ARTICLE II. HANDBILLS AND BILLPOSTERS
DIVISION 1. GENERALLY
6-36 Purpose of article.
In order to protect the people of the city against the nuisance of the uncontrolled distribution of handbills and circulars, particularly commercial handbills, the public interest, convenience and necessity require the regulations thereof and to that end the purposes of this article shall be as follows:
(1) 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.
(2) 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.
(3) 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 uncontrolled distribution of advertising matter and commercial handbills.
(4) 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 uncontrolled distribution of advertising and commercial circulars and the right to deliver noncommercial handbills to all who are willing to receive such handbills.
(Code 1985, § 3-1)
State law reference—False advertising, MCL 750.33, MSA 28.222.
6-37 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Billposter means any person engaging in the business for hire of posting, fastening, nailing or affixing any written, painted or printed matter of any kind, containing a message of information of any kind, to any outdoor billboard, or upon any bridge, fence, pole, post, sidewalk, tree or upon the exterior of any other structure. This definition shall not apply to or include any 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 this Code or any statute, either for any public convenience or use or for regulating the construction or use of outdoor display signs, whether the display signs are illuminated or not.
Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper booklet, or any other printed or otherwise reproduced original or copies of any matter of literature which:
(1) Advertises for sale any merchandise, produce, commodity or thing;
(2) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
(3) 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 clause 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 of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good orders; provided, that nothing contained in this clause 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 ordinances of this city; or
(4) 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.
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.
Newspaper means any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording office 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 means any printed or written matter, any sample, or any device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definitions of a commercial handbill or newspaper.
Private premises means 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 and mailbox belonging or appurtenant to such dwelling, house, building or other structure.
(Code 1985, § 3-2)
Cross reference—Definitions generally, § 1-2.
6-38—6-55. Reserved.
DIVISION 2. DISTRIBUTION OF HANDBILLS
6-56 Exemptions from division.
The provisions of this division shall not be deemed to apply to the distribution of mail by the United States, to newspaper, nor to legal notices posted by authority of any court or governmental agency.
(Code 1985, § 3-16)
6-57 Throwing or distributing handbills in public places.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the city, or hand out or distribute or sell any commercial handbill in any public place; provided that any person may hand out or distribute, or sell to the receiver thereof, any noncommercial handbill to any person willing to accept it.
(Code 1985, § 3-3)
6-58 Placing handbills on vehicle.
(a) No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbills in or upon any automobile or other vehicle.
(b) The provisions of this section shall not be deemed to prohibit the handling, 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 handbill or to any legal notices attached to any vehicle by authority of any court or government agency.
(Code 1985, § 3-4)
6-59 Distributing handbills on streets and intersections.
(a) No person shall in the course of distributing commercial or noncommercial handbills to occupants of vehicles temporarily stopped on city streets, highways or intersections distribute handbills if such actions:
(1) Obstruct any public street, highway or intersection by hindering, impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
(2) Create or cause to be created a danger of breach of the peace; or
(3) Create or cause to be created any danger to the life or safety of pedestrians or occupants of vehicles engaged in lawful passage on any street, highway or intersection.
(b) Whenever any police officer shall in the exercise of reasonable judgment decide that the presence of any handbill distributor on a street, highway or intersection is causing any of the conditions enumerated in subsection (a) of this section, he may if he deems it necessary for the preservation of the public peace and safety order the person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
(Code 1985, § 3-5)
6-60 Distribution of handbills at inhabited private premises.
(a) No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any private premises which are inhabited, except by handing or transmitting such handbill directly to the owner, occupant or any other person then present in or upon such private premises.
(b) Any person may place or deposit any noncommercial handbill in or upon inhabited private premises which are not posted as provided in section 6-62, unless requested by anyone thereon not to do so, and provided that such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifting about such premises or elsewhere, except that mailboxes may not be so used when prohibited by federal postal laws or regulations.
(Code 1985, § 3-7)
6-61 Depositing handbills on uninhabited or vacant premises.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant where:
(1) It is apparent that the property is unoccupied;
(2) It is apparent that a previous day’s distribution of handbills has not been removed; or
(3) The owner has not given his permission to do so.
(Code 1985, § 3-6)
6-62 Distribution of handbills prohibited where premises properly posted.
No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous position near the entrance thereto a sign bearing the words: “no trespassing,” “no peddlers or agents,” “no advertisement,” or any similar notice, indicating in any manner that the occupants of such premises do not desire to be annoyed or to have their right to privacy disturbed, or to have any such handbills left upon their premises.
(Code 1985, § 3-8)
6-63 Hours of distribution.
No person shall distribute or deposit any commercial or noncommercial handbills daily from 8:00 p.m. to 8:00 a.m. of the following morning.
(Code 1985, § 3-9)
6-64 Commercial distributors of handbills; license required.
