Chapter 13.38
HANDBILL DISTRIBUTION
Sections:
13.38.230 Distribution Regulations.
13.38.220 Definitions.
For the purposes of this Part, the words and phrases set forth in this Section shall have the following meanings, unless the context clearly indicates to 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, for the purposes of this Part, “commercial handbill” means and includes the distribution or circulation of samples of goods, wares and merchandise.
“Handbill” means a printed (“printed” 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; handbill does not include newspaper. For the purposes of this sub section, “newspaper” means a periodical published primarily for the dissemination of news and intelligence of a general character.
“Non-Commercial handbill” means any handbill other a commercial handbill. (Ord. 89-9, 3/28/89)
13.38.230 Distribution Regulations.
The following regulations shall apply to the distribution and circulation of commercial handbills within the City:
A. Name of Distributor. No persons shall circulate or distribute or cause to be circulated or distributed, any commercial handbill within the City unless it bears conspicuously thereon the name, address and telephone number of the distributor or other person responsible for the distribution; and
B. Consent of Distribution. No persons 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 the property. For the purpose of this section, the consent of the owner or occupant of the property shall be presumed unless the owner or occupant has conspicuously posted upon the property a sign or other device which contains language which prohibits handbill delivery in or upon the premises; and
C. Distribution On Public Property. No persons shall distribute or circulate, or cause to be circulated or distributed, any commercial handbill in and along any street, alley or other public place within the City; and
D. Distribution On Motor Vehicles. No persons shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill by placing it in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the State of California, which is parked upon any public street, alley or public parking area, or upon any such vehicle parked upon any private property; and
E. Distribution On Private Property. The delivery of commercial handbills on private property shall be accomplished by personally delivering the handbill to the person occupying the residential property, or by placing the handbill upon the property securely, to ensure that the handbill will not be blown from the property on to other lots or public place; and
F. Hours of Distribution. No person shall distribute or circulate, or cause to be circulated or distributed, any commercial handbill between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day. (Ord. 89-9, 3/28/89)
13.38.240 Violation—Penalty.
Any person, firm, or corporation violating any of the provisions of this Part 8 of Chapter 13.38 is guilty or an infraction, which is punishable by:
A. A fine not exceeding $50.00 for a first violation;
B. A fine not exceeding $100.00 for a second violation within one year; or
C. A fine not exceeding $250.00 for each additional violation within one year. (Ord. 89-9, 3/28/89)