V. Offenses Against Public Peace
(RESERVED)
VI. Offenses Against Property
Chapter 9.60
DISTRIBUTION OF ADVERTISING*
Sections:
9.60.030 Business license required.
9.60.040 Litter unlawful—Exception.
9.60.050 Motor vehicle distribution unlawful.
9.60.060 Placing on motor vehicle—Restrictions.
9.60.070 Private premises—Restrictions.
9.60.090 Private premises—Distribution requirements.
9.60.110 Seditious, obscene literature unlawful.
9.60.120 Public posting—Permit required.
9.60.130 Private posting—Owner consent required.
9.60.150 Permit—Revocation—Hearing.
9.60.160 Permit—Appeal—Hearing.
* See also Title 5, Business Licenses and Regulations.
9.60.010 Definitions.
For the purpose of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it is apparent from the context that a different meaning is intended.
1. “Advertising matter” means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, advertisement, broadside, handbill, card, poster, booklet or any other printed or otherwise reproduced original or copies of any matter or literature;
2. “Commercial advertising matter” means and includes any advertising matter as herein defined which:
a. Advertises for sale any merchandise, product, commodity or thing, or
b. Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales, or
c. 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; but the terms of this clause 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; provided, that nothing contained in this clause 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 under any ordinance of this city, or
d. While containing reading matter other than advertising matter, is predominantly 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;
3. “Newspaper” means and includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with Section 132.2 and following, of the Postal Manual, as the same exist upon the date this chapter becomes effective, any bona fide publication disseminating news of a general nature, even though such publication has not been published for a sufficient time to obtain a decree of court determining the same to be a newspaper of general circulation, and, in addition thereto, shall include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.
4. “Noncommercial advertising matter” means and includes any advertising matter as herein defined which is not included in the aforesaid definitions of commercial advertising matter or a newspaper;
5. “Permit officer” means the officer or person charged with the issuance of business licenses in the city;
6. “Public place” means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, plazas, grounds and buildings. (Prior code § 9850)
9.60.020 Permit required.
It is unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any advertising matter as herein defined, unless there is printed, stamped, written, lithographed, or otherwise designated upon each piece of advertising matter the permit number issued to the distributor by the city. The permit number shall be shown in the following form: “Folsom Permit No. ____.” (Prior code § 9851)
9.60.030 Business license required.
It is unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any commercial advertising matter, as herein defined, unless such person has a business license. (Prior code § 9852)
9.60.040 Litter unlawful—Exception.
It is unlawful for any person to deposit, place, throw, scatter, or cast any advertising matter in or upon any public place within the city; provided, however, that it is not unlawful for any person to hand out or distribute, without charge to the receiver thereof, any advertising matter in any public place to any person willing to accept such advertising matter. (Prior code § 9853)
9.60.050 Motor vehicle distribution unlawful.
It is unlawful for any person to deposit, place, throw, scatter, or cast any advertising matter from any moving automobile or other motor vehicle. (Prior code § 9854)
9.60.060 Placing on motor vehicle—Restrictions.
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any advertising matter in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handling, transmitting, or distributing of any advertising matter to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same. (Prior code § 9855)
9.60.070 Private premises—Restrictions.
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any advertising matter in or upon any private premises which are temporarily or continuously uninhabited or vacant, or where a previous day’s distribution of advertising matter has not been removed. (Prior code § 9856)
9.60.080 No advertising sign.
It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any advertising matter upon any premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, and so as to be clearly readable from the sidewalk, a sign bearing the words, “No Advertising,” indicating that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such advertising matter left upon such premises.
