Duarte Municipal Code Ch. 5.32 Advertising Matter

For the purpose of this chapter, the words and phrases used shall have the following meaning unless the context shows a different meaning:

ADVERTISING MATTER. "Advertising matter" means any handbill, circular, poster, dodger, booklet, card, broadside, or advertising medium which is distributed for the purpose of advertising for sale goods, wares, merchandise, service, or any other commercial activity, and includes samples, wares, and merchandise distributed to any house, office or place of business or affixed to any outside portion of any house, office or place of business that describes or calls attention to any product, business enterprise, for any other than religious or political purpose.

ADVERTISING MEDIUM. "Advertising medium" means a printed material (which includes all forms of reproduced writing) that is distributed by hand or by other than the United States mail service for the purpose of advertising goods, wares, merchandise or services, or which solicits orders or draws attention or solicits support or opposition to any public issue or political figure or party, partisan or nonpartisan. Advertising matter shall not include newspapers.

DISTRIBUTOR. "Distributor" means and includes any person engaging or engaged in the business for hire or gain of distributing advertising matter, other than newspapers distributed to subscribers thereof, and any person receiving compensation, directly or indirectly, for the distribution of such advertising matter.

PERMIT. "Permit" means the permit required by this chapter for the distribution of any advertising matter.

NEWSPAPER. "Newspaper" means a publication which has been and is at the time of its distribution admitted as second class matter through the United States Post Office in accordance with postal regulations, and is at such time a newspaper of general circulation under the laws of the state of California, and at such time maintains a bona fide list of paying subscribers at regular published rates, and contains a weekly average of advertising matter not exceeding sixty percent of the total amount of printed matter.

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

(Ord. 737 (part), 1998)

The purpose of this chapter is to protect the people against the nuisance of the careless and repetitious distribution of commercial and noncommercial advertising matter and the resulting danger to public health and safety, the public interest, convenience and necessity which requires the regulation 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, requiring that all such persons apply for and receive a permit to distribute advertising matter and pay a reasonable license fee;

(b) To protect local residents against trespassing by advertising distributors upon the private property of such residents if they do not wish to be solicited by such persons;

(c) To protect the people against the health and safety menace and the expense resulting from the littering of the street and public places by the careless and repetitious distribution of advertising matter;

(d) To protect the people against the menace to their property during their absence due to the unlawful activities or operation of dissolute persons of criminal habits or tendencies made aware of the absence of the people from their premises by the accumulation of advertising matter during such absence;

(e) To preserve 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 careless and repetitious distribution of advertising matter and the right to deliver advertising matter to all who are willing to receive the same.

(Ord. 737 (part), 1998)

Persons responsible for the distribution of advertising matter, whether as the person distributing advertising matter or as the person responsible for hiring others to distribute advertising matter, shall first apply for and obtain a permit as defined in this chapter.

(Ord. 737 (part), 1998)

The applicant shall complete the application form provided by the director of finance. The applicant shall include a California picture identification and any other information deemed reasonable by the director of finance for each person distributing advertising matter under this permit.

(Ord. 737 (part), 1998)

The applicant must hold a valid business license to do business within the city prior to applying for a permit to distribute advertising matter.

(Ord. 737 (part), 1998)

The permit fee required by this chapter shall not apply to any advertising matter sent through the United States Post Office in accordance with postal regulations nor shall it be required for the printing, publishing or circulating of newspapers as defined in this chapter.

(Ord. 737 (part), 1998)

A nonrefundable application fee established by resolution of the city council must be paid at the time the application is submitted. A fee established by resolution of the city council will be charged for each badge issued under this permit.

(Ord. 781 § 1 (part), 2006; Ord. 737 (part), 1998)

For the purpose of this section, the consent of the owner or occupant of private property shall be presumed unless the owner or occupant has conspicuously posted upon the property a sign bearing the words "No Solicitors," "No Peddlers," "No Trespassing," "No Advertising" or equivalent language which shall prohibit advertising matter delivery in or upon such premises.

(Ord. 737 (part), 1998)

All advertising matter distributed in the city shall have printed on or affixed to each in legible form the name, address, and telephone number of person responsible for the distribution of such advertising matter. Failure of the distributor to comply with the written request is grounds for permit revocation.

(Ord. 737 (part), 1998)

No person shall distribute any advertising matter in the city without first obtaining from the director of finance an identification badge. The identification badge shall be displayed in a prominent and visible place on the person at all times when engaged in the distributing of advertising matter in the city.

(Ord. 737 (part), 1998)

No person shall distribute, or cause to be distributed, advertising matter in and along any public street, alley, or other public place within the city; provided, the foregoing shall not prohibit the handing out of advertising matter to anyone willing to accept or receive them.

(Ord. 737 (part), 1998)

It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any advertising matter on or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. 737 (part), 1998)

No person shall distribute, or cause to be distributed, any advertising matter by placing the same in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the state, which is parked upon any public street, alley or public parking area, or upon any such vehicle parked upon any private property.

(Ord. 737 (part), 1998)

The delivery of advertising matter on private property shall be accomplished by attaching the same securely to a doorknob or other suitable hardware in the area around the door in such a manner that it will not likely be blown and scattered about the premises. No person shall distribute, or cause to be distributed, any advertising matter except by use of authorized sidewalks, pathways, or other designated walkways on private property.

(Ord. 737 (part), 1998)

No person shall distribute, or cause to be distributed, any advertising matter between the hours of five p.m. and eight a.m. the following day.

(Ord. 737 (part), 1998)

Nothing in this chapter shall be construed as prohibiting the distribution and delivery of any newspaper, political advertising matter, or other advertising medium having reference to an election or to any candidate in any national, state, county, or city election, or the election of any other public entity.

(Ord. 760 § 1, 2001: Ord. 737 (part), 1998)

Any violations of the provisions of this chapter with regard to the distribution of advertising matter shall be punishable in such manner as set forth in the Duarte Municipal Code.

(Ord. 737 (part), 1998)