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HomeMy WebLinkAboutORD 108ORDINANCE NO. 106 All ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA REGULATINC AND CONTROLLING THE DISTRIBUTION OF HANDBILLS. Sections: i. Purpose 2. Definitions 3. Posting notice$ placard or bill prohibited in certain cases 6. Throwing lundbilis broadcast in public places prohibited S. Placing handbills in or on vehicles 6. Distribution on uninhabited or vacant private premises of commercial or noncommercial handbills 7. Distribution prohibited where properly posted S. Distribution of handbills on private premises 9. Distributors - Permit, fee 10. Commercial handbill permit procedure 11. Action of Code Enforcement Supervisor 12. Issuance of permit - Definition of area for dis- tribution of commercial handbills to pedestrians 13. Permit fee 16. Revocation of permit 15. Permits nontransferable 16. Exemptions CSection 1. Purpose To protect the people from the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as herein defined, with the resulting detriment and danger to public health and safety, the public interest, conven- ience and necessity requires the regulation thereof, and to that end the purposes of this Ordinance are specifically declared to be as follows: (a) 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 solicitors, canvassers, or employers, and by regulating the business of handbill and advertising distribution through the imposition of reasonable license and permit fees. (b) To protect local residents against trespassing by solicitors, canvassers, or handbill distributors, upon private property of such residents if their have given reasonable notice that they do not wish to be solicited by such persons, or do not desire to receive handbills or advertising mutters. (c) To protect the people against the health and safety somwo and•the expenss incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial handbills. (d) To preserve to the People their constitutional right to receive and disseminate infoemation not restricted under the ordinsty rules of decency and good morals and public order, by distie�uishing between the nuisance created by the promiscuous distri66uuttion of advertising and comercisl circulars and the right -1- to deliver noncommercial handbills to all who are willing to receive the sans. Said right being limited solely by the needs of pedestrian and traffic safety. Section -I.- Definitions. The following words, terms and phrases when used in this Ordinance have the meanings ascribed to them in this Section except where the context clearly indicates a different meaning. "Ccamrcial handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper. booklet, or any other printed or otherwise repro- duced original or copies of any matter or literature. (a) Which advertises for sale any merchandise, product. commodity, or thing, or (b) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promot,.ng the interests thereof by sales. or (c) 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 pur- pose of defraying the expenses incident to such meeting, theatri- Vperformance. exhibition, or event of any kind, when either the dissemination of information which is not restricted under ordinary rules of decency. good morals, public peace. safety and good order; provided thst 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 permit where such permit is or may be re- quired by any law of this state, or under any ordinance of this City, or (d) Which, while containing reading matter other than advertising smatteris predominantly and essentially.an advertise- uent. 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 distribut- ing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving com- pensation directly or indirectly for the distribution of such handbills. "Noncommercial handbill" means and includes any printed or written matter, any sample or device dodger, circular. leaflet, or otherwise reproduced original or copies of any matter or litera- ture not included in the aforesaid definitions of a sign. or a oosmercial handbill, or a newspaper. -Z- tenon" means and includes any parson firm, partnership, asteeiatten, eorporation, noapany or organization of any kind. y "Private premises" means and includes any dwelling house, buildinglL or other structure designed or used either wholly or in part goy private residentLal purposes. whether inhabited or temporarily or continuously uninhabited or vacant, and shall include 1 ar other structure. walk, driveway. porch steps, vestibule, building o "Public place" means and includes any and all streets, boulevards. avenues, lanes, alleys,, or other public ways, and any and all public parks, squares, spaces, plazas. grounds and buildings. Words singular in form may include the plural; any words plural in fora may include the singulars and words in the masculine gender shall include the feminine and neuter ganders. Section 3. Postinit Notice Placard or Bill Prohibited in certain cases. No person shall post. stick, stamp, paint or otherwise fix, 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, utility pole, or railway structure hydrant, tree or tree -box. or upon the piers, columns, trusses, iirders. railings, grates or other parts of any public bridge or viaduct or other public struc- ture or building, except such as may be authorized or required by the laws of the United States, or state and the ordinances of the City. Section 4. Throwinit Handbills Broadcast in Public Places FVohlbitod. It is unlawful for any parson to deposit, place, throw. scatter or case any commercial or noncommercial handbill in or upon any public place within this City; and it is also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided however, that it is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill in any public place to any per- son willing to accept such noncommercial handbill as provided in this Ordinance. Section S. Placing Handbills in or on Vehicles. It shall be unlawful for any person to distribute. deposit, place, throw, scatter or cast any cosm►ercial or noncommercial hand- bill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing