Los Angeles Municipal Code Art. 8 Advertising

Section 28.00 Definitions. 28.01 Handbills – Distribution. 28.01.1 Hand-bills and Tip Sheets – Distribution. 28.02 Hand-bills – Permission Premises. 28.03 Hand-bills, Signs – Buildings Permission. 28.04 Hand-bills, Signs – Public Places and Objects. 28.05 Hand-bills, Signs – Beach or Tideland of City – Exception. 28.08 Hand-bills – Name and Address of Distributor. 28.09 Advertising – Goods as Dealers – Exception. 28.10 Balloon – Use for Advertising. 28.11 Captive Balloons and Similar Devices. 28.12 Airplanes – Loud Speakers On. 28.13 Animals – Use for Advertising. 28.15 Signs – Liquor Establishments. 28.16 Signs – Gasoline Prices – Posting.

28.16.1 Signs – Gasoline Sales – Volume. 28.17 Signs – Gasoline Prices – Uniformity. 28.20 Advertising – Kosher Meat Products. 28.30 Prohibition of Misleading Advertising by a Pregnancy Service Center.

For the purpose of this article the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.

“Hand-bill” shall mean any hand-bill, dodger, commercial advertising circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter calculated to attract attention of the public.

“Tip Sheet” shall mean any written or printed form, chart, sheet or card giving or purporting to give any list or probable list of entries of any horse race or other contest and having in connection therewith any tip, information, prediction, selection, key or cipher, indicating the probable winner or loser, or the result or probable result, of such race or contest, or the actual or probable state of the wagering or betting upon or against any horse or other contestant in such list.

No person shall distribute, deposit, throw, place or attach any hand-bill to, in or upon any porch, yard, steps or mail-box located upon any premises not in the possession of or under the control of the person distributing the said hand- bill, which premises has posted thereon in a conspicuous place, a sign of at least twelve inches in area bearing the words, “No Advertising,” unless the person distributing the hand-bills has first received the written permission of the person occupying or having possession of such premises authorizing the person so to do.

Advertising is a lawful occupation and as such is a property right secured by the constitutional guarantees against deprivation of property without due process of law, however such occupation may be regulated by forbidding its distribution in places where it might result in the littering of public places. People v. St. John, 108 Cal. App. 779.

The ordinance may lawfully prohibit the acts described therein. People v. Lockett, CR A 1145.

No person shall paint, mark or write on or post or otherwise affix or attach any hand-bill or sign to or upon any building, wall or part thereof, or upon any private property without the consent of the owner, agent or occupant thereof.

(a) No person shall paint, mark or write on, or post or otherwise affix, any hand-bill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenant thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, life buoy, life preserver, life boat, or other life saving equipment, street sign or traffic sign.

The prohibition of the ordinance applies to telephone poles owned by public utilities as well as poles owned by some political entity, and is a valid exercise of the police power. People v. Kaplan, CR A 1623.

(b) Nothing in this section contained shall apply to the installation of terrazo sidewalks or sidewalks of similar construction, sidewalks permanently colored by an admixture in the material of which the same are constructed, and for which the Board of Public Works has granted a written permit.

(c) Removal of Signs – Costs and Penalties. (Amended by Ord. No. 180,998, Eff. 1/4/10.)

(1) Any hand-bill or sign found posted or otherwise affixed upon any public or utility property contrary to the provisions of this section may be removed by any company, utility, organization, or individual owning or responsible for maintaining that property, the Police Department or the Department of Public Works. The person responsible for any such illegal posting shall be liable for an administrative penalty and for the cost incurred in the removal thereof, and the Department of Public Works is authorized to effect the collection of said administrative penalty and costs incurred by the City of Los Angeles. The first violation of Subsection (a) in a calendar year is subject to an administrative monetary penalty not to exceed $100.00. Subsequent violations in the same calendar year will result in a second penalty not to exceed $250.00. The penalty for the third administrative violation in a calendar year is $500.00. More than three administrative fines in one calendar year shall result in the violation being charged as a misdemeanor in Superior Court and subject to all penalties applicable to criminal violations. The Bureau of Street Services is authorized assess a processing fee established by the Board of Public Works, subject to the approval of the City Council for all citations with an administrative monetary penalty.

(2) For purposes of this subsection, there shall be a presumption that:

(i) the real estate agent, broker, brokerage firm or other person whose name or telephone number appears on the hand-bill or sign is the person responsible for posting a hand-bill or sign advertising

property for sale, lease or rent;

(ii) the candidate seeking office is the person responsible for posting a hand-bill or sign promoting the candidate for public office;

(iii) the owner, or lessee if the property is leased, of property used for a yard or garage sale is the person responsible for posting a hand-bill or sign advertising a yard or garage sale;

(iv) the owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting a hand-bill or sign advertising the subject commercial activity or

event;

(v) the person whose name, telephone number or address appears as the sponsor for a sporting event, concert, theatrical performance, or similar activity or event is the person responsible for posting a hand-bill or sign advertising the subject activity or event; and;

(vi) the person whose name, telephone number or address appears as the person to contact on any hand-bill or sign posted is the person responsible for having posted the same.

