3-1 1 ADVERTISING

Every person engaging in advertising goods or entertainment by means of music, speech, or sound device from or upon any street, doorway or vacant lot, shall pay a license fee of five dollars ($5.00) per day. This section shall not apply to vehicles used or operated on the street with sound amplifying equipment in operation. [Formerly numbered Section 3-1; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-102: VEHICLES CARRYING ADVERTISING OR DESIGNED TO ATTRACT ATTENTION:

[Deleted by Ord. No. 3837, eff. 4/19/13; Formerly numbered Section 3-2; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 3538, 2194.]

3-1-103: BILLBOARDS AND BILLPOSTING:

A. Definitions: As used in this section, unless the context otherwise clearly indicates:

BILLPOSTING: Posting, pasting, sticking, affixing, tacking or otherwise fastening any banner, handbill, poster, sign or notice upon any fence, enclosure, bulkhead, post or structure other than an advertising structure.

OUTDOOR ADVERTISING: Advertising on an advertising structure.

B. License Fee: Every person engaging in the business of outdoor advertising or billposting shall pay a license fee of fifty dollars ($50.00) per year; provided, however, that any person who places, erects, constructs or maintains an advertising display used exclusively to advertise the sale, lease or exchange of any real property upon which such display is placed, or to designate the name of the owner or occupant of any premises, or to identify any premises upon which such display is placed, or to advertise the business conducted or services rendered or the goods produced or sold upon the property upon which such display is placed, shall not be required to obtain a license or pay a license fee therefor.

C. Noncombustible Surface Required: No person engaged in the business of outdoor advertising or billposting shall post, paste, stick, affix, tack or otherwise fasten any cloth, paper or cardboard banner, handbill, poster, sign or notice upon any wooden faced advertising structure, fence, enclosure, bulkhead, or other frame structure, except where a surface of metal or other noncombustible material has been provided by them. [Formerly numbered Section 3-3; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-104: LICENSES FOR SIGN AND ADVERTISING CONTRACTORS:

Every person engaging in the business of erecting signs on buildings or erecting advertising structures for which a permit is required by Article 4 of this chapter shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. This section shall not apply to persons employed by a contractor or owner under an employer employee relationship. [Formerly numbered Section 3-105; Renumbered and Amended by Ord. 3623, eff. 6/28/03; Formerly numbered Section 3-5; renumbered by Ord. No. 3058, eff. 2/21/87.]

ARTICLE 2. SOUND VEHICLES WITH AMPLIFIERS

3-1-201: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

SOUND AMPLIFYING EQUIPMENT: As used herein shall mean any machine or device for the amplification of the human voice, music or any other sound. “Sound amplifying equipment” as used herein shall not be construed as including standard authorized automobile radios when used and heard only by occupants of the vehicle in which installed or warning devices on emergency vehicles used only for traffic safety purposes, or sound devices when used on tradesmen’s, peddlers’, hucksters’ or hawkers’ carts or vehicles to attract attention.

SOUND TRUCK: Any motor vehicle, or horsedrawn vehicle, or vehicle moved or drawn by human power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. [Formerly numbered Section 3-6; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-202: LICENSE FEE FOR COMMERCIAL USE:

Every person hiring, owning or in control of a sound truck used or operated on any street for commercial purposes with sound amplifying equipment in operation shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution for each vehicle so used, and shall comply with the requirements of Title 9, Chapter 3, Article 2, Division 3, “Sound Trucks”, of this code. [Formerly numbered Section 3-7; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2338, 2336.]

3-1-203: PERMIT FOR COMMERCIAL USE:

A. Permit: No person owning, hiring or in control of a sound truck shall use or operate such vehicle on any street for commercial purposes with sound amplifying equipment in operation without first obtaining a permit so to do from the Community Development Department.

B. Approval of Application for Permit: The Community Development Department shall, without delay, deliver such application for a permit to the Chief of Police for approval. Within seven (7) days after receiving such application, the Chief of Police shall file with the Community Development Department a report in which they shall recommend that the permit be denied, granted as applied for, or granted under such conditions as to protect the public peace, health, safety, morals or welfare, together with their reasons therefor.

C. Grounds for Refusal of Permit: Such permit shall be approved unless the Community Development Department finds that use or operation of such vehicle would violate or tend to violate any of the regulations set forth in Section 9-3-221 of this code. [Formerly numbered Section 3-9; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3048, 2338, 2336, 2194.]

ARTICLE 3. HANDBILLS

3-1-301: DEFINITIONS:

The following words and phrases, whenever used in this article or in Section 3-1-104 of this code, shall be construed as defined in this section:

COMMERCIAL HANDBILL: Any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature:

A. Which advertises for sale any merchandise, product, commodity, or thing; or

B. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

C. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. The provisions of this definition shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing contained in this definition shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State or ordinance of this City; or

D. Which, while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definition of a “commercial handbill”.

OCCUPANT: Any person occupying premises as owner or tenant. In case of multiple occupancy, that portion of the premises shared in common by the occupants shall be deemed occupied by the owner or lessor of the premises.

PRIVATE PREMISES: Any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building or other structure. [Formerly numbered Section 3-14; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

3-1-302: EXEMPTIONS:

The provisions of this article shall not be deemed to apply to the distribution of mail by the United States, nor to the distribution of handbills on premises or any portion of premises upon which such activity may be conducted as a constitutional right or as a right protected by law. [Formerly numbered Section 3-15; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

3-1-303: THROWING HANDBILLS IN PUBLIC PLACES:

No person shall distribute, hand out, sell, deposit, place, throw, or scatter any commercial or noncommercial handbill in or upon any street; provided, however, that it shall not be unlawful for any person to distribute or hand out, without charge to the receiver thereof, any commercial or noncommercial handbill in any street to any person willing to accept such commercial or noncommercial handbill. [Formerly numbered Section 3-16; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3590, eff. 01/05/02.]

