Thursday, June 7, 2007

Mesquite Texas Handbill Law

Mesquite Texas Handbill Law

City of Mesquite Texas
Effective, January 21, 1991

Mesquite Texas Handbill Law

Sec. 10-46.
Depositing on private property.
(a) It shall be unlawful for any person to throw or deposit or distribute any commercial or noncommercial handbills in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner or occupant or other person then present in or upon such private property; provided, however, that such handbills may be placed or deposited in or upon such inhabited private property if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such property or sidewalk or street and other public places
(b) When a legible sign not less than three (3) inches by four (4) inches in size with letters at least two-thirds ( 2/3) of an inch in height is posted conspicuously upon or near the main entrance to a residence bearing the words "no handbills," "no advertising," "no soliciting" or any similar notice indicating that the occupants of the premises do not desire to be inconvenienced or have their property or privacy disturbed, it shall be UNLAWFUL and an OFFENSE for any person to distribute or cause to be distributed, deposited or placed any handbill upon a residence so posted.

For purposes of this section, a person if deemed to have caused the distribution, depositing or placing of a handbill if his name appears on the handbill as the solicitor of business or producer of a message, or if he is the owner, manager or person in control of the business or organization for which the handbills are distributed.

(Code 1960, § 13-6.1; Ord. No. 2805, § 1, 4-6-92)

State law references:
Texas Litter Abatement Act, V.T.C.A. Health and Safety Code, § 365.001 et seq.

Definition of "Handbill":
A small, printed advertising sheet or flyer distributed by hand.

If you or your business intends to distribute handbills in Mesquite, Texas I strongly urge both you and any people you utilize to distribute such handbills to familiarize yourselves with the above referenced law. It would be advisable to insure that any people distributing handbills have the ability to read the English language and look for signage prohibiting handbills as described above anywhere within the City Limits of Mesquite Texas. I have met with representatives of the Mesquite Municipal Court, the Mesquite City Attorneys Office and the Mesquite Police Department and have been assured that the City Of Mesquite can and will enforce this ordinance and prosecute violators to the fullest extent of the law. This includes the owners of companies engaged in this particular crime as well as any employees or agents of companies distributing flyers and handbills in violation of this law. The Mesquite Police Department has stated that persons caught in the act of violating this law will be detained and issued citations.I despise handbills and the huge amounts of litter this disgusting practice generates. I would never, under any circumstances, patronize a business which distributes handbills, particularly when a business is distributing handbills in violation of the law. Who wants to do business with a criminal? I have a sign on the door of my home which meets the specifications described in the above referenced City Ordinance. That sign has been there for a long time. I have made a number of formal complaints to the Mesquite City Attorneys Office and asked that office to prosecute businesses and individuals who are violating the handbill law. I will continue to make such formal complaints each and every time I find an illegal handbill on the door of my apartment. Whenever possible I look for persons distributing handbills in violation of the above referenced law. I have called Mesquite Police to detain and issue citations to such people in the past and I will continue to do so at every opportunity. I do NOT want handbills or advertising on my door for any reason under any circumstances. I do not care what the product or service is. I do NOT want that garbage or or around my home. If you chose to violate the law and leave something with your company name, address and telephone number on my door, rest assured that that item will immediately become evidence in a criminal investigation. I will do everything possible to insure that the person or persons responsible will be prosecuted and fined to the maximum extent allowable under the law.