For purposes of this subsection, the person presumed to be responsible for posting a hand-bill or sign on public or utility property may rebut such presumption by declaring under penalty of perjury or swearing under oath that the person did not cause, authorize, allow or permit the posting of the hand-bill or sign on public or utility property.

(3) With the concurrence of the City Administrative Officer, the Board of Public Works shall determine the verifiable costs to the City of Los Angeles incurred in removing hand-bills and signs pursuant to this section. Such costs shall include, but not be limited to, direct labor, material and equipment costs, as well as departmental and general City overhead costs attributable to the removal of signs. Prior to the beginning of each fiscal year, the Board shall adopt a schedule of charges which persons responsible for the illegal posting of hand-bills and signs are required to pay pursuant to this subsection, based on those costs. The schedule of charges shall be subject to approval by the City Council.

(4) All administrative penalties collected pursuant to this section shall be used for enforcement activities by the Bureau of Street Services, Investigation and Enforcement Division.

(5) Persons billed for the costs and penalties of removing hand-bills or signs may appeal such costs and charges to the Board of Public Works in accordance with rules adopted by the Board.

(d) Nothing in this section shall apply to the installation of a metal plaque or plate, or individual letters or figures on a sidewalk commemorating a historical, cultural, or artistic event, location, or personality for which the Board of Public Works has granted a written permit. (Amended by Ord. No. 188,602, Eff. 6/23/25.)

(e) Nothing in this section shall apply to the painting of house numbers upon curbs done under permits issued by the Board of Public Works under and in accordance with the provisions of Section 62.96 of this Code. (Added by Ord. No. 122,905, Eff. 10/26/62.)

(f) Nothing in this section shall prohibit the installation of signs on street lighting posts provided the sign is a part of a program sponsored by a City Department having specific responsibility for public safety and such signs and locations are approved by the Department of Public Works and are installed and maintained as authorized in Section 80.07 of this Code. Any fees previously paid for such installation shall be refunded upon application to the Department of Transportation for such refund by the person or persons who made the payment to the City. Such person or persons shall declare under penalty of perjury that any money received by the person or persons shall, in turn, be paid to those persons who provided funds to the applicant to make such payment to the City and further that if the applicant is not able, for any reason, to make such reimbursement to any such person, the applicant, shall return, within 60 days said respective sum to the City. (Amended by Ord. No. 158,469, Eff. 12/23/83.)

(g) (Added by Ord. No. 173,343, Eff. 7/15/00.) Nothing in this section shall prohibit the installation of signs on street lighting posts relating to the operation of the street lighting system.

No person shall paint, mark or write on or post, or otherwise affix or attach any hand-bill or sign to or on any land belonging to this City fronting on the Pacific Ocean or upon any tideland or submerged lands granted to this City by the State or heretofore or hereafter acquired by this City by annexation or consolidation.

Provided, however, that nothing in this section contained shall be deemed or construed to prohibit any person lawfully occupying any portion of any tideland or submerged land by virtue of any lease or permit from placing upon such portion thereof advertising or advertisements pertaining exclusively to the business conducted or maintained upon such portion thereof pursuant to said lease or permit.

It shall be unlawful for any person to post or otherwise affix on public property, or distribute in any public place any hand-bills, placard, poster, pamphlet, or other printed matter that does not bear upon the face thereof the name and address of the person who caused the same to be distributed. This section does not in any way affect the provisions of Section 28.01.1 of the Los Angeles Municipal Code.

No person engaged in the business of selling goods, wares or merchandise shall advertise the sale of said goods, wares or merchandise, or any part thereof, in any newspaper, periodical, magazine or in or upon any advertising medium unless it shall be stated in the advertisement of the sale of said goods, wares or merchandise, clearly and unequivocally that said person, advertising the sale of said goods, wares or merchandise, is a dealer of the same, or unless it is stated in said advertisement that said person, is engaged in the business of selling said goods, wares or merchandise or unless the word “dealer” is used conspicuously in said advertisement; provided, however, that the advertisement of the sale of any goods, wares or merchandise in any advertising medium, in such form or with such display as to prices, quality and description of said goods, wares or merchandise and the character of the business engaged in as to make it plainly apparent that such person thus advertising the sale of said goods, wares or merchandise, is actually engaged in such sale as a business, shall be deemed a sufficient compliance with the terms of this section.

