Door-hanger flier ban builds up steam

A brass plaque on Penny Martenson’s front door states “NO HANGERS” and “NO SOLICITING.”

But the Gilbert homeowner said she still gets fliers hung on her door, from landscapers and pizza shops, left by people who trample over her lawn and stare into her windows.

Martenson is among Gilbert residents urging the town to ban fliers on doors, especially to houses that post “no trespassing” signs.

Their complaints recently led to the formation of an informal Town Council subcommittee to study whether to propose an ordinance banning or restricting the distribution of fliers at homes.

“I don’t want those things hanging on my property. I don’t like them walking across my lawn,” Martenson said. “They look in my windows. This is my property. It’s been this way for a long time.”

Gilbert homeowner Rick Oliver said his problem is with trespassing on his property.

“I have my office in the front,” he said. “I’m seeing this parade of people cutting through my yard all the time. Most people just come home and there’s junk on the door. They don’t see the people put it there.”

‘NO. 1 ADVERTISING SOURCE’

But the story is different for Jack Griffith, owner of a Gilbert NAPA auto parts store, who said he would go out of business without the ability to attract customers by distributing coupons on fliers.

“It’s probably our No. 1 advertising source,” he said. “I receive about 30-40 (customers with fliers) a day in the doors, so I know people like them.”

Some people even complain when they don’t get their fliers, he said. The use of fliers recently allowed Griffith to open a second store, he said.

And the fliers play a key role in supporting Griffith’s offers to Gilbert High School’s DECA class, whom he hires to distribute the fliers. He said his employees are respectful and don’t cut through yards. He also hires athletes and other students looking to raise money for trips. Those jobs could be eliminated with a town ordinance.

“Just like everything else, one or two bad apples will spoil it for everybody,” he said.

Town Council members Don Skousen and Joan Krueger were asked to serve on the informal subcommittee and sort out the competing interests: Private property rights vs. small-business survival in a town still building its commercial base.

Because the committee has only two members, it can meet without holding public meetings, but Skousen and Krueger say they plan to meet with a cross section of the community to discuss options.

“I wouldn’t hazard to guess what’s going to happen at this point,” said Skousen, who brought up the issue two years ago when he received several complaints from residents. “I would like to see some changes, yes. Exactly what, I don’t know at this point.”

The issue came to the forefront again after complaints from Naida Bloch, a Gilbert resident who has filed 15 police reports against companies distributing fliers.

She said that she sees an average of one trespassing incident every week and her property has been damaged by solicitors six times.

Bloch prepared research that she submitted to the Town Council, including ordinances used in other cities that, for instance, operate no-soliciting lists or restrict fliers on doors.

No neighboring East Valley communities have an ordinance, but several related ordinances exist in the north East Valley.

Scottsdale code allows for $250 fines against companies that post fliers, notices or handbills “calculated to attract the attention of the public” on private structures without the consent of the owner. A Paradise Valley code makes it unlawful to leave fliers, but exempts nonprofits except in cases where “no trespassing” signs are posted.

Litchfield Park in the West Valley prohibits fliers where “no solicitation” signs are in public view, and maintains a registry of residents who don’t want to receive fliers, which companies must purchase.

Current Gilbert code prohibits solicitors from ringing or knocking on the doors of homes with signs posted, but makes no mention of leaving fliers.

“There are very good deterrents to having people stop this behavior,” Bloch said. “That’s the real goal here. We’re not asking for people to not advertise their businesses. ... (Just) don’t shove it onto people that don’t want it.”

Councilman David Crozier said he’d like to see no-soliciting laws beefed up with consequences, but in a way that won’t harm nonprofit organizations.

TOUGH BALANCING ACT

But town officials acknowledged it will be tough to balance interests. And during a recent Town Council meeting, police Chief Tim Dorn pointed out that it would be challenging for police officers to investigate offenses related to who left the door hangers, and such an effort could strain police resources.

Bloch, though, said a ban could be enforceable if businesses listed on the fliers, rather than employees, were punished for violations.

Kathy Langdon, president and CEO of the Gilbert Chamber of Commerce, urged that no ordinance be passed because it could hurt area businesses the town is seeking to retain.

The chamber two years ago put together recommendations for companies that use door fliers, including not leaving the fliers on doors that ask for no soliciting or trespassing, and not cutting through yards.