyone 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 ADVERTISEMENT" or similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon the premises.
(Ord. 15 § 1, 1982)
In the case of inhabited private premises which are not posted as provided in this chapter, the aforesaid licensed person, unless requested by anyone upon the premises not to do so, may place or deposit any such handbill in or upon the inhabited private premises, if the handbill is so placed or deposited as to secure or prevent the handbill from being blown or drifted about the premises or elsewhere except that mailboxes may not be used.
(Ord. 15 § 1, 1982)
It is unlawful for any person to engage in the business of 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 in this chapter shall apply to any person advertising his business or activity upon his own premises, if the business or activity is regularly established at a definite location in the city, and also if a license has been obtained therefor, if the license is required under the terms of any applicable law or ordinance.
(Ord. 15 § 1, 1982)
Any person desiring to distribute commercial handbills shall make application and receive from the city manager a license in the manner and for the period prescribed by the terms of this chapter. The applicant shall make written application to the city manager upon a form or forms provided for such purpose by the city manager. The form shall contain:
A. 
Applicant's name;
B. 
Business address;
C. 
Residence address;
D. 
A brief description of the nature of the business to be conducted by the applicant;
E. 
The probable number of agents and employees to be engaged;
F. 
A picture of the applicant, two inches by two inches, taken within the last calendar year;
G. 
The last two occupations of the applicant;
H. 
Convictions of crimes other than Vehicle Code violations;
I. 
A copy or copies of the handbill or handbills to be distributed.
(Ord. 15 § 1, 1982)
The city manager shall investigate the application for truthfulness of the facts therein set forth and shall have a period of ten days for the investigation. If the city manager ascertains the falsity of any of the contents of the application, a permit may be refused the applicant. If the city manager ascertains a crime has been committed by the applicant involving moral turpitude, a permit may be refused.
(Ord. 15 § 1, 1982)
If applicant complies with the requirements of Sections 5.20.100 and 5.20.110, at the expiration of the ten-day period, or sooner if the city manager is able to make the investigation, applicant shall be issued a permit to distribute commercial handbills. No commercial handbills shall be distributed between the hours of five p.m. and the following eight a.m., nor on any Sunday or holiday.
(Ord. 15 § 1, 1982)
A permit fee in such amount as has been prescribed by resolution of the city council shall be charged each applicant and shall be payable to the city manager, to defray the expense of investigation and processing.
(Ord. 15 § 1, 1982)
No license issued under this chapter shall be transferable by the licensee named, and if it is revoked for cause, neither the licensee named in the license, nor any other person shall further distribute handbills pursuant to the license, and any fees paid for the license shall not be refunded.
(Ord. 15 § 1, 1982)
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 this chapter.
(Ord. 15 § 1, 1982)
Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.
(Ord. 506 § 3, 1999)
In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 5.20.030, 5.20.040, 5.20.050, 5.20.060, 5.20.070, 5.20.080, 5.20.090, 5.20.100 or 5.20.150 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.
(Ord. 506 § 3, 1999)
Note: Former § 5.20.200, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.
A violation of Section 5.20.030, 5.20.040, 5.20.050, 5.20.060, 5.20.070, 5.20.080, 5.20.090, 5.20.100 or 5.20.150 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said city permit and/or city license pursuant to the provisions set forth in Chapter 13.150.
(Ord. 506 § 3, 1999)
Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including, but not limited to, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.
(Ord. 506 § 3, 1999)