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CITY OF EUGENE INTER - DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Eric Jones Date: January 26, 1998 PWA Subject: Posting of Handbills You have asked whether the provisions in EC 4.050 and 4.060 prohibit City employees from posting notices or handbills on property where the owner or resident has indicated an intent to exclude others. For the reasons that follow, City employees may not enter public property to post notices or handbills unless such information is required or authorized by federal, state, or local law. Absent legislative authorization or consent of the resident, no person may enter property that is clearly posted "No Trespassing" or "Keep Out." Such authorization can be in the form of a statute or ordinance that authorizes or requires posting notice on the premises. Therefore, if a state statute or City ordinance does not provide authorization for placing handbills on private property, City employees may not enter property where the resident or owner has posted a "No Trespassing" sign or the equivalent. With this general principle in mind, we address the specific provisions to which you refer. EC 4.060 prohibits the placing of handbills by a "person" on private property where the occupants of the premises have indicated a desire to keep persons from entering the premises. The definition of "person" arguably includes city employees placing handbills on private property. Nevertheless, EC 4.060 would not prohibit city employees from posting notices required by federal, state or local law. If state or federal law requires the City to post notices on private property, EC 4.060 would be inconsistent with federal or state law and preempted. For example, ORS 570.190 authorizes notice of nuisance abatement, inspection or quarantine through posting if the owner cannot otherwise be notified. A city ordinance could not prohibit entry on private property to post the information required by state law. Similarly, EC 4.060 would not displace a local ordinance that specifically authorizes or requires a city employee to place handbills on private property. Therefore, a City ordinance requiring or authorizing the placement of notices on private property would be considered an exception to EC 4.060. See, e.g., EC 6.080 (notice of nuisance abatement). In contrast, EC 4.050 applies to public ways and other, enumerated public places. It does not apply to notices posted on private residences and further exempts notices otherwise authorized or required by law. Therefore, this ordinance does not affect the City's authority 'to post notices or handbills on private property.