Chapter 5.12
HANDBILLS
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Sections:
5.12.010 Definitions.
5.12.020 Distributing on public or private property.
5.12.030 Placing in vehicles.
5.12.040 Prohibited where property posted.
5.12.050 Name and address of printer and distributor of handbills.
5.12.060 Hours of distribution limited.
5.12.070 Posting on property.
5.12.080 Exemptions.
5.12.090 Penalty for violation.
5.12.010 Definitions.
The following words, terms and phrases when used in this chapter have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. "Handbill" includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or any other printed matter or literature:
1. Which advertises for sale any merchandise, product, commodity or thing,
2. Which directs attention to any business or other activity for the purpose of either directly or indirectly promoting their interest by sales of their products, materials or services or stocks in trade,
3. Which directs attention to or advertises any meeting, theatrical, or other performance or event held or conducted for private monetary profit or gain for which admission fee is charged,
4. Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and distributed or circulated for advertising purposes at the expense of the advertiser, or for the purpose of advancing the private business or interest of the advertiser; provided, that this definition shall not include a bona fide newspaper as such is hereinafter defined;
B. "Newspaper" means and includes any newspaper of general circulation which, while containing advertising matter, is predominantly and essentially a newspaper or publication for the dissemination of news;
C. "Person" includes any person, firm, partnership, association, corporation, company or organization of any kind;
D. "Private premises" means and includes any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or vacant, and includes any grounds, walk, driveway, porch, steps, vestibule or mailbox, belonging to or appurtenant to such dwelling, house, building or other structure. (Ord. 277 § 1.00, 1957).
5.12.020 Distributing on public or private property.
It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast any handbill in or upon any public thoroughfare, park, ground or other public place, or upon any private premises within the city; provided, that this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to any person upon such public or private property willing to accept the same. (Ord. 277 § 2.00, 1957).
5.12.030 Placing in vehicles.
It is unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle; provided, that this section shall not be deemed to prohibit the handing or transmitting or distributing of any handbill to the owner or other occupant of any automobile willing to receive the same. (Ord. 277 § 3.00, 1957).
5.12.040 Prohibited where property posted.
It is unlawful for any person to deposit, distribute, place, throw, scatter or cast any handbill upon any premises where the owner or occupant of the premises has placed a sign in a conspicuous place near the entrance thereof, indicating that no handbills or advertisements are desired. (Ord. 277 § 4.00 1957).
5.12.050 Name and address of printer and distributor of handbills.
It is unlawful for any person to distribute, deposit, scatter, hand out or circulate any handbill in any place or under any circumstances which does not have printed on the cover, front or back thereof, the name and address of the following:
A. The person who caused the same to be written, printed, compiled or manufactured;
B. The person who caused the same to be distributed; provided, however, in the case of a fictitious person, club or group of any kind, in addition to the name of such fictitious person, club or group, the true names and addresses of the owners, managers or agents of the person or the committee acting for the club or group. (Ord. 277 § 5.00, 1957).
5.12.060 Hours of distribution limited.
It is unlawful for any person to distribute any handbills between the hours of 5:00 p.m. of any day and 8:00 a.m. of the following day. (Ord. 277 § 6.00, 1957).
5.12.070 Posting on property.
It is unlawful to post, stick, stamp, paint, place or otherwise affix or cause to be done, any notice, placard, bill, poster, or advertisement to or upon any sidewalk, crosswalk, curbing, hydrant, shade tree or tree box, fence, enclosure or building or upon any telephone, telegraph, electric lighting or railway pole, or motor vehicle within the city without first obtaining the permission of the owner, agent or occupant thereof; provided, that nothing within this section shall prohibit the posting of small death notices. (Ord. 277 § 7.00, 1957).
5.12.080 Exemptions.
The provisions of this chapter shall not be deemed to apply to the distribution of the United States mail, to bona fide newspapers upon orders of the owner or occupant of property, or to the delivery of any handbill to any person who has requested delivery of the same. (Ord. 277 § 8.00, 1957).
5.12.090 Penalty for violation.
Any person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $300.00 or by imprisonment in the county jail for not exceeding three months or by both such fine and imprisonment. (Ord. 277 § 10.00, 1957).