The purpose of this chapter is 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
5.16.010 of this chapter, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity which requires the regulation thereof and to that end the purposes of this chapter are specifically declared to be as follows:
(1) 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 license fees;
(2) 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;
(3) 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;
(4) To
protect the people against the menace to their property during their
absence therefrom due to the unlawful activities or operation 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;
(5) 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.
(Prior code § 3.1-1)
It is unlawful for any person to distribute, 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 such noncommercial handbill. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-2; Ord. 1416 § 4, 1983)
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or 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 noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-3; Ord. 1416 § 4, 1983)
It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-4; Ord. 1416 § 4, 1983)
It is unlawful for any person to distribute, deposit, place, throw or scatter or cast any commercial or noncommercial handbill upon any private premises without having first obtained the written consent of the owner, or of an adult resident or occupant thereof, except that the same may be personally delivered to anyone present on the premises who is willing to accept the same; provided, however, that if any such handbill is placed or deposited in or upon such premises pursuant to such written consent, it shall only be so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-5; Ord. 1416 § 4, 1983)
Every handbill distributor shall maintain on file the written consent of each person within the city who has consented to the distribution of handbills in or upon the premises owned by him or her, or of which he or she is a resident or occupant, and shall make such records available for the inspection thereof by the license inspector or his or her representative at a convenient place within the city, at any reasonable hour, upon the request of such license inspector or his or her representative. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-7; Ord. 1416 § 4, 1983)
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 having procured a license from
the city to do so or without complying with any and all applicable
provisions of this chapter and of 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.
Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.1-8; Ord. 1416 § 1, 1983)
Any person desiring to engage, as principal in the business
of distributing commercial or noncommercial handbills for hire, shall
make application to and receive from the license inspector a 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 license inspector
upon a form provided for such purposes by the license inspector. Such
form shall contain, among other things that may be required, the name,
the business address and a brief description of the nature of the
business to be conducted by the applicant, the probable number of
agents and employees so to be engaged, together with a request for
a license for the period for which this applicant seeks to engage
in such business.
The application shall be accompanied by the fee provided in Section
5.16.120.
(Prior code § 3.1-9)
Without excluding other just grounds for revocation, the city
council or city manager may revoke any license obtained under an application
containing a false or fraudulent statement knowingly made by the applicant
with 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.
(Prior code § 3.1-10)
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.
(Prior code § 3.1-11)
License fees under the terms of this chapter used for any such
purpose, shall be established pursuant to resolution of the city council.
(Prior code 3.1-12; Ord.
1536 § 5, 1989)
(a) 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
5.16.010.
(b) 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 chapter.
(Prior code § 3.1-13 and 3.1-14)
No person either as principal or as agent or employee within the corporate limits of the city shall paint, post, put up or display, on or in any public property or on any wall, fence, post or tree, any bill, poster, picture, lithograph, map, plan, sign or other device or advertisement, or throw upon, paint, post, put up or display upon any private property in the city, without the express consent of the owner of the property, any bill, poster, picture, lithograph, map, plan, sample, sign or other device or advertisement. Every person who violates any provision of this section is guilty of an infraction, unless the violation is otherwise made a misdemeanor pursuant to Section
1.01.110(b).
(Prior code § 3.2; Ord. 1416 § 4, 1983)