SUBJECT: INFORMATION REGARDING DISTRIBUTION OF ADVERTISING HANDBILLS ON PUBLIC AND PRIVATE PROPERTY

Recommendation:

That the City Council direct staff as deemed appropriate

Background:

The City Council previously directed staff to provide a summary of the existing Municipal Code provisions relating to distribution of handbill advertising on public and private property.

Analysis:

Chapter 5.48 of the Municipal Code regulates distribution of handbills on private and public property and vehicles and sets out penalties for violation the ordinance. Under Section 5.46.010 a "handbill" is defined as any printed or written commercial advertising matter " in the form of, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet or any other printed matter or literature."

Section 5.48.020 - Distribution of handbills on public property - provides that:

(A.) It is unlawful for any person, either directly or indirectly to deposit, place, throw, scatter or cast any handbill in or on any public thoroughfare, park, ground or other public place with the city. The provisions of this section shall not be deemed to prohibit the handling, transmitting or distributing of any handbill to any person willing to accept the handbill

(B.) No person who distributes any handbill on a public sidewalk or in a public park shall neglect to remove any handbill which is distributed by that person or any other person also distributing copies of the same handbill, which handbill is then thrown, cast or deposited on the ground by another person within one hundred (100) feet from the location of the particular distribution by said person.

Section 5.48.040 - Distribution of handbills on private property - provides that:

(A.) No person shall, for commercial purposes, distribute, deposit, throw, place or attach any handbill to, in or upon any porch, yard, steps, door or mailbox located upon any premises not in the possession of or under the control of the person distributing the said handbill, which premises has posted thereon in a conspicuous place, a sign of at least twelve linear inches in area bearing the words legibly and prominently, " No Advertising," unless the person distributing the handbills has first received the written permission of the person occupying or having possession of such premises authorizing him to do so.

(B.) It is unlawful for any person, either directly or indirectly, for commercial purposes, to distribute, deposit or place any handbill in or upon any private yard, door, steps, porch, or any other private property unless the handbill is firmly secured in place by a rubber band or is designed to hang securely on a doorknob in order to prevent the handbill from falling to the ground and creating litter.

(C.) The provisions of this section shall not be deemed to prohibit the placing of a political handbill, religious handbill, or a newspaper on the door or in front of and immediately adjacent to the door of any private residence.

The ordinance also similarly regulates posting of signs or handbills on public and private property and provides for recovering costs ($20.00 for removal of first handbill, $1.50 for each additional sign removed and an additional $5.00 for signs attached or affixed using adhesives) to remove the illegal posting or distribution of handbills. The fees are to be levied by the city due upon presentation of a written invoice and all unpaid fees are subject to payment by civil action as a misdemeanor.

Section 5.48.110 provides that:

Any person violating any provisions of this chapter is deemed guilty of a misdemeanor.

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