Berkeley Municipal Code Ch. 9.08 Advertising Matter

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.

A. "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.

B. "Commercial advertising matter" means and includes any advertising matter as herein defined which:

1. Advertises for sale any merchandise, product, commodity, or thing; 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; 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, when any of the same are held, given or take 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; 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

4. 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.

C. "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 federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public.

D. "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.

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

F. "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.

G. "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. 2847-NS §§ 1 and 1.1--1.7, 1947)

No person shall distribute or circulate, or directly or indirectly cause to be distributed or circulated, any commercial advertising matter as defined in this chapter, unless said person has a license as provided in the license ordinance of the City. (Ord. 2847-NS § 2, 1947)

It is unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any advertising matter as defined in this chapter, unless there is printed, stamped, written, lithographed or otherwise designated upon each piece of advertising matter the name and address of the person who printed, wrote, compiled or manufactured the same, or the name and address of the person who caused the same to be distributed. (Ord. 2847-NS § 3, 1947)

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. (Ord. 2847-NS § 11, 1947)

It is unlawful for any person to distribute or circulate, or cause to be distributed or circulated, as a sample or for advertising purposes, any patent or proprietary medicine, or any preparation, pill, tablet, powder, cosmetic, disinfectant, antiseptic or medicine that contains any drug or poison or any ingredient that is deleterious to health, unless handed directly to an adult person. (Ord. 2847-NS § 9, 1947)

It is unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, in or upon any private premises, advertising matter as herein defined, unless the same be placed in a receptacle, clip, or other device designed or intended to receive advertising matter, when such receptacle, clip or other device shall have been erected in a conspicuous place near the front entrance of said private premises; provided, however, that if no such receptacle, clip or other device shall have been erected as hereinabove provided, then by handing said advertising matter to an occupant of said property or placing the same upon the porch or vestibule of the premises; provided, that in the latter case, said advertising matter is wrapped, tied, folded or otherwise so prepared or placed that it will not be blown therefrom by the winds; provided, also, that said advertising matter shall not be placed in any private mail box used for the reception of the United States mail. (Ord. 2847-NS § 8, 1947)

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 said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed, or to have any such advertising matter left upon such premises.

It is unlawful to ring the bell or to knock at any residence, building or place for the purpose of distributing or circulating advertising matter where such a sign is displayed. (Ord. 2847-NS § 7, 1947)

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 shall not be 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. (Ord. 2847-NS § 4, 1947)

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. (Ord. 2847-NS § 6, 1947)

The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter. (Ord. 2847-NS § 10, 1947)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 2847-NS § 13, 1947)