(a) No person shall engage in the business of handbill distributor for hire without first complying with the provisions of this division and all other relevant laws and regulations.
(b) Nothing contained in this division shall apply to any person advertising his business or activity upon his own premises, if such business or activity is regularly established at a definite location in the city, and if a license has been obtained therefor, if a license is required under the terms of any applicable law or ordinance.
(Code 1985, § 3-10)
6-65 Application for commercial distributor’s license; contents.
(a) Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire shall make application to and receive from the clerk a distributor’s license. Such applicant shall make written application to the clerk upon forms provided for such purpose by the clerk.
(b) The forms 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, 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. The application shall be accompanied by the fee provided for in section 6-66
(Code 1985, § 3-11)
6-66 License fees.
(a) The city council shall determine by resolution, from time to time, the amount of the fees for a commercial distributor’s license based on the following time periods:
(1) A one-year license;
(2) A three-month license;
(3) A one-week license;
(4) A one-day license.
(b) Any person acting for a licensee under this division, as agent or employee in the distribution of handbills, shall not be required to obtain a license or pay a fee, but such person shall comply with all of the other provisions of this division.
(Code 1985, § 3-12)
6-67 Refund of license fees.
If any commercial distributor’s license is surrendered by the licensee or is revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of the license fee.
(Code 1985, § 3-14)
6-68 Transferability of commercial distributor’s license.
No license issued under this division shall be transferable to any other person.
(Code 1985, § 3-13)
6-69 Revocation of commercial distributor license.
The city council 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 division, or any other grounds specified by law.
(Code 1985, § 3-15)
6-70 Commercial handbills; names of printer and distributor required.
All commercial handbills which are distributed, deposited, scattered, handed out or circulated in any place or under any circumstances shall have printed on the corner, front or back thereof the following information:
(1) The name and address of the person who printed, wrote, compiled or manufactured such handbill; and
(2) The name and address of the person who caused such handbill to be distributed.
(Code 1985, § 3-17)
6-71—6-95 Reserved.
DIVISION 3. BILLPOSTERS
6-96 License required; exception.
No person shall engage in the business of a billposter for hire without first complying with the terms of this division and all other relevant laws and regulations. Nothing contained in the division shall apply to any person advertising his business or activity upon his 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.
(Code 1985, § 3-18)
6-97 Application for license.
(a) Any person desiring to engage, as principal, in the business of a billposter for hire, shall make application to and receive from the clerk a license in the manner and for the period prescribed by the terms of this division. Such applicant shall make written application to the clerk upon forms provided for such purpose by the clerk.
(b) The application forms for a billposter’s license shall contain, among other things that may be required, the name, business address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents and employees to be so engaged, together with a request for a license for the period for which the applicant seeks to engage in such business. Such application shall be accompanied by the fee provided for in section 6-98
(Code 1985, § 3-19)
6-98 License fees.
(a) The city council shall determine by resolution, from time to time, the amount of the fees for billposter’s licenses based on the following time periods:
(1) A one-year license;
(2) A three-month license;
(3) A one-week license;
(4) A one-day license.
(b) Any person acting for a licensee under this division, as agent or employee in the posting of signs shall not be required to obtain a license or pay a fee, but such person shall comply with all of the other provisions of this division.
(Code 1985, § 3-20)
6-99 Refund of license fee.
If any billposter’s license is surrendered by the licensee or is revoked for cause, neither the licensee named in such license nor any other person shall be entitled to any refund of any part of the license fee.
(Code 1985, § 3-22)
6-100 Transferability of license.
No license issued under this division shall be transferable to any other person.
(Code 1985, § 3-21)
6-101 Revocation of license.
The city council 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 the violation of this division or any other grounds specified by law.
(Code 1985, § 3-23)
6-102 Billposting without property owner’s consent prohibited.
No person shall post, paint, burn, set up or expose any bill, placard or advertisement, or cause any bill, placard or advertisement to be posted, painted, burnt, set up or exposed, upon the property or premises of any other person without first obtaining the consent of the legal owner or custodian of such property or premises.
(Code 1985, § 3-24)
6-103 Name on billboard evidence of knowledge.
The name or part of the name of any person appearing on any bill, placard or advertisement, or the fact that the goods, wares, merchandise or business of any person are advertised by such bill, placard or advertisement, shall be prima facie evidence of its presence there by authority or with the knowledge of such person.
(Code 1985, § 3-25)
6-104 Billposting prohibited except where expressly authorized by law.
No placard, poster, circular, showbill, handbill, card, leaflet, political sign or other advertising matter whatsoever, except that which may be expressly authorized by law, shall be placed, posted, nailed, painted, printed, stamped or in any way be attached on any street or sidewalk, or upon any fence, wall, post, tree, platform tower, telegraph pole, telephone pole, electric light pole or other utility pole or tower or in or upon any easement, right-of-way, or on any public property whatsoever in this city.
(Code 1985, § 3-26)