Chapter 8.20
HANDBILLS
Sections:
8.20.030 Distribution or posting – Public property.
8.20.040 Distribution or posting – Private property and handbill restrictions.
Prior legislation: Ords. 495 and 627.
8.20.010 Purpose.
The purpose of this chapter is to control litter produced by the unauthorized use and distribution of handbills and preserve the natural scenic character and aesthetic appearance of the city. (Ord. 701 § 2 (Exh. 1), 2012)
8.20.020 Definitions.
“Distribute” means to hand, transmit, deposit, drop, throw, scatter, or cast, either directly or indirectly.
“Handbill,” for the purposes of this chapter, includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or other printed matter or literature.
“Person” means any individual person, firm, partnership, association, corporation, company, organization, society, group or legal entity of any kind.
“Residential property” means any dwelling, house, apartment, mobilehome, condominium, building, or other structure, designed or used either in whole 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, hallway, vestibule, or mailbox belonging to such dwelling, house, building, or other structure. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 190 § 1, 1960)
8.20.030 Distribution or posting – Public property.
A. It is unlawful for any person, either directly or indirectly, to deposit, place, throw, scatter or cast any handbill in or on any public thoroughfare, park, ground or other public place within the city.
B. It is unlawful for any person to post, print, stick, stamp, tack or otherwise affix, or cause the same to be done, any handbill, notice, placard, bill, poster, sticker, banner, sign, or advertisement in or upon any street right-of-way, park, parkland, public sidewalk, crosswalk, curb, curbstone, lamppost, hydrant, street sign, post, tree, electric or telephone line or pole, or upon any fixture of the fire alarm, police or telephone system or lighting system of the city, or on mailboxes, on the exterior of parked automotive vehicles or trailers within the street right-of-way, except where explicitly permitted by this code or a permit issued under the authority of this code.
C. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to any person willing to accept such handbill. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 295 § 1, 1973; Ord. 190 §§ 2, 4, 5, 1960)
8.20.040 Distribution or posting – Private property and handbill restrictions.
A. It is unlawful for any person to distribute any handbill in or upon any residential property unless the handbill is properly placed, secured, or deposited such that it will not be blown or drifted about the property or elsewhere, eliminating the hazards of randomly scattered litter. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or occupant of the private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or other private property.
B. It is unlawful for any person to distribute any handbill in or upon any residential property if there is placed on the property in a conspicuous position (near the entrance and, where feasible, visible from the public right-of-way) a legible notice of at least sixteen square inches in area bearing the words “No Handbills” or any similar notice indicating in any manner that the occupants do not desire to have their right of privacy disturbed or to have any such handbills left upon the property (such as a “No Solicitation” notice), unless such person has first received the written permission of the occupant authorizing the person to so distribute.
C. In order for this section to apply to multi-tenant residential properties where the owner, landlord, or property manager posts a “No Handbills” or similar notice on behalf of an occupant, the occupant shall have provided their prior authorization to the owner, landlord, or property manager. This section shall not supersede provisions of any landlord-tenant agreement or covenants, conditions and restrictions with respect to multi-unit residential housing.
D. The provisions of this chapter shall not apply to the following:
1. Distribution of any handbill to any person who is willing to accept the same;
2. Distribution of any handbill for which consideration has been paid by the person receiving such handbill; or
3. Distribution of any handbill made by a duly authorized public officer, public employee, or contractor acting with the authority of the city, the state of California, or the United States to promote the purpose of the contract. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 190 §§ 3, 6, 1960)