The sign shall contain not less than seven square inches and the letters thereon shall be not less than three-fourths of an inch in height. (Prior code § 9857)
9.60.090 Private premises—Distribution requirements.
It is unlawful for any person to throw, deposit, or distribute any advertising matter in or upon private premises which are inhabited, except by handling or transmitting any such advertising matter directly to the owner, occupant, or 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 herein, such person, unless requested in writing by anyone upon such premises not to do so, may place or deposit any such advertising matter in or upon such inhabited private premises, if such advertising matter is so prepared, placed, or deposited on the porch or other covered area of the building so as to secure or prevent such advertising matter from being blown or drifted about such premises, or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal laws or regulations. (Prior code § 9858)
9.60.100 Exemptions.
The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such manner as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property. (Prior code § 9859)
9.60.110 Seditious, obscene literature unlawful.
It is unlawful for any person to distribute or circulate, or cause to be distributed or circulated, any advertising matter which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the Government of the United States or of this state by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous, or scurrilous language. (Prior code § 9860)
9.60.120 Public posting—Permit required.
It is unlawful for any person, except a public officer or employee in performance of a public duty, to place, paste, paint, print, nail, tack, or otherwise fasten any advertising matter or notice of any kind; or cause the same to be done, on any curb, lamppost, electrolier, pole, hydrant, bridge, tree, post, building, or any other structure or thing in, or upon any street or public property in the city unless a permit therefor has been first secured. The permit shall contain a time limit within which such advertising matter shall be removed by the poster thereof. If such time limit is not complied with, no further permits shall be issued to permit advertising by the person so in default. (Prior code § 9861)
9.60.130 Private posting—Owner consent required.
Except as provided in Section 9.60.120, it is unlawful for any person, except a public officer or employee in performance of a public duty or a private person in giving a legal notice, to place, post, paste, paint, print, nail, tack, or otherwise fasten any advertising matter, or notice of any kind, upon any private property without the written consent of the owner, holder, lessee, agent, or trustee thereof. (Prior code § 9862)
9.60.140 Permit—Application.
Any person desiring to engage, as principal, in the business of distributing commercial or noncommercial handbills for hire, shall make application to and receive from the permit officer a permit in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of the municipal code. The applicant shall make written application to the permit officer upon a form or forms provided for such purpose by the permit officer. Such permit shall contain among other things that may be required, the name, the business address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents or employees so to be engaged, together with a request for a permit for the period for which the applicant seeks to engage in such business. (Prior code § 9863)
9.60.150 Permit—Revocation—Hearing.
Without excluding other grounds for revocation, the permit officer may revoke any permit obtained under application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a permit by means of false or fraudulent representations, or for violation of this chapter, or any other grounds specified by law.
Before revoking any permit, the permit officer shall order a hearing. Written notice of such hearing shall be served upon the permit holder not less than one week before the hearing. Notice of such hearing shall be served by depositing a copy thereof in the United States Post Office enclosed in an envelope addressed to the permit holder at his last known business address with the postage fully prepaid thereon. Service shall be deemed complete when such copy is deposited in the Post Office. (Prior code § 9864)
9.60.160 Permit—Appeal—Hearing.
Any person aggrieved by any decision of the permit officer after hearing shall have the right to appeal to the city council by filing a written appeal with the city clerk within 5 days following the effective date of the action or decision from which the appeal is taken.
Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of facts relied upon to avoid such order.
At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the permit officer. The city council shall fix a time and place for hearing the appeal. Written notice of such hearing of appeal shall be served upon the permit holder not less than 1 week before the hearing. Notice of such hearing shall be served by depositing a copy thereof in the United States Post Office enclosed in an envelope addressed to the permit holder at his last known business address, with the postage fully prepaid thereon. Service shall be deemed complete when such copy is deposited in the Post Office.
The decision of the city council shall be final and conclusive. (Prior code § 9865)
9.60.170 Short title.
This chapter shall be known and may be cited as the “city of Folsom advertising distribution and antilitter ordinance.” (Prior code § 9866)
9.60.180 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Prior code § 9868)
9.60.190 Violation—Penalty.
Any violation of this chapter constitutes a misdemeanor punishable as provided in Section 1.12.030 of this code. (Prior code § 9869)