Chapter 5.16 HANDBILLS AND CIRCULARS

Chapter 5.16
HANDBILLS AND CIRCULARS

Sections:

5.16.010 License – Required – Applicability.

5.16.020 License – Application requirements and conditions of issuance.

5.16.010 License – Required – Applicability.

It is unlawful to distribute, pass out, place or throw any commercial or advertising handbill, pamphlet, circular or other material on any public street, sidewalk, park, square or other City property, or to post or affix the same to any pole, fence or tree on such property, without first obtaining a license as provided in this chapter; provided, however, that this section shall not apply to any matter the distribution of which without a permit or license is protected by the provisions of the Constitution of the United States. Nor shall the provisions of this section apply to the sale, delivery or distribution of a newspaper to a purchaser thereof. [Ord. 747 § 1, 1969; Ord. 346 § 1, 1937.]

5.16.020 License – Application requirements and conditions of issuance.

Any person, firm or corporation desiring a license under this chapter shall make written application therefor to the Chief of Police of the City, accompanied by a bond in the sum of $500.00 issued by a surety company authorized to issue such bonds in the State, such bond to be conditioned upon the proper compliance by the applicant, and all agents and employees thereof, with the provisions of this chapter and of the license and all regulations prescribed by the Chief of Police in relation thereto, and to provide for the payment of the penal sum thereof to the City in the event such provisions and regulations are not properly complied with, and such bond to be also conditioned upon the full responsibility of the applicant, and all agents and employees thereof, in accordance with the provisions of the license for any injury done to any person or property in the performance of, or failure to perform, any act permitted or required by this chapter or by the license or regulation. The license shall be in such form and contain such provisions as shall be prescribed by the Chief of Police consistently with the terms of this chapter. Upon receiving such application and bond, the Chief of Police shall issue to the applicant such license upon the payment of a license fee of $50.00. Such license shall be a yearly license and shall expire on the thirtieth day of June following its issuance; and in no event shall the amount of the license fee be prorated, notwithstanding the date of issuance of such license. Such license shall extend to the applicant and all agents and employees thereof. Any person acting or operating, or claiming to act or operate, under or by virtue of any license issued under this chapter, shall upon request of the Chief of Police, or of any police officer of the City, exhibit to him such license or inform him of the number and date of issuance thereof; or shall upon like request exhibit evidence of such agency or employment. If any licensee, or any agent or employee thereof, violates the provisions of this chapter or of the license or any regulations of the Chief of Police such license shall be immediately revoked by the Chief of Police and no other license under this chapter shall be issued to such person, firm or corporation, or to the person guilty of such violation, except upon the order of the City Council. [Ord. 346 § 2, 1937.]

5.16.030 Littering prohibited.

No person, firm or corporation shall throw or place, or cause to be thrown or placed, in or upon or along any public street, sidewalk, square or other public place or property in the City, or in or along any creek or drain ditch in the City, or in or upon any automobile or other vehicle on or in any public street or place in the City, or in, on or upon any private property in the City, any papers, rags, bottles, cans or other refuse; provided, that the provisions of this section shall not apply to any acts done on private property, other than any creek or drain ditch, with the consent of the owner or lawful possessor thereof. The term “papers” as used in this section shall not include newspapers when sold, delivered or distributed under the conditions stated in SMC 5.16.010, provided such matter is distributed in accordance with this chapter and the provisions of such license and the regulations of the Chief of Police. [Ord. 346 § 3, 1937.]

5.16.040 Penalty for violation.

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $50.00, or by imprisonment for not more than 25 days, or by both such fine and imprisonment. [Ord. 346 § 4, 1937.]