Modesto Municipal Code Art. 1 Advertising Matter

It shall be unlawful and punishable as an infraction for any person to operate or to park, or cause to be operated or parked, any vehicle on any street or public place in the City for the sole purpose of commercial advertising without first obtaining a permit so to do from the Council; provided, however, that in the case of undertakings sponsored by charitable, benevolent, religious, or bona fide incorporated nonprofit organizations, the City Manager shall be authorized to issue temporary permits for the use of vehicles for such purposes where no charge to the sponsor is made for the use of the vehicle.

In granting any such permits, the City Manager may impose such limitations and restrictions as may be conducive to the public welfare.

(Ord. 1111-N.S., § 1, amended by Ord. 2604-C.S., § 3, effective 10-27-88)

Any person desiring a permit to operate or park a vehicle on any street or public place in the City for the sole purpose of commercial advertising shall file an application therefor with the City Manager, in writing, on a form to be furnished by the City for that purpose. Such form shall specify the following:

(a) The name and residence of the applicant;

(b) The date or dates, length of time and the hours during which the activity is to be conducted;

(c) The location of the property in front of which, or the route over which, the vehicle is to be operated or parked;

(d) The nature and character of the activity to be conducted;

(e) The name of the person who will be responsible for supervising the conduct of the activity;

(f) Such additional information as the City Manager may require.

(Ord. 1111-N.S., § 2)

The City Manager shall grant or deny the permit if it pertains to an undertaking sponsored by a charitable, benevolent, religious or bona fide incorporated nonprofit organization. If the application does not relate to such activities, the City Manager shall cause the matter to be placed on the agenda for consideration by the Council at its next regular meeting.

(Ord. 1111-N.S., § 3)

In determining whether or not it shall grant or deny the application, the Council shall be guided by the following criteria:

(a) Is the activity in the interest of the general welfare?

(b) Does the activity unreasonably jeopardize the public health and safety?

(c) Will the activity create an unreasonable traffic hazard?

(d) Will the activity tend to create annoyance, discomfort or inconvenience to the general public by reason of its nature and character?

(e) Do the advantages accruing from the granting of the permit outweigh the disadvantages resulting from its issuance?

(Ord. 1111-N.S., § 4)

Any person excepting to the granting, denial, suspension or revocation of a permit applied for or held by him pursuant to the provisions of Section 4-7.101, or to any action taken by any official of the City concerning such permit, may appeal in accordance with the procedure prescribed by Chapter 4 of Title 1 of this Code.

(Ord. 1111-N.S., § 5)

It shall be unlawful and punishable as an infraction for any person to distribute or cause to be distributed to or among pedestrians along or upon any public street, alley, park or other public place in the City, or to place in any automobile or other vehicle parked on or along a public street, alley, park or other public place in the City, any advertising samples, handbill, dodger, circular, booklet or other notice of commercial advertising.

(Ord. 382-N.S., amended by Ord. 2604-C.S., § 3, effective 10-27-88)

(a) The City Council of the City of Modesto finds and determines that the practice of distributing or delivering unsolicited printed matter such as newspapers or advertising circulars to residential property creates a serious police problem and a threat to the public safety in that residents are unaware that such material is going to be delivered or distributed to their premises, and, heretofore, have been unable to make proper provisions to stop the distributions or delivery of such material to their property so that their absence may be inadvertently advertised to persons of criminal propensities as a result of the accumulation of newspapers, advertising, and other such printed matter on their property.

(b) It shall be unlawful and punishable as an infraction for any person, firm, or corporation, or any agent, or employee of any person, firm, or corporation, to deliver or cause to be delivered to or to distribute or cause to be distributed to, the yards or grounds of any house, or multifamily residential structure, or any porch, or doorstep, or vestibule, or any public hallway thereof, or upon any other residential property in the City of Modesto any unsolicited handbill, circular, newspaper, paper, booklet, poster, or any other advertising literature of any kind where the owner or occupant of such residential property has either:

(1) Previously expressed his or her desire, in writing, to such person, firm, or corporation, not to receive such unsolicited printed matter (such notice shall only be valid for a period of one (1) year from the date it is mailed); or

(2) Posted a sign on the residential property which clearly indicates that the occupant or owner does not desire to receive such unsolicited printed matter.

Provided, however, that such printed matter may be personally delivered to such owners or occupants of such residential property who are willing to accept the same.

(Ord. 382-N.S., amended by Ord. 365-C.S., Ord. 2604-C.S., and Ord. 2679-C.S., § 1, effective 10-19-89)

(Added by Ord. 382-N.S., amended by 583-N.S., repealed by Ord. 605-C.S., effective 10-16-63)

(Ord. 382-N.S., added by Ord. 583-N.S., repealed by Ord. 434-C.S., effective 3-2-61)

(Ord. 382-N.S., added by Ord. 538-N.S., repealed by Ord. 434-C.S., effective 3-2-61)