Chapter 8.15 DISTRIBUTION OF ADVERTISING

To protect the people against the nuisance of and incident to the promiscuous distribution of advertising handbills and circulars, particularly commercial advertising, as herein defined, with the resulting detriment and danger to public health and safety, the public interest, convenience and necessity require the regulation thereof and to that end the purposes of this chapter are specifically declared to be as follows:

(a) To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as advertising distributors, by regulating the business of advertising and advertising distribution through the imposition of reasonable regulations.

(b) To protect local residents against trespassing by canvassers or advertising distributors upon the private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons or do not desire to receive advertising matter.

(c) To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising matter and commercial circulars.

(d) To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order, by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver noncommercial advertising to all who are willing to receive the same.

(e) To accomplish the foregoing purposes without restrictions upon the freedom of the press, including the right of bona fide newspapers to engage in the business of printing and publishing a bona fide newspaper. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8500.)

8.15.020 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 shall be apparent from the context that a different meaning is intended.

“Advertising distributor” means and includes any person engaging or engaged in the business for hire or gain of distributing commercial or noncommercial advertisements, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such advertisements.

“Advertising matter” means and includes any printed or written matter, any sample or device, dodger, flyer, circular, shopper, leaflet, pamphlet, paper, advertisement, broadside, handbill, doorhanger, card, poster, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.

“Commercial advertising matter” means and includes any advertising matter as herein defined which:

(1) Advertises for sale any merchandise, product, commodity or thing or service; or

(2) 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

(3) 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; or

(4) 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.

“Newspapers” means and includes:

(1) Any newspaper of general circulation as defined by general law;

(2) Any newspaper duly entered with the post office department of the United States, in accordance with the Postal Manual, as the same exists upon the date the ordinance codified in this chapter becomes effective;

(3) Any bona fide publication disseminating news of a general nature, printed and published at regular intervals with a bona fide subscription list of paying subscribers within the city of Fremont to which it principally distributes its publications (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);

(4) Any newspaper which is not distributed or circulated primarily for advertising purposes; and

(5) Current magazines regularly published with not less than four issues per year, and sold to the public.

“Noncommercial advertising matter” means and includes any advertising matter as herein defined which is not included in the definitions of commercial advertising matter, political advertising matter or a newspaper.

“Person” means and includes any person, firm, partnership, association, corporation, company or organization of any kind.

“Permit officer” means the officer or person charged with the issuance of business licenses in the city of Fremont.

“Political advertising matter” means and includes any printed or written circular, handbill, leaflet, pamphlet, paper, advertisement, card, poster, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature pertaining to the passage of any proposal, ordinance, law, or constitutional amendment, or repeal thereof, or to the election or recall of any candidate or public officer.

“Private premises” means and includes 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, and any vacant lot or other private property.

“Public place” means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8501.)

8.15.030 Permit – Permit number to appear on commercial advertising matter.

It shall be unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any commercial or noncommercial advertising matter as herein defined, unless a permit therefor, as herein required, has been obtained and 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 of Fremont. Said permit number shall be shown in the following form: “Fremont Distribution Permit No. ________.” (Ord. 798, § 1, 10-6-70. 1990 Code § 3-8502.)

8.15.040 Business license required for commercial advertising matter.

It shall be 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 under the provisions of Chapter 5.05. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8503.)

8.15.050 Throwing advertising matter in public places prohibited.

It shall be unlawful for any person to deposit, throw, scatter, or cast any commercial or noncommercial advertising matter in or upon any public place within the city of Fremont; provided, however, that it shall not be unlawful for any person to hand out or distribute any advertising matter otherwise complying with this chapter in any public place to any person willing to accept such advertising matter. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8504.)

8.15.060 Throwing advertising matter from motor vehicles prohibited.

It shall be unlawful for any person to deposit, place, throw, scatter, or cast any commercial or noncommercial advertising matter from any moving automobile or other motor vehicle. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8505.)

8.15.070 Placing advertising matter in or upon vehicles prohibited.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial advertising matter in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any advertising matter otherwise complying with this chapter to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8506.)

8.15.080 Distribution of advertising matter on uninhabited or vacant private premises prohibited.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial advertising matter in or upon any private premises which are temporarily or continuously uninhabited or vacant, or where a previous day’s distribution of commercial or noncommercial advertising matter has not been removed. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8507.)

8.15.090 Distribution prohibited where property posted.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial advertising matter upon any premises, if requested by anyone thereon not to do so, or if there is placed on said 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,” “No Soliciting” or otherwise clearly and expressly indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such commercial or noncommercial advertising matter left upon such premises.

Said 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. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8508.)

8.15.100 Distributing advertising matter at inhabited private premises.

It shall be unlawful for any person to throw, deposit, or distribute any commercial or noncommercial advertising matter in or upon private premises which are inhabited, except by handing or distributing any such advertising 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 commercial or noncommercial advertising matter upon such inhabited private premises, if such commercial or noncommercial advertising matter is so prepared, placed, or deposited on said premises so as to secure or prevent such commercial or noncommercial 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. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8509.)

8.15.110 Exemption for mail and newspapers.

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 subject to the provisions of Sections 8.15.050, 8.15.060, 8.15.070 and 8.15.120, and 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 other private property. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8510.)

8.15.120 Advertising matter on poles and public buildings.

It shall be 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 commercial or noncommercial 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 of Fremont, unless a permit therefor has been first secured. Such 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. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8511.)

8.15.130 Permit application.

(a) It shall be unlawful for any person to engage in distributing advertising for hire, or for any person to distribute commercial or noncommercial advertising, without first complying with the terms of this chapter and all other relevant laws and regulations; provided, that nothing contained herein shall apply to any person advertising his/her business or activity upon his/her own premises, if such business or activity is regularly established at a definite location in such city, and also if a license has been obtained therefor, if such license be required under the terms of any applicable law or ordinance.

(b) Any person desiring to engage in distributing commercial or noncommercial advertising in the city of Fremont for hire shall make application to and receive from the permit officer a license permit in the manner and for the period prescribed by the terms of this chapter and by all relevant provisions of the municipal code. Such applicant shall make written application to the permit officer upon a form or forms provided for such purposes by the permit officer. Such permit form 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 and employees so to be engaged, together with a request for a license for the period for which this applicant seeks to engage in such business.

(d) No permit issued pursuant to this chapter shall be deemed to constitute permission, either express or implied, to enter upon private property. (Ord. 798 § 1, 10-6-70; amended during 2012 reformat. 1990 Code § 3-8512.)

8.15.140 Revocation of permits.

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 given to the permit holder by certified mail with return receipt requested at least 10 days prior to the scheduled hearing. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8513.)

8.15.150 Right of appeal.

Any person aggrieved by any decision of the permit officer, after hearing, shall have the right to appeal to the city council, in accordance with Chapter 1.25. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8514.)

8.15.160 Exemptions.

The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, to political advertising, or to newspapers as defined in this chapter. (Ord. 798 § 1, 10-6-70. 1990 Code § 3-8515.)