No person shall release or allow the release of any free balloon, toy balloon or any group of the same which has attached thereto any substance, matter or material used, designated or intended for any advertising purpose.

(Amended by Ord. No. 173,944, Eff. 6/18/01.)

It shall be unlawful to permit a balloon or similar device which floats in the air and is restrained, attached or held in place by a cord, rope, cable or similar means, to float, ascend, rise or remain aloft at a vertical height of five feet or more above the surface of the ground measured to the highest point of the balloon or similar device.

No person, while flying any type of aircraft over this City, shall operate thereon any loud speaker, siren or other device, except the unmuffled exhaust of each aircraft, which makes any noise or sound sufficiently loud to attract attention of persons on the ground; provided that the Board of Police Commissioners may issue a temporary permit for a period of time not to exceed twenty-four hours to persons to operate a loud speaker, siren or other noise making device on aircraft, if the Board determines that such operation may be necessary in connection with any important celebration in this City.

No person shall lead, ride or drive upon any street or sidewalk any animal upon which is carried or to which is attached any advertising banner, flag, board, placard, sign, transparency or other device commanding, announcing, publishing or calling attention to any goods, wares or merchandise or any place of business or entertainment or any business, occupation, show, exhibition, entertainment or event.

(a) No person shall place, maintain, suspend, affix or attach any banner, flag, marquee, canopy or awning bearing any words or figures referring in any manner to any malt, vinous, fermented or spiritous liquors to or upon any building or premises occupied by any place of business where food is served or prepared for consumption on the premises where malt, vinous, fermented or spiritous liquor or any admixture thereof is sold, offered for sale, and served and consumed on said premises.

Provided that signs, other than banners, flags, marquees, canopies or awnings, referring to malt, vinous, fermented or spiritous liquor may be placed or attached to or on the front, sides or back of any such building or premises, providing that no area of the building upon which such sign is maintained abuts or faces property used for residential purposes, and further provided that no such sign shall be affixed, attached or painted so as to conceal or obstruct the clear view through the doorway or windows of any such premises occupied as aforesaid.

(b) No person shall place, maintain, affix or attach on, in, over or upon any window on any premises or building mentioned in this section, any substance which in any way obstructs the clear vision or view through any door or window of the interior of such place from the exterior thereof above a line parallel to the lower sill thereof and distant four feet from the highest point of the surface of the sidewalk adjacent to and immediately in front in such building and premises. Provided that the provisions of this subsection shall not apply to any bona fide permanently constructed window display, shelving or housing which does not substantially obstruct the clear vision or view through any such window of the interior of such place from the exterior thereof.

The provisions of this subsection with respect to obscuring windows at places where alcoholic beverages are sold may not be enforceable, as it had been held that a municipality may not by ordinance prohibit maintenance of a public eating place where alcoholic beverages are served because it had a window so obscured that one may not look into said place from the street. Such matters are exclusively within the jurisdiction of the State Board of Equalization. People v. Fine, CR AP 2521 Citing: People v. Leaf, CR AP 2337; People v. Steponovich, CR AP 2183; ART. XX, Sec. 22, Constitution of the State of California.

No person shall keep, maintain or display on the premises of any motor vehicle service station, motor vehicle garage, gasoline service station or filling station, any sign, banner, streamer or card, or other advertising medium indicating or showing the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale, unless the price per gallon, including all taxes, is quoted or shown on the sign, banner, streamer, card or other advertising medium, together with the brand name or trade name of such gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale, from such premises, provided, that if the gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale is not sold under any trade name or brand name, then the same must be designated as “No Brand.”

Each and all letters, words, figures, numerals used, placed or indicated on any such sign, banner, streamer, or other advertising medium shall be uniform in size, provided that the provisions of this section shall not apply to signs required to be placed on pumps or other gasoline or motor vehicle fuel dispensing apparatus referred to in Section 28.16.

(Added by Ord. No. 86,898.)

(a) Definitions:

1. Kosher: this term is used herein as defined in Section 383b of the Penal Code of California;

2. Kosher Shop: any place of business where meat, meat products or any foodstuffs are sold, and where, or in connection with which, the word “Kosher” in English or any other language or any word or

expression of similar import or effect, or any six pointed star, or any other advertisement, token, symbol or representation calculated to indicate that Kosher products are sold therein, is used or displayed; any place of business where oral representations are made, expressly or by implication or insinuation, that Kosher products are there handled; and any place of business advertised as handling Kosher products, or advertised in a manner calculated to indicate that Kosher products are there available.

