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ORDINANCE NO. 2546
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 6
(BUSINESS TAXES, LICENSES AND REGULATIONS) TO REPEAL AND
REENACT CHAPTER 6.36 (HANDBILLS)
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.36 (Handbills) is
hereby repealed and reenacted with a title to read as follows:
HANDBILLS
Sections:
6.36.010
Purpose.
6.36.020
Definitions.
6.36.030
Distribution of commercial handbills on private property.
6.36.040
Mail and newspaper excluded.
6.36.050
License — Required.
6.36.060
License — Information.
6.36.070
Time of distribution.
6.36.080
Manner of distribution.
6.36.090
Distribution prohibited where property posted.
6.36.100
No distribution notice.
6.36.110
Liability of Licensee and Strict Liability.
6.36.120
Violation — Penalty.
Section 2. Title 6 of the Redding Municipal Code is amended to add Sections 6.36.010
through 6.36.120, inclusive, to Chapter 6.36 to read as follows:
6.36.010 Purpose.
To protect the people against the nuisance incident to the promiscuous distribution of handbills and
circulars, particularly commercial handbills, as defined in Section 6.36.020, 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 chapter are specifically declared to be as
follows:
A. To protect the people against the predatory sales tactics or unlawful activities of operations of
dissolute persons of criminal habitats or tendencies, representing themselves as solicitors, canvassers or
handbill distributors, by requiring the registration of all such solicitors, canvassers or handbill
distributors, together with the names of their employees, or others distributing such material on their
behalf and by regulating the business of handbill and advertising distribution through the imposing of
reasonable license fees;
B. To protect local residents against trespassing by solicitors, canvassers or handbill distributors
upon the private property of residents;
C. To preserve the esthetics of the community and protect the people against the expense incident to
the littering of the streets and public places by the promiscuous and uncontrolled distribution of
advertising matter and commercial handbills; and
D. To preserve to the people their constitutional right to receive and disseminate information not
restricted under the ordinary rules of decency and good morals and public order, by distinguishing
between the nuisance created by the promiscuous distribution of advertising and commercial circulars
and the right to deliver noncommercial handbills to all who are willing to receive them.
6.36.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
A. "Commercial 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
reproduced original or copies of any matter or literature which has for its principal purpose one
or more of the following:
Which proposes a commercial transaction; or
2. Which directs attention to any business, mercantile, commercial establishment or
other activity for the purpose of either directly or indirectly promoting the interests
thereof by sales or service; or
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; 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 gains of any person so engaged as
advertiser or distributor.
B. "Noncommercial handbill" means and includes any printed or written matter, any sample
or device, dodger, 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
definitions of a commercial handbill or a newspaper.
C. "Newspaper" means and includes any newspaper of general circulation, as defined by
general law, any newspaper duly entered with the United States Post Office Department in
accordance with federal statute or regulation, any newspaper filed and recorded with any
recording officer as provided by general law, and, in addition thereto means and includes any
periodical or current magazine regularly published with not less than four issues per year, and
sold to the public.
D. "Private property" 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
temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk,
driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house,
building or other structure.
E. "Public property" means and includes any and all streets, boulevards, avenues, lanes,
alleys or other public ways, and any and all public parks, squares, plazas, grounds and buildings.
6.36.030 Distribution of commercial handbills upon private property.
No person shall throw, cast, distribute, scatter, deposit or place upon any private property within the city
any commercial handbill, without obtaining a license to do so.
6.36.040 Mail and newspaper excluded.
Nothing contained in this chapter shall be deemed to prohibit any of the following:
A. The distribution of any advertising matter by mail; and
B. The distribution of any newspaper or magazine to any person or on the premises of any
person who is a subscriber of any such newspaper or magazine.
6.36.050 License required.
A. Any person, business, organization, or other type of entity desiring to engage in the
distribution of commercial handbills must obtain a license to do so prior to any distribution being made.
The cost for such license shall be the same as the cost for a solicitor's or peddler's license.
B. Distributors of commercial handbills are required to carry identification demonstrating
affiliation with the applicant.
6.36.060 License information.
In making application for a license, the applicant shall supply the following information:
A. Name, street address, mailing address and telephone number of the applicant;
B. Upon request by the City, names, street addresses, mailing addresses and telephone
numbers of employees or others who will distribute handbills other than applicant;
C. Name, street address, mailing address and telephone number of person to be contacted
regarding complaints, if other than applicant.
6.36.070 Time of distribution.
A. No person shall enter upon private property between sunset and sunrise to distribute a
commercial handbill.
B. Handbills so distributed and not removed by the occupant of the private property shall be
retrieved by the distributor of the handbills no later than two (2) calendar days after the day on which
distribution occurred.
6.36.080 Manner of distribution.
Commercial handbills shall be distributed in a manner which will result in them being unable to be
dislodged except by the recipient from the location in which they are placed. Such location shall as well
be such that the occupant is likely to observe the item distributed.
6.36.090 Distribution prohibited where property posted.
A. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any
commercial or noncommercial handbill upon any premises 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 Advertisement," "No Solicitors," or any similar notice, indicating in any
manner that the occupants of the premises do not desire to be have their right of privacy disturbed or to
have any such commercial handbill left upon such premises.
B. It is further deemed unlawful to ring the bell or to knock at any residence, building or
place for the purpose of distributing or circulating a commercial or noncommercial handbill where such
a sign is displayed.
6.36.100 No distribution notice.
A. Each distributor who deposits a commercial or noncommercial handbill on the property
of another shall provide a notice on each commercial handbill in no less than fourteen (14) point type in
a place set apart from other text and easily visible to the recipient which sets forth a phone number and
email address by which the recipient may communicate to the distributor his or her intent not to receive
further commercial or noncommercial handbills.
B. Any distributor who has received notice from a recipient that the recipient does not desire
to receive commercial or noncommercial handbills shall, within seventy-two (72) hours of having
received such notice, cease all future distribution to that recipient.
6.36.110 Liability of licensee and strict liability.
A. Any applicant who has received a license pursuant to this Chapter shall be jointly and
severally liable for a violation of any Section within this Chapter made by the distributor acting under
such license.
B.
intent.
6.36.120
A.
Violation of any Section within this Chapter shall not require proof of knowledge or
Violation --Penalty.
Violation of any section set forth in this Chapter shall be an infraction.
B. This Chapter may be enforced by means of the administrative processes set forth in
Chapters 1.13 and 1.14 of the Redding Municipal Code.
C. Every day a violation of any provision of this Chapter continues will constitute a separate
violation.
Section 3. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of
the City of Redding hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. The passage of this ordinance is not a "project" according to the definition in the
California Environmental Quality Act, and therefore is not subject to the provisions requiring
environmental review.
Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and
the City Clerk shall certify to the adoption thereof and cause its publication according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City
Council of the City of Redding at a regular meeting on the 19th day of April, 2016, and was duly read
and adopted at a regular meeting on the 3rd day of May, 2016, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Attest:
"Yr
PAMELA MIZE, City k
Cadd, Schreder, Sullivan, Weaver, & McArthur
None
None
None
MI '�4HUR, Mayor
Form Approved:
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BARRY E. eWALT, City Attorney