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ITEM 9.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 5/19/2026 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 related to handbills. Staff Summary (background) During the process of responding to a code enforcement case, staff became aware of a potential issue with our current regulations on handbills. Generally speaking, handbills are any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed, or otherwise reproduced original or copies of any matter or literature. Sections 10-2-8 and 10-2-9 of the Town Code address handbills and place some restrictions on the distribution of handbills. The current regulations make a distinction between commercial and noncommercial handbills. This distinction, regulating the distribution based on the content of the handbill, creates a potential First Amendment issue. Therefore, staff has drafted an ordinance removing this distinction in the ordinance. Section 10-2-8 addresses commercial handbill distribution on public property. The change in this section removes the restriction on distribution of commercial handbills on public property. Section 10-2-9 addresses all other distributing of handbills. Other than removing the distinction between commercial and noncommercial handbills, the other significant change is in subsections D and E. These two sections have been a bit contradictory. D ultimately allows noncommercial handbills to be left on a property if it is secured from being blown or drifting about the premises or sidewalks. E does not allow any commercial handbill to be left except by someone accepting the handbill. Because the distinction between commercial and noncommercial handbills is being removed, and the historic concerns in town about leaving handbills on property even if secured, staff as written the revised ordinance to state handbills can be left on a private premises only if it is accepted by an occupant. The exception for newspaper and mail delivery has been maintained. Related Ordinance, Policy or Guiding Principle N/A 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 APPROVE Ordinance 26-05. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Ord 26-05