Montclair Municipal Code Ch. 4.08 Advertising Matter—distribution

The purpose of this chapter is to protect the people against the nuisance of the unlawful or careless and repetitious distribution of commercial and noncommercial advertising matter and the resulting danger to public health and safety and the public interest. The City Council determines to:

A. Protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies, representing themselves as advertising distributors, requiring that all such persons apply for and receive a permit to distribute advertising matter and pay a license fee;

B. Protect residents against trespassing by advertising distributors upon the private property of such residents if they do not wish to be solicited by such persons;

C. Protect the health and safety of the people and protect against the expense resulting from the littering of the streets and public places by the careless and repetitious distribution of commercial advertising matter;

D. Protect the people against the accumulation of commercial advertising matter on their property during their absence caused by the unlawful activities or operation of dissolute persons of criminal habits or tendencies made aware of the absence of the people from their premises by the accumulation of commercial advertising matter during such absence;

E. To preserve for the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order by distinguishing between the nuisance created by the careless and repetitious distribution of advertising matter and the right to deliver advertising matter to all who are willing to receive it.

(Ord. 99-791 Exh. A (part))

Persons responsible for the distribution of commercial advertising matter, whether as the person distributing advertising matter or as the person responsible for hiring others to distribute advertising matter, shall first apply for and obtain a permit as defined in this chapter.

(Ord. 99-791 Exh. A (part))

The applicant shall complete the application form provided by the City Treasurer. The applicant shall include a California picture identification and any other information deemed reasonable by the City Treasurer for each person distributing commercial advertising matter under this permit.

(Ord. 99-791 Exh. A (part))

The applicant must hold a valid business license to do business within the City prior to applying for a permit to distribute commercial advertising matter.

(Ord. 99-791 Exh. A (part))

The permit fee required by this chapter shall not apply to any advertising matter sent through the United States Postal Service in accordance with postal regulations nor shall it be required for the circulating of newspapers as defined in Chapter 4.02 of this Code.

(Ord. 99-791 Exh. A (part))

A nonrefundable application fee, as established in the business license fee resolution, must be paid at the time the application is submitted.

(Ord. 99-791 Exh. A (part))

For the purpose of this section, the consent of the owner or occupant of private property shall be presumed unless the owner or occupant has conspicuously posted upon the property a sign bearing the words "No Solicitors," "No Peddlers," "No Trespassing," "No Advertising," or equivalent language which shall prohibit commercial advertising matter delivery in or upon such premises or unless such owner or occupant contacts the City Treasurer by certified mail and specifically requests that their property be placed on a list to be maintained by the City Treasurer that withholds consent for the receipt of commercial advertising matter.

(Ord. 99-791 Exh. A (part))

A. All commercial advertising matter distributed in the City shall have printed on or affixed to each, in legible form, the following information:

1. The name, telephone number, address, or other identifying information regarding the real estate broker, real estate firm, real estate agent, or other person associated with the realty firm;

2. The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event;

3. The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.

B. Failure of the distributor to comply with this section is grounds for permit revocation.

(Ord. 99-791 Exh. A (part))

No person shall distribute any commercial advertising matter in the City without first obtaining from the City Treasurer an identification badge. The identification badge shall be displayed in a prominent and visible place on the person at all times when engaged in the distribution of commercial advertising matter in the City.

(Ord. 99-791 Exh. A (part))

A nonrefundable identification badge fee, as established in the business license fee resolution, will be charged for each identification badge issued under this permit.

(Ord. 99-791 Exh. A (part))

No person shall distribute, or cause to be distributed, commercial advertising matter in or along any public street, alley, or other public place within the City; the foregoing shall not prohibit the handing out of commercial advertising matter to anyone willing to accept or receive same.

(Ord. 99-791 Exh. A (part))

It is unlawful for any person to distribute, deposit, place, throw, scatter, leave or cast any commercial advertising matter on or upon any private premises which are temporarily or continuously uninhabited or vacant.

(Ord. 99-791 Exh. A (part))

It is unlawful for any person to distribute, or cause to be distributed, any commercial advertising matter by placing the same in or upon any motor vehicle, as that phrase is defined in the California Vehicle Code, which is parked upon any public street, alley, or public parking area, or upon any such vehicle parked upon any private property.

(Ord. 99-791 Exh. A (part))

The delivery of commercial advertising matter on private property shall be accomplished by attaching the same securely to a doorknob or other suitable hardware in the area around the main door in such a manner that it will not likely be blown and scattered about the premises. No person shall distribute, or cause to be distributed, any commercial advertising matter except by use of authorized sidewalks, pathways, or other designated walkways on private property that lead directly to the main entry door of the house or place of business.

(Ord. 99-791 Exh. A (part))

No person shall distribute, or cause to be distributed, any commercial advertising matter between the hours of 5:00 p.m. and 8:00 a.m. the following day.

(Ord. 99-791 Exh. A (part))

Nothing in this chapter shall be construed as prohibiting the distribution and delivery of any newspaper, political, charitable or religious advertising matter, or other advertising medium having reference to an election or to any candidate in any national, state, county or City election or election of any other public entity; provided, however, that any such newspaper, political advertising matter, or advertising medium shall have printed on or affixed to it the name, address, telephone number and other identifying information of the person responsible for its distribution.

(Ord. 99-791 Exh. A (part))

Any commercial advertising matter distributed in a manner that does not comply with this chapter shall be deemed littering and is made unlawful.

(Ord. 99-791 Exh. A (part))

Nothing in this chanter shall be construed as prohibiting the posting of any notice required by law or order of any court to be posted nor the posting or placing of any notice, particularly pertaining to the grounds or premises upon which the notice is so posted or placed, nor the posting or placing of any notice, sign or device used exclusively for giving public notice of the name, direction or condition of any highway, street, lane, road or alley.

(Ord. 99-791 Exh. A (part))

Any person violating or failing to comply with any of the requirements of this chapter may be found guilty of a misdemeanor and shall be liable under the provisions set forth in Chapter 1.12 of this Code. Any person found guilty of a misdemeanor for failure to comply with this chapter shall continue to be responsible for the payment of any permit and badge fees and penalties due the City.

(Ord. 99-791 Exh. A (part))