Staff Report

Town of Fountain Hills — Town Council (2026-10-06)

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ITEM 9.e.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 10/6/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: Phone: 480-816-5138
Email: jwesley@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Regarding Ordinance 26-05, amending
Town Code Sections 10-2-1, 10-2-8, and 10-2-9 as related to the distribution of handbills.
Staff Summary (background)
At the September 1, 2026, Council meeting the Council reviewed the existing ordinances
regarding handbills and provided direction to staff on changes that should be made to address
legal concerns and maintain freedom in distribution of materials. In response to the Council
direction, staff has prepared the following amendments to the existing ordinance.
Section 10-2-1 Definitions
Add a definition of handbill as follows: "Handbill" means any type of commercial or
noncommercial handbill as defined herein.
This simple addition allows the change to the rest of the ordinance to use the term handbill
and still cover all commercial and noncommercial handbills.
Section 10-2-8 Deposit of Handbills on Public Property.
The changes remove the distinction between commercial and noncommercial handbills and
makes it legal to hand out any type of handbill on public property.
Section 10-2-9 Handbills.
The main change throughout this section is to remove the use of commercial and
noncommercial in describing the ordinance provisions.
The main change is in D in response to the direction received by the Council. It was the
consensus of the Council to allow all types of handbills to be left on inhabited properties
provided they were secured in some manner and not readily visible from the adjacent public
way. This language would still prohibit such things as the casual throwing of bags with rocks
in them along with a card in someone's driveway or leaving something on a door that is
visible from the street.
Given the additional way mail and packages are distributed today, the section allowing
continued distribution of mail by the United Postal Service was expanded to include other
similar carriers. Staff also added a provision to clarify that notices posted by government
entities are also exempt. These notices include things such as notifying residents of upcoming
street paving projects, utility projects, or code violations.
Related Ordinance, Policy or Guiding Principle

Town Code Article 10-2.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Ordinance 26-05.
Suggested Motion
MOVE TO adopt Ordinance 26-05.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Ord 26-05