Milpitas Municipal Code Ch. 3 Advertising and Litter

The City Council finds and declares that the regulation of the distribution of advertising matter and of the manner in which newspapers are delivered in the City is necessary to protect the public peace, health and safety against:

(a) The littering of streets, public places and private property and the attendant expense of removing it;

(b) The accumulation of litter at private property indicating to thieves, burglars and vandals that the property may be temporarily uninhabited;

(c) The burden to property owners from indiscriminate distribution of advertising matter and newspapers which are thrown or deposited in bushes and shrubs or other places where they are difficult to retrieve, and where they become wet and accumulate debris, insects and vermin;

(d) The trespass upon property and invasion of privacy of property owners who have given reasonable notice that they do not want advertising matter or newspapers delivered to or deposited upon their property;

(e) The burden of unsightly debris which contributes to neighborhood blight and imposes on the entire community and its residents the need for increased rubbish removal (when available facilities to dispose of solid waste are limited);

(f) The imposition on limited public funds and resources of the cost of disposing of accumulations of advertising matter or newspapers (whose distributors pay no part of the cost of removal).

(Ord. 134.1 § A (part), 5/20/86)

The Council further finds and declares that it is necessary by the regulations herein provided to distinguish between the nuisance created by the promiscuous distribution of advertising matter and newspapers and the right of advertisers and newspapers to deliver advertising and newspapers to all who are willing to receive the same. Nothing herein contained shall be construed to regulate the content of any advertising matter or newspaper. This Chapter is intended only to impose reasonable regulation upon the manner of distribution.

(Ord. 134.1 § A (part), 5/20/86)

The Council further finds and declares that the City has limited resources and staff with which to remedy violations of this Chapter, and that the enforcement of this Chapter will be enhanced—and the public peace, health and safety will be protected—if a property owner is given a civil remedy against parties distributing advertising matter or newspapers to private premises after reasonable notice not to do so.

(Ord. 134.1 § A (part), 5/20/86)

As used in this Chapter, the following terms shall have the following meanings.

(Ord. 134.1 § A (part), 5/20/86)

"Advertising matter" shall mean and include any printed or written matter, any sample or device, dodger, flyer, circular, shopper, leaflet, pamphlet, paper, advertisement, broadside, handbill, doorhanger, card, poster, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature. The term "advertising matter" includes both "commercial advertising matter" and "noncommercial advertising matter."

(Ord. 134.1 § A (part), 5/20/86)

"Newspaper" means and includes:

2.02-1 Any newspaper of general circulation as defined by general law;

2.02-2 Any newspaper duly entered with the Post Office Department of the United States, in accordance with the Postal Manual, as the same exist upon the date the ordinance codified in this Chapter becomes effective;

2.02-3 Any bona fide publication disseminating news of a general nature, printed and published at regular intervals with subscribers or distributees within the City of Milpitas;

2.02-4 Current magazines regularly published at regular intervals during the year.

(Ord. 134.1 § A (part), 5/20/86)

"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. 134.1 § A (part), 5/20/86)

It shall be unlawful for any person to deposit, throw, scatter or cast any advertising matter or newspapers in or upon any public place within the City of Milpitas; provided, however, that it shall not be unlawful for any person to hand out or distribute any advertising matter or newspapers otherwise complying with this Chapter in any public place to any person willing to accept such advertising matter.

(Ord. 134.1 § A (part), 5/20/86)

It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any advertising matter or newspaper in or upon any automobile or other vehicle. The provisions of this Section shall not be deemed to prohibit the handing or distributing of any advertising matter or newspaper otherwise complying with this Chapter to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(Ord. 134.1 § A (part), 5/20/86)

The provisions of this Chapter shall not apply to the distribution of mail by the United States.

(Ord. 134.1 § A (part), 5/20/86)

It shall be unlawful for any person, except a public officer or employee in performance of a public duty, to place, paste, paint, print, nail, tack or otherwise fasten any advertising matter, newspaper or notice of any kind, or cause the same to be done, on any curb, lamppost, electrolier, pole, hydrant, bridge, tree, post, building or any other structure or thing in or upon any street or public property in the City of Milpitas.

(Ord. 134.1 § A (part), 5/20/86)

Any person desiring to engage in distributing a newspaper or advertising in the City of Milpitas may register with the City Clerk. Such registration shall contain the name, the business address, and a brief description of the nature of the business to be conducted. Said registration shall be in addition to any business license required by Chapter 1, Title III of the Milpitas Municipal Code.

(Ord. 134.1 § A (part), 5/20/86)

The purpose of the registration is to serve as a public record of distributors for the benefit of the City and the public. Registration shall not be denied any applicant.

(Ord. 134.1 § A (part), 5/20/86)

No fee shall be required for a registration under this Section.

(Ord. 134.1 § A (part), 5/20/86)

The violation of any of the provisions of this Chapter shall constitute a public nuisance, and the same may be abated in accordance with the provisions of Article IV of the Standard Procedures Chapter of the Milpitas Municipal Code.

(Ord. 134.1 § A (part), 5/20/86)

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and upon conviction shall be subject to the penalty provided by law as provided by Section 1-1409-1 of the Milpitas Municipal Code. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided in this Section.

(Ord. 134.1 § A (part), 5/20/86)

The remedies and penalties provided for by this Chapter shall be cumulative and not exclusive, and shall be in addition to such other remedies or penalties as are provided by law for the enforcement of this Chapter.

(Ord. 134.1 § A (part), 5/20/86)

Any newspaper or person who publishes, circulates or distributes said newspaper, or any person who publishes, circulates or distributes advertising matter (hereafter referred to as "party to be charged"), as the case may be, shall be jointly and severally liable to the occupant of any premises in the sum of Twenty-Five Dollars for distributing, depositing, placing, throwing, scattering or casting any advertising matter or newspaper upon any premises if notified by the occupant not to do so, as hereafter provided.

(Ord. 134.1 § A (part), 5/20/86)

Each day that there is a violation of subsection III-3-11.01 shall constitute a separate violation.

(Ord. 134.1 § A (part), 5/20/86)

To avail the occupant of the remedy herein provided, the occupant shall have given notice in writing to the party to be charged, at least twenty days prior to the violation, that (a) the occupant does not desire delivery at the occupant's premises (which shall be specifically described by a street address or, if there is no street address, by a description sufficient for identification), and (b) that the occupant intends to seek the civil remedy provided by this Section. Said written notice shall be valid for a period of one year from the date it is given.

(Ord. 134.1 § A (part), 5/20/86)

The notice required hereunder may be given by personal service or may be given by certified mail (return receipt requested) to the party to be charged, at his address as it appears on the newspaper or advertising matter or on the permit application on file with the City Clerk, or as appears in the then current edition of the Pacific Bell telephone directory (in either the white or the yellow pages) for the City of Milpitas. If there be no address on the publication or permit application or in the telephone directory, the written notice may be addressed to the party to be charged, care of "General Delivery, Milpitas, California."

(Ord. 134.1 § A (part), 5/20/86)

The civil remedy herein provided may be prosecuted in any court of competent jurisdiction.

(Ord. 134.1 § A (part), 5/20/86)