Chapter 11.03


11.03.000    Purpose – Intent.

11.03.010    Definitions.

11.03.020    Prohibition of handbill and literature delivery to posted residents.

11.03.030    Handbill objectors list.

11.03.040    Exceptions.

11.03.050    Penalty.

11.03.060    Appeals.

11.03.070    Severability.

11.03.000 Purpose – Intent.

A. The purpose of this chapter is to protect the rights of City residents who desire not to receive unwanted print or other written materials, whether commercial or noncommercial in nature, including unsolicited newspapers. The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the materials they will allow to be delivered on their private property. A person may not be compelled to listen to or view any unwanted communication, spoken or written, whatever its merit, in the privacy of his home. When a resident affirmatively provides notice that he desires not to receive delivery of unsolicited print or other written materials, to deliver is, in effect, a trespass against the resident.

B. This chapter is intended to ensure and protect the privacy rights of City residents on their private property and to deter the accumulation of unsolicited literature that might signal that a house is unoccupied. It is further intended to prevent littering and protect the aesthetic appearance of the City by reasonable regulation of the time, place and manner of the distribution and delivery of unsolicited print or written materials in the City. [Ord. 12-004.]

11.03.010 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:

“Handbill” means any printed or written matter, any sample or device, dodger, circular, leaflet, newspaper, pamphlet, paper booklet, or any other printed or otherwise reproduced original or copy of any matter of literature.

“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.

“Literature” means multipage bounded or unbounded, printed or reproduced, written materials of any kind, including, but not limited to, pamphlets, telephone directories, books, magazines, newspapers, handbills, circulars, dodgers, announcements, or any other paper literature on any medium or material.

“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, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure, in addition to the gutter and public right-of-way immediately adjacent to such structure. [Ord. 12-004; Ord. 17-005 § 1.]

11.03.020 Prohibition of handbill and literature delivery to posted residents.

A. No person, organization, society, association, company or corporation, or their agents or representatives, including, but not limited to, an authorized agent or the actual deliverer or carrier, shall distribute any unsolicited handbill, literature, or other written material of any nature whatsoever in the City under any of the following circumstances:

1. When the premises has posted thereon, in a conspicuous place near the entrance, a sign or signs indicating that the occupants do not desire to have any handbill or literature left upon their premises;

2. When the premises has been included on the handbill objectors list; provided, that the premises has appeared on the list for at least thirty (30) days;

3. When it is apparent that a previous day’s distribution of advertising matter has not been removed; or

4. When it is apparent that the premises are vacant. [Ord. 12-004; Ord. 17-005 § 1.]

11.03.030 Handbill objectors list.

A. The City Clerk shall establish and maintain a handbill objectors list on the City’s webpage.

B. For a private premises to be added to the handbill objectors list, the owner or occupant of the premises must certify, under the penalty of perjury, that they are the owner or occupant of the premises and file a notice refusing consent for any unsolicited handbill or literature to be left at the premises.

C. The City Clerk shall develop a paper and electronic form to certify the information provided in subsection B of this section and any other information deemed necessary by the City Clerk.

D. The webpage containing the handbill objectors list shall include a public reporting mechanism for City residents to report noncompliance with this chapter. [Ord. 17-005 § 1.]

11.03.040 Exceptions.

This chapter shall not apply to the following:

A. Mail deliveries by the United States Postal Service;

B. Deliveries by private postal or package delivery services;

C. Literature delivered by Federal, State, or local governmental agencies;

D. Notice of any lien, foreclosure, or sale of the real property on which such notice is placed;

E. Legally authorized notices or process;

F. Literature delivered no more frequently than one (1) time per calendar year by any person;

G. Any handbill or literature to any person who has requested, or otherwise consents to, the delivery of the same;

H. Any literature or handbill delivered on behalf of nonprofit organizations, including churches, religious organizations, and organizations recognized for Federal tax exemption under Section 501(c)(3) of the Internal Revenue Code;

I. Literature or handbills comprised of political speech; or

J. Literature or handbills delivered on behalf of a registered campaign committee, a State or local initiative or referendum, or a Federal, State, or local candidate. [Ord. 12-004; Ord. 17-005 § 1. Formerly 11.03.070.]

11.03.050 Penalty.

Violations of this chapter shall be punished as an infraction. However, in the discretion of the Chief of Police, or his or her designee, a violation of this chapter may be punished in accordance with the administrative citation proceedings and penalties established by DMC 9.01.600 et seq. Violations of this chapter shall be punished according to the following schedule:

A. A fine not exceeding one hundred dollars ($100.00) for the first violation of this chapter;

B. A fine not exceeding two hundred dollars ($200.00) for the second violation of this chapter within one (1) year; and

C.  A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one (1) year. [Ord. 17-005 § 1.]

11.03.060 Appeals.

Any person cited for violating this chapter may appeal the citation to the City Council in accordance with DMC 9.01.600 et seq. [Ord. 17-005 § 1.]

11.03.070 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one (1) or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. [Ord. 17-005 § 1.]