Laguna Beach Municipal Code Ch. 5.24 Dissemination of Advertising Matter

For the purpose of this chapter, certain words and terms shall be defined as follows:

"Advertising matter"

means and includes printed handbills, posters, dodgers, booklets, cards in excess of two and one-half inches by four inches, and any other printed advertising matter describing or calling attention to any products, business, enterprise, person, firm or corporation for any purpose other than solely for religious or political purposes, but excluding a newspaper.

"Disseminate"

means and includes the terms distribute, deposit, hand out, pass out, give out, deliver and throw away, as well as causing or permitting any of the foregoing.

"Newspaper"

means and is limited to a publication which has been and at the time of its dissemination or distribution is admitted as second class matter under applicable United States postal regulations, is a newspaper of general circulation under the laws of the state of California (except that it shall not be a requirement that said newspaper shall have been established, printed and published for the period of one year, and in this respect it shall only be necessary that said newspaper shall be established, printed and published at regular intervals), and at the time of its dissemination or distribution maintains a bona fide list of paying subscribers at regular published rates.

"Person"

means and includes any individual person, firm, association, organization, partnership, business trust, Massachusetts trust, company, or corporation.

"Premises"

means and includes every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, sidewalk, street, public way and every vehicle.

"Printed"

means and includes the terms, mimeographed, lithographed, handwritten, stereotyped, typewritten, printed and/or painted.

(Ord. 399 § 1; 1953 Code § 5201)

It is unlawful for any person to disseminate advertising matter to, at, upon or onto any premises in the city except: (a) In, at or upon a box or receptacle (other than a United States mail box) marked with letters at least one-half inch high "For advertising matter," or (b) by handing the same to a person who has specifically requested or otherwise signified his desire to receive such advertising matter to the person disseminating the same, or (c) in, at or upon the premises of a tenant or person in lawful possession thereof who has signed and filed with the person disseminating the advertising matter a written request that such advertising matter be deposited on his premises. All such written requests must be maintained at all times in the office or place of business of the person disseminating such advertising matter, and shall be kept on file for a period of six months after the last dissemination of advertising matter pursuant to such request. Such written request once made by a tenant or person in lawful possession of premises shall remain applicable as to the premises described in such consent until countermanded by the tenant or person in lawful possession of the same premises. The owner of vacant property shall be deemed to be the tenant or person in lawful possession of premises for the purposes of this chapter. All such written requests shall be available for inspection by any city official during all regular business houses.

All advertising matter disseminated in the city shall have printed thereon or affixed in legible form the name, address and telephone number of the person responsible for the distribution of such advertising matter, together with a legible notice to the effect that anyone who does not desire to receive such advertising matter shall notify the said person responsible for the distribution thereof in writing to that effect. Thereafter the person thus notified shall disseminate no such advertising matter in the premises described in such notification.

(Ord. 399 § 1; 1953 Code § 5202)