[HISTORY: Adopted by the City Council of the City of Roseville 2-28-1984 by Ord. No. 895 as Ch. 165 of the 1984 Code. Amendments noted where applicable.]
To protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as herein defined, 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:
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 distributors, by requiring the registration of all such solicitors, canvassers or 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.
To protect local residents against trespassing by solicitors, canvassers or handbill distributors upon the 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.
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.
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 the same.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Includes any person engaging in the business for hire of posting, fastening, nailing or otherwise affixing any sign containing a message or information of any kind whatsoever, to any outdoor billboard or to or upon any bridge, fence, pole, post, sidewalk or tree or to or upon the exterior of any other structure, except that the terms of this definition shall not apply to nor include any such sign mounted on, fastened to or suspended from the outside of any building or other structure, in accordance with and authorized by any provision of an ordinance or statute, either for any public convenience or use, or regulating the construction or use of so-called "outdoor display signs," whether such display signs are illuminated or not.
- COMMERCIAL HANDBILL
- Includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper or booklet or any other printed or otherwise reproduced original or copies of any matter or literature which:
- A. Advertises for sale any merchandise, product, commodity or thing;
- B. 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;
- C. 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 definition 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 when either of the same is held, given or takes place in connection with the dissemination which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this definition 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;
- D. 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; or
- E. Is not covered by the definition of "sign."
- HANDBILL DISTRIBUTOR
- 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.
- Includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, 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, shall mean and include any periodical or current magazine regularly published with not less than four issues per year and sold to the public.
- NONCOMMERCIAL HANDBILL
- Includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine or paper booklet or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definition of a "sign" or a "commercial handbill" or a "newspaper."
- Includes any person, firm, partnership, association, corporation, company or organization of any kind.
- PRIVATE PREMISES
- 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 shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
- PUBLIC PLACE
- 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.
No person shall post, stick, stamp, paint or otherwise affix, 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 or flagstone or any other portion or part of any public way or public place or any lamppost, electric light, telegraph or telephone or trolley line pole or railway structure, hydrant, shade 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 this state or the ordinances of the city.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial handbill in or upon any public place within this city, and it shall be also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be 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.
It shall be 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.
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.
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises if requested by anyone thereon not to do so, or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents" or "No Advertisement," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left upon such premises.
No person licensed under the provisions of this chapter, or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, the aforesaid licensee or other person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be used when so prohibited by federal postal laws or regulations.
It shall be unlawful for any person to engage in the business of a billposter for hire or as 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 the 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 is required under the terms of any applicable law or ordinance.
Any person desiring to engage, as principal, either in the business of a billposter for hire or in the business of distributing commercial or noncommercial handbills for hire, shall make application to and receive from the Roseville Police Department a license in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of this Code. Such applicant shall make written application to the Roseville Police Department upon a form or forms provided for such purpose by such Department. 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 and the probable number of agents and employees so to be engaged, together with a request for a license for the period for which the applicant seeks to engage in such business.
Without excluding other just grounds for revocation, the City Council, or official so empowered by law, 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 for any other grounds specified by law. Such application shall be accompanied by the fee hereinafter provided for in this chapter. No license issued under this chapter shall be transferable, and if 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.
License fees under the terms of this chapter, and for such purpose, shall be as provided in Chapter 133, Fees, provided that persons acting for licensees, as agents or employees, in the posting or distributing of any such signs or 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 hereof and shall be subject thereto.
[Amended 7-22-1986 by Ord. No. 944]
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.
It shall be unlawful for the owner, lessee, occupant or agent of premises to permit any person, whether licensed or acting under the terms of this chapter or otherwise, to post, affix or otherwise attach to any building, structure or fixture located upon such premises, whether such fixture is natural or artificial, any poster or handbill containing any matter prohibited by the terms of this chapter.
It shall be unlawful for any person to post, hand out, distribute or transmit any sign or any commercial or noncommercial handbill, which:
May reasonably tend to incite riot or other public disorder or which advocates disloyalty to or the overthrow of the Government of the United States or of this state by means of any artifice, scheme or violence or which urges any unlawful conduct or encourages or tends to encourage a breach of the public peace or good order of the community.
Is offensive to public morals or decency or which contains blasphemous, obscene, libelous or scurrilous language.
This chapter shall not be deemed to repeal, amend or modify any ordinance ever ordained, either prohibiting, regulating or licensing 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 herein.
Any person who shall violate any provision of this chapter, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I.