Los Angeles County Municipal Code Ch. 8.36 Vending on County Highways

As used in this chapter:

A.

"Handbill" means any handbill, dodger, commercial advertising, circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice, or other written or printed matter circulated to attract attention of the public.

B.

"Highway" includes all highways within the unincorporated territory of the county of Los Angeles, and includes local highways sometimes known as local streets, and includes the entire width of every highway including all portions dedicated for highway purposes, the sidewalks, parkways and roadways.

C.

"Tip sheet" means any written or printed form, chart, table, list sheet, circular or publication of any kind, giving or purporting to give, or represented as giving, any list, or probable or possible list, of one or more entries for any horse race or other contest thereafter anywhere to take place, or which is anywhere taking place, if there be written or printed or published as part thereof, or in connection therewith, or in any other publication, printing or writing accompanying the same or referring thereto or connected therewith, any tip, information, prediction or selection of, or advice as to, or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or other contestant therein, or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse, or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present or future, of the betting, wagering or odds upon or against any horse or other contestant named in such list or probable or possible list, of entries.

D.

"Vehicle" means and includes every wagon, hack, coach, carriage, omnibus, automobile, cycle, car, motorcycle, truck, trailer, tractor engine, tractor or other conveyance or contrivance for moving persons, animals or things in whatever manner and by whatever force or power the same may be ridden, driven, propelled, drawn or moved, which is driven, propelled, drawn or moved on a public highway, including implements of husbandry temporarily drawn, propelled or moved on a public highway.

(Ord. 10344 § 1 (part), 1971; Ord. 7729 §§ 1 and 2 (part), 1960; Ord. 7158 § 1, 1957; Ord. 1043 §§ 1, 1.1, 1.2 and 1.3, 1924.)

A.

A person who stops a vehicle on a highway in order to deliver any liquids, edibles, goods, wares or merchandise shall:

Stop such vehicles as near the curb, if any, otherwise as near the side of the highway as possible; and

Insofar as possible, escort or otherwise protect every child who appears to be less than 12 years of age who crosses or is about to cross the highway to receive any such liquids, edibles, goods, wares or merchandise.

B.

This section does not make any exception to any act prohibited by this chapter and it does not permit any act prohibited by such ordinance, chapter or any other ordinance, or by any statute, rule, or regulation.

(Ord. 10344 § 1 (part), 1971: Ord. 1043 § 1.6, 1924.)

A person, firm or corporation shall not sell, vend, peddle or hawk liquids, edibles, goods, wares or merchandise on any portion of the public highway, except for sidewalk dining on public walkways pursuant to Chapter 16.27, or when such vending, peddling or selling is conducted pursuant to Chapter 7.62 of this code, and such person has obtained any and all licenses and permits which may be required pursuant to this county code, or any state or other local laws.

(Ord. 96-0051 § 1, 1996: Ord. 92-0132 § 57, 1992: Ord. 7158 § 2, 1957: Ord. 5809 § 2, 1951: Ord. 1043 § 2, 1924.)

This chapter does not apply to any business which by its nature can only be conducted upon a public highway, such as that of taxicab operator, nor does it apply to any person, firm or corporation driving or causing to be driven, or conducting or causing to be conducted, any vehicle or vehicles known as delivery wagons, carrying and delivering supplies, goods, wares or merchandise to residences fronting upon public highways.

(Ord. 7158 § 3, 1957: Ord. 1043 § 2.2, 1924.)

A.

A person shall not, upon any street, sidewalk, highway or parkway, cast, throw or deposit, sell or distribute among pedestrians or to persons in vehicles, any tip sheet or any commercial advertising handbill, or any handbill distributed for the purpose of advertising any merchandise, commodity, property, business, service, act, or skill, offered, sold or rendered for hire, reward, price, trade or profit.

B.