or distribution of any noncommercial handbill to the owner or other occupant of say automobile or other vehicle who is willing to accept the same. 860tifti a i or VacipS Private PrtMoao It is unlawful for any person to distribute, deposits places 030 yr . tWml, scatter, or cast enT cosseretal or noncommercial handbill in orvpM any private praxises which are temporarily or continuously Usinhabited or vacant. IS"Wan i. Distribution Prohibited Where Properly Posted. It is unlawful for any person to distribute deposit, lace throw, scatter or cast any commercial or noncommercial handbill upon my inhabited private premises if requested by anyone thereon not to do to, or if there is pieced on said premises in a conspicuous position near the entrance thereof, 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 said premises do not desire to be molested or have their right of pri- vacy disturbed, or to have any such handbills left on such premises. Section S. Distribution of Handbills on Private Premises. No person shall distribute, place. deposit, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises. except by handing or transmitting any such hand- bill to the owner. occupant or other person then present in or upon such private premises or by placing or depositing such hand- bill on the premises in such a manner as to secure or prevent such handbill from being blown or drifted about such premises. Section 9. Distributors - Permit. Fee. It is unlawful for any person to engage in the business of handbill distributor for hire, or for any person to distribute commercial or noncommercial handbills, without first complying with the terns of this Ordinance and all other relevant laws and regula- tions; provided that nothing contained herein 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 such City, and also if a license has been obtained there- for, if such license is required under the terms of any applicable law or ordinance. Section 10. Commercial Handbill Permit Procedure. Any person desiring to distribute commercial handbills shall wake application and receive from tote Code Enforcement Supervisor a permit to carry an his activity as prescribed by the terms of this ordinance. Such applicant shall make written application upon a form or foram provided for such purpose by the Code Enforcement Supsrvisor. Such forms shall contain the following or additional iniormatioa as deemed necossarys (a Applicant's name; (b Business address; a Residence address; d A brief description of the nature of the business to be conducted by the applicants (a) The probable number of agents and employees to be ons+Nds (f) A ppicture of the applicant, two inch by two inch taken within the lost calendar years (t) Last two occupations of the applicant; (b) Arrest and/or convictions or crises other than Vehicle Code violations; (i) A cop or copies of the handbill or handbills to be distributed. -i. 0 yeti _ii.�Aetiea_ot Oode_taforoemeat subervisor. no Code latorcewaat supervisor shall investigate the rpplieattom for trathfxlasss of the facts therein set forth and shall have a period of tee (10) days for such investigation. If the Ogle Isforcement Supervisor ascertains the falsity of any of the OOatMts of the application, no permit shall be issued to the applicant. If the Code Enforcement Supervisor ascertains a crime bas been eosnitted by the applicant involving moral turpitude, no permit shall be issued. Section IS. _Issuance of Permit -Definition of Area for Distribu- tion of Commercial Handbills to Pedestrians. If applicant complies with the requirements of Section 10 and 11 at the expiration of the ten (10) day period, or sooner, If the chief of police is able to make the investigation, applicant shall be issued permit to distribute commercial handbills. No handbills shall be distributed between the hours of five p.m. and the following eight a.m., nor on any Sunday or holiday. Section 13. Permit lee. (a) A permit fee of Twenty Dollars ($20.00) shall be charged each commercial applicant. This fee shall be in addition to any other license fee, or taxes required by any other law of the City. (b) Persons and organisations exempt from the payment of the business license tax Ordinance No. 60 shall also be exempt from the payment of permit fees. Section 14. Revocation of Permit. If at any time after the issuance of a permit to distribute commercial handbills, the chief of police ascertains a false state- ment has been made in the application of the permittee, or if the permittee is or has been convicted of a crime involving moral turpitude, or if the permit ee violates any provisions of the Ordinance relating to the distribution of handbills, the chief of police, after affording the permittee due opportunity for a hearing in which the permittee might refute the charges, may revoke the permit of the subject, and said permittee afterward shall not further distribute commercial handbills in the City. Section lb. Permits Nontransferable. No permit issued under this Ordinance shall be surrendered by the permittee named, or shall be revoked for cause, neither the permittee named in such permit, nor any person shall fur- ther distribute handbills pursuant to the said permit, and any fees paid for such permit shall not be refunded. Section le. Exemptions. The foregoing provisions of this Ordinance shall not apply to the distribution of folded newspapers of general circulation, as the same are defined is the Government Code of the State of California, or other folded newspapers, articles, advertising supplements or articles whiab are routinely delivered on an estatlisbsd schedule and printed by a publisher of a general air- sslatios newspaper. -d- "M City Clark of the City of Palm Desert, California, I* bars" directed to cause this Ordinance to be published once within fifteet (16) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California. PASSED, APPROVED and ADOPTED this ste day of April . 1076, by the following vote: ATEB: McPherson, Mullins, Newbrander, Seidler A Brush NOES: None ASSENT: None i ayor ATTEST: 1 ty clerx City of Palm Desert, California