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Article 10-9
HANDBILLSSections:
10-9-1 Intent and Purpose
10-9-2 Definitions
10-9-3 Posting Notice, Placard, Bill, Etc., Prohibited
10-9-4 Throwing Handbills in Public Places Prohibited
10-9-5 Placing Handbills In or Upon Vehicles Prohibited
10-9-6 Distribution of Handbills on Uninhabited or Vacant Private Premises Prohibited
10-9-7 Distribution of Handbills Where Prohibition Properly Posted
10-9-8 Distributing Handbills At Private Premises; Exceptions
10-9-9 Handbills Depicting Certain Matter Prohibited
10-9-10 Existing Ordinances Not Affected
10-9-11 For Penalty Provision; See Section 10-1-23
10-9-1 Intent and Purpose
The Town Council of the Town of Oro Valley finds and declares that to protect the people against the nuisance of and incident to the promiscuous distribution of handbills and circulars, 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 Code are specifically declared to be as follows:
A. 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;
B. 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 and non-commercial handbills; and
C. To preserve the people’s constitutional right to receive and disseminate information.
(02-07, Added, 03/20/2002)
10-9-2 Definitions
The following words, terms and phrases, when used in this Code, have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
A. Commercial handbill shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:
1. Which advertises for sale any merchandise, product, commodity, or thing;
2. Which 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;
3. Which 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 order; provided, that nothing contained in this clause shall be derived 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 Town; or
4. Which, 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. This shall not apply to political materials.
B. Newspaper shall mean and include 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.
C. Non-Commercial handbill shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or a newspaper.
D. Obscene means material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interests or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable State law, which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
E. Person shall mean and include any person, firm, partnership, association, corporation, company or organization of any kind.
F. Private premises shall mean and include any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited, uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtent to such dwelling, house, building, or other structure.
G. Public place shall mean and include any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, business parking lots, grounds, and buildings.
(02-07, Added, 03/20/2002)
10-9-3 Posting Notice, Placard, Bill, Etc., Prohibited
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, flagstone, or any other portion or part of any public way or public place, or any lamp post, electric light, telegraph, 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 except such as may be authorized or required by the laws of the United States, or the State of Arizona, and the Ordinances of the Town.
(02-07, Added, 03/20/2002)
10-9-4 Throwing Handbills in Public Places Prohibited
It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any public place within the Town. Provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or non-commercial handbill in any public place to any person willing to accept such handbill.
(02-07, Added, 03/20/2002)
10-9-5 Placing Handbills In or Upon Vehicles Prohibited
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any automobile or other vehicle. The provisions of ths Section shall not be deemed to prohibit the handing, transmitting or distributing of any commercial or non-commercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same.
(02-07, Added, 03/20/2002)
10-9-6 Distribution of Handbills on Uninhabited or Vacant Private Premises Prohibited
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are uninhabited or vacant.
(02-07, Added, 03/20/2002)
10-9-7 Distribution of Handbills Where Prohibition Properly Posted
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial 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", "No Advertisements", 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 commercial or non-commercial handbills left upon such premises.
(02-07, Added, 03/20/2002)
10-9-8 Distributing Handbills At Private Premises; Exceptions
A. No person shall throw, deposit, or distribute any commercial or non-commercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, that, except where the premises are posted as provided in this Code or where anyone upon the premises requests otherwise, a person may place or deposit any such commercial or non-commercial handbill in or upon such private premises, if such handbill is contained in a plastic bag ventilated with airholes throughout the surface of the bag, or unventilated plastic bag no greater than six (6) inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law regulations.
B. The provisions of this Section shall not apply to the distribution of mail by the United States or to newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
(02-07, Added, 03/20/2002)
10-9-9 Handbills Depicting Certain Matter Prohibited
It shall be unlawful for any person to post, hand out, distribute or transmit any sign, or any handbill:
A. Which is reasonably likely to incide or to produce imminent lawless action; or
B. Which is obscene or unlawful.
(02-07, Added, 03/20/2002)
10-9-10 Existing Ordinances Not Affected
This Code 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.
(02-07, Added, 03/20/2002)
10-9-11 For Penalty Provision; See Section 10-1-23
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