This section shall not be deemed or construed to prohibit or restrict the distribution of written or printed matter devoted to the expression of views, opinions, beliefs or contentions relating to religious, political or sociological subjects, or to public or civic affairs, or to labor disputes or other controversies, or to community, state, regional, national or international affairs, or which treat of any social or economic order, or which relate to the arts or sciences; or which are aimed to redress any grievance, or which otherwise are not distributed for the purpose of soliciting business, trade or custom; nor shall the terms of subsection A of this section be deemed to include the printed notice of an event which is not arranged for profit or to stimulate the business, trade, or traffic of the person who causes the dissemination of the notice, even though a monetary contribution or an admission fee be requested or accepted in connection with such event.

(Ord. 7729 § 2 (part), 1960: Ord. 1043 § 2.3, 1924.)

As used in Sections 8.36.080, 8.36.090 and 8.36.100 of this chapter, "other printed matter" does not include any tip sheet or any handbill as described in subsection A of Section 8.36.060. The board of supervisors finds and determines that the casting, throwing, depositing, selling or distributing among pedestrians, or to persons in vehicles, any such tip sheet or any such handbill tends to impede the ordinary and lawful use of the public highways to a far greater extent than does the vending, peddling or hawking or newspapers, magazines, periodicals or other printed matter as permitted in Section 8.36.080, and that the publications described in this section are not commonly sold or disposed of by newsboys or news vendors.

(Ord. 7729 § 2 (part), 1960: Ord. 1043 § 2.6, 1924.)

This chapter does not prohibit any person 12 years of age or over, or firm or corporation, from selling, vending, peddling or hawking newspapers, magazines, periodicals or other printed matter commonly sold or disposed of by newsboys or news vendors upon a sidewalk or in safety zones, or upon any portion of a public highway neither designed for nor used for vehicular traffic. A person, firm or corporation shall not sell, vend, peddle or hawk any newspapers, magazines, periodicals or other printed matter commonly sold or disposed of by newsboys or news vendors upon any portion of a public highway which is either used for or designed for vehicular traffic.

(Ord. 5563 § 1, 1950: Ord. 5559 § 1, 1950: Ord. 1043 § 2.5, 1924.)

In the selling, vending, peddling or hawking of newspapers, magazines, periodicals or other printed matter, a person shall not use or maintain any permanent structure, rack or case attached to any building which projects onto, into or over any part of any public highway open to vehicular traffic, or which rests wholly or in part in, along or over any part of any public highway open to vehicular traffic.

(Ord. 5559 § 2, 1950: Ord. 1043 § 2.7, 1924.)

Boys under 12 years of age shall not sell, vend, peddle or hawk any newspapers, magazines, periodicals or other printed matter on any portion of a public highway, including sidewalks and safety zones. This section does not prohibit boys, where not prohibited by state law, from soliciting the sale of or delivering newspapers, magazines, periodicals or other printed matter commonly sold or disposed of by newsboys or news vendors to residences or places of business fronting on any public highway.

(Ord. 5563 § 2, 1950: Ord. 1043 § 2.8, 1924.)

This chapter does not prohibit any act either specifically permitted or specifically prohibited by state law.

(Ord. 5563 § 5, 1950: Ord. 1043 § 3.2, 1924.)

A person, firm or corporation shall not employ any person or permit any person to work in violation of any provisions of this chapter.

(Ord. 5563 § 3, 1950: Ord. 1043 § 2.9, 1924.)

Violations of Sections 8.36.020 and 8.36.040 are misdemeanors punishable by a fine not exceeding $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or both. A violation of any other section of the ordinance codified in this chapter is an infraction punishable by:

A.

A fine not exceeding $100.00 for the first violation;

B.

A fine not exceeding $200.00 for a second violation within one year;

C.

A fine not exceeding $500.00 for each additional violation within one year.

(Ord. 91-0149 § 2, 1991: Ord. 12264 § 5, 1980: Ord. 1043 § 3, 1924.)

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances, shall not be affected thereby.

(Ord. 5563 § 4, 1950: Ord. 1043 § 3.1, 1924.)