CHAPTER 3
ADVERTISING*
Sections:
3.2 Distribution to pedestrians.
3.4 Distribution of handbills.
3.6 Newspapers, city or telephone directories and utility bills exempted.
3.8 Repealed by Ordinance No. 1983.
3.9 Repealed by Ordinance No. 1983.
3.11 Same—Applies to vendors and peddlers.
* For state law authorizing cities to regulate exhibition, etc., of signs, advertisements, etc., see Gov. C., § 38774. For state law declaring damaging, mutilating, etc., signs to be a misdemeanor, see Pen. C., § 602. As to penal provisions relating to unlawful placing of signs, see Pen. C., §§ 556 to 556.3. For the statutory provisions regarding the establishment of a newspaper of general circulation see Gov. C. §§ 6020 et seq.
As to advertising structures causing obstructions near intersections, see §§ 34.6 to 34.12 of this Code.
3.1 Handbill defined.
The term “handbill” as used in Sections 3.1 through 3.7 means any advertising sample, dodger, circular, booklet or other notice of commercial advertising. “Commercial advertising” as used in Sections 3.1 through 3.7 means matter calling attention to any product, business enterprise, person, firm, corporation, business activity or service, except religious, eleemosynary, civic or political programs. (Ord. No. 1514, § 2.)
3.2 Distribution to pedestrians.
It is unlawful for any person to distribute or cause to be distributed any handbill to or among pedestrians along or upon any public street, alley, park or other place in the city. (Ord. No. 1514, § 2.)
3.3 Placing in automobiles.
It is unlawful for any person to place any handbill in any automobile or other vehicle parked along any public street, alley, park, or other public place in the city. (Ord. No. 1514, § 2.)
3.4 Distribution of handbills.
(a) Restrictions. It is unlawful for any person to distribute, place or throw upon any street, alley or public place or upon any private yard, lawn, driveway, sidewalk, porch or steps of any residence or upon or in any part of any structure or upon any vacant property in the city any handbill.
(b) Distribution by Permission. Nothing in this section prohibits the distribution and delivery of notices of commercial advertising where bona fide written requests for such delivery are secured from the owner, adult occupant or other person in control thereof and are on file with the person distributing such advertising. (Ord. No. 1782, § 2; Ord. No. 1790, § 1; Ord. No. 2011, § 1.)
3.6 Newspapers, city or telephone directories and utility bills exempted.
(a) Newspapers. Nothing in this chapter shall prohibit the distribution and delivery of any newspaper which is capable of being entered as second class matter under the provisions of the United States Post Office Regulations of March 3, 1879 and other United States Statutes; any newspaper of general circulation adjudicated as such under the statutes of the state of California; any paper designed principally and primarily for the dissemination of news and information concerning public affairs as opposed to commercial advertising material; any “newspaper” as that term is from time to time construed by the statutes, court decisions and laws of the land; or any paper the circulation of which is only secondarily or incidentally for commercial advertising purposes.
(b) Distribution of Newspapers on Posted Premises. No person shall distribute any of the newspapers authorized by subsection A upon any premises if the person in possession thereof has requested the newspaper distributor involved, or has filed with the director of finance, a request not to so deliver. The person in possession of any premises shall be deemed to include any person whose regular residence or place of business is upon such premises.
(c) Record of List-Distributors to Check. It shall be the duty of the director of finance to keep a list of the premises that the persons in possession thereof have indicated to the director of finance that the distribution of any such newspaper is not desired at such premises. It shall be the duty of any person authorizing or directing the distribution of any such newspaper to secure a copy of this list from the director of finance. He shall ascertain on a quarterly basis from the director of finance any changes in this list prior to the distribution of any such newspaper.
(d) City or Telephone Directories. Nothing in this chapter shall prohibit the distribution and delivery of any city or telephone directory.
(e) Utility Bills. Nothing in this chapter shall prohibit the distribution and delivery of any utility bill. (Ord. No. 1782, § 2.)
3.7 License required.
It is unlawful for any person to distribute or deliver any handbill unless such person shall first have obtained a license to do so from the director of finance.
All handbill distributors will provide the license collector with a list of names and addresses of all handbill distribution carriers prior to issuance of a license. (Ord. No. 1514, § 2; Ord. No. 1760, § 3(d); Ord. No. 1983, § 14.)
3.8 Repealed by Ordinance No. 1983.
3.9 Repealed by Ordinance No. 1983.
3.10 Meaning of “highways.”
The term “highways,” as used in Section 3.11 of this Code, means and includes streets, avenues, lanes, alleys and public ways. (Ord. No. 934, § 4; Ord. No. 1983, § 16.)
3.11 Same—Applies to vendors and peddlers.
Vendors and peddlers in and along the highways, by importuning and soliciting passing motorists to stop and buy their wares, cause and aggravate traffic congestion. This is a menace to the preservation of the public safety and shall be punished as prescribed by Section 1.7 of this Code. (Ord. No. 934, § 6.)
3.12 Enforcement of chapter.
It shall be the duty of the director of finance to enforce each and all of the provisions of this chapter, and the chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the director of finance or the city council. (Ord. No. 1782, § 3.)
3.13 Infractions.
Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense or the doing of any act is required or the failure to do any action is declared to be unlawful, the violation of any such provision is declared to be an infraction and shall be punishable in the manner and to the extent provided for in this Code. (Ord. No. 1782, § 3.)