For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings ascribed to them, unless the context clearly requires the contrary:
"Commercial handbill"
means any handbill which is distributed for the purposes of advertising for sale, goods, wares, merchandise or services, or any other commercial activity; however, "commercial handbill" means and includes the distribution or circulation of samples of goods, wares and merchandise.
"Handbill"
means a printed ("printed" means and includes all forms of reproduced writing) paper or circular, which is circulated or distributed, other than by United States mail, for the purpose of advertising goods, wares, merchandise or services, or soliciting orders for such, or drawing attention, or soliciting support or opposition, to any public issue or political figure or party, partisan or nonpartisan. "Handbills" shall not include a newspaper. For the purposes of this subsection, "newspaper" means a periodical published primarily for the dissemination of news and intelligence of a general character.
"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.
"Handbill permit"
means a permit required pursuant to this chapter for the distribution of commercial handbills.
"Noncommercial handbill"
means any handbill other than a commercial handbill.
"Notice"
means notice given by United States mail, postage prepaid, addressed to the person to be notified, at his or her last known address, or a telegram or official legal notice.
"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.
(Prior code § 6600)
No person shall circulate or distribute or cause to be circulated or distributed, any commercial handbill within the city except in compliance with the provisions of this chapter, including, but not limited to, obtaining a permit therefor in the manner prescribed in this chapter.
(Prior code § 6601)
The city clerk shall not accept any application for a permit from any person unless the following requirements are met:
A. 
Evidence of the payment of a filing and processing fee of twenty-five dollars;
B. 
That the application offered for filing is on a form furnished by the city clerk and is completed;
C. 
That a valid business license in the name of such applicant is in effect, or the fee and application therefor have been filed contemporaneously with the filing of the permit application.
(Prior code § 6602)
A. 
The city clerk upon receipt of a permit application shall issue such permit, unless he finds that the same fails to comply with the provisions of this chapter, in which case he shall decline to issue the permit.
B. 
The action of the city clerk in denying an application for a permit pursuant to this chapter shall be subject to an appeal to the city council. The city clerk shall give written notice to the city council. The city clerk shall give written notice to the applicant of such denial and the reasons therefor. Such right of appeal shall be perfected by the appellant's filing of a written letter of appeal with the city clerk not later than five calendar days after the date of mailing of such notice. Upon receipt of such an appeal, the city clerk shall set the matter on the next most convenient city council agenda for its consideration. The appealing party, and any other requesting such notice, shall be given not less than five days' written notice of the time and place of such council meeting. At the time of its consideration of such appeal, the council shall consider the report of the city clerk and such other relevant evidence as may be presented at the time of such hearing. The hearing need not be a formal public hearing, provided that all interested parties shall be given a reasonable opportunity to be heard on the issues. The decision of the city council shall be final and conclusive.
(Prior code § 6605)
No handbill distributor, as defined in this section shall distribute any commercial handbill in the city without first obtaining from the police department an identification tag or badge in the form promulgated by the police department. The identification badge or tag shall be displayed in a prominent and visible place on the person of the distributor at all times the distributor is engaged in commercial handbill distribution in the city.
(Prior code § 6603)
The regulations provided in Sections 5.36.070 through 5.36.130 shall apply to the distribution and circulation of commercial handbills within the city. Failure to comply with the regulations contained in this chapter shall be deemed a misdemeanor punishable in the manner prescribed in Section 1.24.010 of this code, and/or shall be a cause for permit revocation pursuant to the provisions of this chapter.
(Prior code § 6604)
No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill within the city unless the same bears, conspicuously thereon, the name, address and telephone number of the distributor or other person responsible for such distribution.
(Prior code § 6604.01)
No person shall circulate, distribute or cause to be circulated or distributed, any commercial handbill on any property within the city, without the consent of the owner or occupant of such property. For the purpose of this section, the consent of such owner or occupant of such property shall be presumed unless such owner or occupant has conspicuously posted upon such property a sign or other device which contains language which prohibits handbill delivery in or upon such premises, or unless such owner or occupant has filed with the city clerk a declaration expressing the desire of the owner or occupant not to receive commercial handbills and stating the address of the owner or occupant. Prior to distribution of any commercial handbill in the city, handbill distributors shall obtain from the city clerk a list of those owners or occupants of property in the city who have filed the aforesaid declaration. It shall be unlawful for handbill distributors to thereafter distribute in any fashion any commercial handbill to any owner or occupant of property who has filed the aforesaid declaration with the city clerk. The declaration referred to in this section shall remain effective until revoked in writing.
(Prior code § 6604.02)
No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill in and along any public street, alley or other public place within the 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 commercial or noncommercial handbill.
(Prior code § 6604.03)
It shall be 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.
(Prior code § 6604.04)
No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill by placing the same in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the state, which is parked upon any public street, alley or public parking area, or upon any such vehicle parked upon any private property.
(Prior code § 6604.05)
The delivery of commercial handbills on private property shall be accomplished by personally delivering such to the person occupying such residential property or by attaching the same securely to a doorknob or other suitable hardware in the area around the door in such a manner that it will not likely be blown and scattered about the premises.
(Prior code § 6604.06)
No person shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill between the hours of six p.m. of any day and seven a.m. of the following day.
(Prior code § 6604.07)
Nothing contained in this chapter shall be construed as prohibiting the distribution and delivery of any newspaper, noncommercial handbill or other printed matter having reference to an election or to any candidate at any national, state, county or city election or election of any other public entity; provided, however, that any such newspaper, noncommercial handbill or printed matter shall bear upon its face the name and address of the printer and publisher.
(Prior code § 6606)
Where the city clerk has issued a permit pursuant to the provisions of this chapter, and thereafter finds that the permittee or any of such permittee's agents, employees or servants, have failed to comply with any of the provisions of this chapter with regard to its activities pursuant to such permit, the city clerk shall suspend such permit. The city clerk shall give written notice to the permittee of such suspension, such order of suspension shall become effective twenty-four hours after the same has been deposited in course of transmission of the United States mail. As of the effective date of such suspension, all operations pursuant to such permit shall cease. Within five days after the effective date of the order of suspension, the permit shall be deemed revoked unless within the period of time, the permittee files a written letter of appeal, appealing the decision of the city clerk to the city council in the manner set forth in Section 5.36.040.
(Prior code § 6607)