3-1-304: PLACING IN VEHICLES:

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle; provided, however, that the provisions of this section shall not be deemed to prohibit the handing, transmitting, or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same. [Formerly numbered Section 3-17; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-305: DISTRIBUTION ON UNINHABITED OR VACANT PREMISES:

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. [Formerly numbered Section 3-18; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-306: DISTRIBUTION WHERE PROPERTY POSTED, ETC.; EXCEPTION:

No person shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by the occupant not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, an appropriate sign indicating in any manner that the occupants of the premises do not desire to have their right of privacy disturbed or to have such handbills left upon the premises. [Formerly numbered Section 3-19; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

3-1-307: DISTRIBUTION ON INHABITED PREMISES:

No person, whether licensed under the provisions of this code, or any other person, shall distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or any other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted as provided in Section 3-1-306 of this article, the aforesaid licensed or other person, unless requested by the occupant of such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere, except that mailboxes may not be so used when so prohibited by Federal postal laws or regulations. [Formerly numbered Section 3-20; renumbered by Ord. No. 3058, eff. 2/21/87; 2319.]

3-1-308: DISTRIBUTION OF HANDBILLS BETWEEN SUNSET AND NINE O’CLOCK A.M. PROHIBITED:

It shall be unlawful for any person to distribute, deposit, place, throw, or scatter a commercial or noncommercial handbill at any house or residence in the City between the hours of sunset and nine o’clock (9:00) A.M. or to go from house to house or from residence to residence between said hours for the purpose of distributing, depositing, placing, throwing or scattering commercial or noncommercial handbills. [Formerly numbered Section 3-21; Amended by Ord. No. 3590, eff. 01/05/02; 3437; 3058.]

3-1-309: HANDBILL DISTRIBUTOR; PERMIT AND LICENSE FEE:

No person shall engage in the business of distributing commercial or noncommercial handbills for hire without obtaining a permit from the Community Development Department. Every person engaging in the business of distributing commercial or noncommercial handbills for hire shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution; provided, however, that persons acting as agents or employees of permittees or licensees hereunder in the distributing of handbills shall not be required to obtain a permit or license or pay a license fee, but each such person shall comply with the provisions of this code covering the distribution of handbills. [Added by Ord. No. 3623, eff. 6/28/03; Amended by Ord. No. 3828, eff. 8/24/12.]

ARTICLE 4. POSTING SIGNS ON PRIVATE PROPERTY

3-1-401: POSTING SIGNS ON PRIVATE PROPERTY:

No person, except a public officer or employee in the performance of a public duty, or a private person in the giving of a legal notice, shall post, erect, print, fasten or otherwise affix any sign or temporary sign upon private property, or cause the same to be done, without the permission of the owner, holder, lessee, agent or trustee of the property. The definitions set forth in Title 10 of this code shall apply to this section. [Added by Ord. No. 3546, eff. 8/19/00.]

ARTICLE 5. RESERVED

ARTICLE 6. SALES OF MOTOR VEHICLE FUEL

3-1-601: POSTING OF SIGN SHOWING PRICES:

Every person owning, operating, managing, leasing or renting a gasoline service station and selling, offering for sale or otherwise dispensing gasoline or other motor vehicle fuel to the public adjacent to a street or streets shall post or display and maintain on the premises at least one sign, banner or other advertising medium clearly visible and readable from all traffic lanes in each direction on such street or streets, indicating thereon the actual price per gallon, including all taxes, at which each grade of gasoline or other motor vehicle fuel is currently being offered for sale, sold or otherwise dispensed. [Added by Ord. No. 2425; formerly numbered Section 3-50; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-602: MAXIMUM OR MINIMUM PURCHASE VOLUMES:

Every person required to post or display and maintain a sign under Section 3-1-601 of this article and managing their monthly fuel allocation to last through the month by establishing maximum or minimum purchase volumes, or both, in compliance with the California Emergency Mandatory Marketing Plan shall also show on such sign, banner or other advertising medium, or on a separate sign, banner or advertising medium, clearly visible and readable from all traffic lanes in each direction on the street or streets abutting the gasoline service station, the maximum and minimum limits, if any, of gasoline or other motor vehicle fuel which will be sold or dispensed to any one purchaser at any one time for use in a motor vehicle. No change in the maximum or minimum amounts to be sold or dispensed shall be made without being first shown on such sign, banner or advertising medium. [Added by Ord. No. 2425; formerly numbered Section 3-51; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-603: POSTING PRICES OF UNAVAILABLE MOTOR FUEL:

No person posting, displaying or maintaining a sign, banner or other advertising medium pursuant to Section 3-1-601 of this article shall advertise the price of any grade of gasoline or other motor vehicle fuel which is not immediately available on the premises for sale to the public. [Added by Ord. No. 2425; formerly numbered Section 3-52; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-1-604: COMPLIANCE WITH STATE LAW:

Each sign, banner or other advertising medium posted, displayed or maintained pursuant to the requirements of this article shall be consistent and comply with the provisions of Article 8, Chapter 7, Division 8 (Sections 20880 et seq.) of the State Business and Professions Code. [Added by Ord. No. 2425; formerly numbered Section 3-53; renumbered by Ord. No. 3058, eff. 2/21/87.]

Code reference: See Chapter 6 of this title for general provisions on licenses and permits.

CHAPTER 1ADVERTISING1

3-1-101: ADVERTISING SOUND DEVICE; SOUND TRUCKS ON STREET EXCEPTED: