Chapter 7.02
ADVERTISING DISTRIBUTION*
Sections:
7.02.010 Distribution on public streets prohibited.
7.02.020 Distribution on private property—Placing in receptacle.
7.02.025 Handbills, posters and placards.
7.02.040 Penalty for violations.
7.02.060 Authorized signs and notices not to be disturbed.
7.02.070 Repealed by Ordinance 2037 § 1.1, 7-29-98)
* Park regulations—See Section 7.49.070.
7.02.010 Distribution on public streets prohibited.
It is unlawful for any person, firm, association or corporation to distribute or deliver, or cause to be distributed or delivered, to any person or to or among any other persons, in or upon any public street, alley, avenue, boulevard, park or other public place within the city, or to throw or place in, into or upon any automobile or other vehicle moving or parked in, along, or upon any public street, alley, avenue, boulevard, park or other public place within the city, any advertising sample, handbill, pamphlet, dodger, circular, booklet, or other form of advertising.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 289 § 1, 1934)
7.02.020 Distribution on private property—Placing in receptacle.
It is unlawful for any person, firm, association or corporation to distribute, deliver, cast or throw, in or upon any public street, alley, avenue, boulevard, park or other public place within the city, or in or upon any private yard, lawn, driveway, walk, approach, porch, mail box, steps, stairway or vestibule of any residence, duplex, flat, apartment house, hotel or other building or structure, or in or upon any vacant, private lot, property or premises, within the city, any advertising sample, handbill, pamphlet, dodger, circular, booklet or other form of advertising; provided, however, that any such advertising sample, handbill, pamphlet, dodger, circular, booklet or other form of advertising, may be deposited between the hours of seven a.m. and seven p.m. in or upon any such private yard, lawn, driveway, walk, approach, porch, steps, stairway or vestibule of any residence, duplex, flat, apartment house, hotel or other building or structure, or in or upon any vacant, private lot, property or premises, within the city, if and when the same is so deposited in a box, container, or receptacle constructed of wood, metal or other permanent material, placed on the real property or premises upon which such box, container or receptacle is located with the authority or consent of the owner or person in possession and control thereof, adequate to contain and retain such advertising sample, handbill, pamphlet, dodger, circular, booklet, or other form of advertising, and which is clearly marked or designated for the reception of such matter by appropriate wording such as “advertising matter” or “printed matter” or some other designation clearly indicating the nature of the material invited thereby to be placed therein. Such advertising samples, handbills, pamphlets, dodgers, circulars, booklets or other forms of advertising may also be handed personally to any person or persons in or upon any such private yard, lawn, driveway, walk, approach, porch, steps, stairway or vestibule, or in or upon any such vacant, private lot, property or premises.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 1115 § 1, 1970: Ord. 289 § 2, 1934)
7.02.025 Handbills, posters and placards.
A. No person shall post, affix or attach any handbill, poster or placard on any city-owned property, or without the permission of the owner or occupant, on any non-city-owned property within the boundaries of the city. The police department, director of public works, and any additional city department head, as authorized by the city council, is authorized to order removal of such posters, with the owner’s or occupant’s permission. The decision to remove such posters shall not be based on content. Any person who is actually or constructively responsible for the posting, creating, printing or copying of such posters shall be liable for the costs incurred in the removal thereof and the police chief, the director of public works and any additional city department head, as authorized by the city council, is authorized to effect the collection of such costs. Such costs shall be the actual or reasonable costs attributable to the removal of such posters. Persons billed for such removal costs may appeal such cost assessment to the city manager in accordance with rules adopted by the city manager. The decision of the city manager will be final for purposes of Code of Civil Procedure Section 1094.5, judicial review, unless the city council within ninety days of the date the decision is made grants, in its sole discretion, a hearing on the appeal.
B. There shall be a presumption that a person (corporate or individual) whose name or telephone number or address or notice of public or private appearance or business located appears on the poster is a person responsible for posting the poster.
(Ord. 2294 § 5 (part), 4-10-11)
7.02.030 Exemptions.
Nothing contained in this chapter shall be construed as applying to or prohibiting the distribution or delivery of any newspaper of general circulation and which has been declared to be such by any court of competent jurisdiction or to the distribution and delivery of any newspaper which is entered, or is capable of being entered, in the United States mail as second class matter under the provisions of the United States Post Office regulations of March 3rd, 1879, and other United States statutes, as the same now or may hereafter exist; or as applying to or prohibiting the distribution, sale or delivery of any regularly issued magazine which is not designed or intended for free circulation or for circulation at purely nominal rates, to actual subscribers for such magazine; nor shall this chapter apply to any matter, article or thing actually delivered in and through the United States mail.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 289 § 3, 1934)
7.02.040 Penalty for violations.
Any person, firm, company or corporation violating any of the provisions of this chapter is guilty of an infraction and each such person, firm, company, or corporation shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction thereof shall be subject to the penalties as set forth in Chapter 1.59.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 2037 § 3 (part), 7-29-98: Ord. 2011 § 1 Exh. A (part), 8-27-96 (repealed): Ord. 289 § 4, 1934 (repealed))
7.02.050 Permit.
It is unlawful and is prohibited for any person, firm, association or corporation to place, fasten or post on any public street lighting pole or upon any public property whatever in the city any sign, poster, advertisement or other notice without a special permit therefor from the city council. In such permit the council shall specify the duration of such notice, poster or other sign, and provide for its removal at the expiration of such time that it may remain posted.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 94 § 1, 1927)
7.02.060 Authorized signs and notices not to be disturbed.
It is unlawful and prohibited for any person, firm, association or corporation to mutilate, tear down, remove or interfere with in any manner any notice, sign or any other written or printed matter placed or posted on any building, structure, land or premises in the city of South Gate where and when the same has been placed or posted by any officer or public agent of the city under any provision of law or ordinance or in pursuance of any duty of such officer or agent or under authority of any law or ordinance or by direction of the city council or other public authority.
(Ord. 2294 § 5 (part), 4-10-11: Ord. 94 § 2, 2-1-27)