Davis Municipal Code/28.03.020

Davis Municipal Code Chapter 28

PEDDLERS, SOLICITORS AND TRANSIENT VENDORS

28.03.020 Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Billposter. Any person engaging in the business for hire of posting, fastening, nailing or otherwise affixing any written, painted or printed matter of any kind, or other form of reproduction thereof, hereinafter called "sign", containing a message or information of any kind whatsoever, to any outdoor billboard or to or upon any bridge, fence, pole, post, sidewalk, tree or to or upon the exterior of any other structure; except, that the terms of this definition shall not apply to nor include any such sign mounted on, fastened to or suspended from the outside of any building or other structure, in accordance with and authorized by any provisions of an ordinance or statute, either for any public convenience or use, or regulating the construction or use of outdoor display signs.

Commercial handbill. 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:

(1)Which advertises for sale any merchandise, product, commodity, service or thing; or

(2)Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales; 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 for the purpose of fund-raising for a political candidate, campaign or ballot measure, if profit is thereby derived either directly or indirectly by any person; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order; provided, that 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 license, where such license is or may be required by any law of the state, or under any ordinance of the city; 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 gain of any person so engaged as advertiser or distributor.

Handbill distributor. 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.

Newspaper. Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, any periodical or current magazine regularly published with no fewer than four issues per year, and sold to the public.

Noncommercial handbill. 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 of literature not included in the aforesaid definitions of a sign or a commercial handbill or a newspaper.

Person. Any person, firm, partnership, association, corporation, company or organization of any kind.

Petition. Any printed or written matter displayed to solicit public support for or dissatisfaction with ordinances, initiatives, referendums, recalls or similar matters, through the securing of signatures from members of the general public.

Petitioner. Any person engaging in or engaged in the business for hire or gain of displaying petitions and securing support therefor, and any person receiving compensation directly or indirectly for the display of such petitions and securing support therefor.

Private premises. 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; any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. Also, a single' store, market or shop that is not part of a cluster of shops and does not include and is not surrounded by a private walkway or parking lot, but is bounded by a public walkway.

Public place. Any and all streets, boulevards, avenues, lanes, alleys or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings.

Shopping center. A store, market or shop or a cluster of stores and markets and shops or other premises generally open to the public for the purpose of promoting business or mercantile or commercial interests by sales; the premises of which include or are surrounded by private walkways or a private parking lot. (Ord. No. 796, § 2.)