(b) Sale of Non-Kosher Products Prohibited – When. It shall be a misdemeanor for any person who operates any Kosher shop to sell, offer for sale, or display therein any non-Kosher meat, meat products or food products containing meat, unless all such non-Kosher articles are kept in one or more display cases, vessels or containers which are physically separated from those containing Kosher articles, and which are clearly marked and identified as required by Section 383b of the Penal Code.

(c) It shall be a misdemeanor for any person who operates a Kosher shop, or who makes any sale therein, to sell any non-Kosher meat or meat products unless at the time of such sale the person informs the purchaser that the article is not Kosher. Provided, however, that the requirement of this subsection shall be deemed complied with if the package or wrapper enclosing the non-Kosher article sold has affixed thereto, or printed thereon, so as to be plainly visible to the purchaser at the time of the sale, the word “non-Kosher” in letters of a stroke at least one inch high and at least one- eighth of an inch wide, together with the equivalent thereof in clearly legible English or any other language.

(Added by Ord. No. 187,650, Eff. 12/5/22.)

(a) Definitions.

1. Abortion Care: shall mean any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.

2. City: shall mean the City of Los Angeles.

3. Emergency Contraception: shall mean one or more prescription drugs (1) used separately or in combination, to prevent pregnancy, when administered to or self-administered by a patient, within a medically-

recommended amount of time after sexual intercourse; (2) dispensed for that purpose in accordance with professional standards of practice; and (3) determined by the United States Food and Drug Administration to be safe for that purpose.

4. Pregnancy-Related Services: shall mean services provided or offered to a person who is or may be pregnant, including any of the following: pregnancy testing, pregnancy diagnosis, obstetric ultrasounds,

obstetric sonograms, or Prenatal Care.

5. Pregnancy Services Center: shall mean a facility, licensed or unlicensed, and including mobile facilities, the primary purpose of which is to provide services (professional or otherwise) including referrals to

people who are or may be pregnant.

6. Prenatal Care: shall mean services consisting of physical examination, pelvic examination, or clinical laboratory services provided to a pregnant person. Clinical laboratory services refers to the

microbiological, serological, chemical, hematological, biophysical, cytological, or pathological examination of materials derived from the human body, for purposes of obtaining information, for the diagnosis, prevention, or treatment of disease, or the assessment of health condition.

(b) Prohibited Activities. It is unlawful for any Pregnancy Services Center to make an advertising statement that a reasonable consumer would believe indicates that the Pregnancy Services Center provides Abortion Care, Emergency Contraception, Prenatal Care, or any other Pregnancy-Related Service, despite the Pregnancy Services Center not providing that service, or not making a timely referral to a qualified service provider both with respect to the consumer in question (in a private right of action), and as part of the Pregnancy Services Center’s business practice.

1. Disclaimers. The presence of a disclaimer shall be relevant to determining whether an advertisement would likely mislead a reasonable consumer into believing that the Pregnancy Services Center provides

Abortion Care, Emergency Contraception, Prenatal Care, or any other Pregnancy- Related Service. Among other things, the trier of fact shall evaluate the location of the disclaimer relative to the advertisement’s affirmative statements, as well as the disclaimer’s prominence, font size, and other characteristics, when determining whether the advertisement would likely mislead a reasonable consumer.

(c) Civil Enforcement. The City Attorney in the name of the People of the State of California or any aggrieved consumer of Pregnancy Service Center services may enforce the provisions of this section through a civil action in any court of competent jurisdiction. In an action brought by the People or an aggrieved consumer, the court, upon finding that a Pregnancy Services Center has violated any provision of this article, may:

1. Impose statutory penalties up to $10,000 per violation, to be recovered from the Pregnancy Services Center and each and every person who has violated this section.

2. Order injunctive relief compelling compliance with any provision of this article and correcting the effects of false, misleading, or deceptive advertising.

3. Award restitution.

4. Award to a prevailing plaintiff reasonable attorneys’ fees and costs.

In an action brought by an aggrieved consumer of Pregnancy Service Center services, the court may also award compensatory damages, punitive damages, or other compensation or relief as the court deems necessary to remedy the effects of the false, misleading, or deceptive advertising.

(d) Nonexclusive Remedies and Penalties. The remedies provided in this section are not exclusive, and nothing in this section shall be interpreted as restricting or otherwise limiting the enforcement authority that state law or the Charter or Los Angeles Municipal Code vest in the City, its agencies, officers, or employees, or any state agency, or as precluding an aggrieved Pregnancy Services Center consumer from seeking any other remedies provided by law. Nothing in this section shall be interpreted as restricting, precluding or otherwise limiting a separate or concurrent criminal prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result of any court action to enforce the provisions of this section.

(e) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalid provisions, and to this end, the provisions of this section are declared to be severable. The City Council hereby declares that it would have adopted this section and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable.