Chapter 5.20 — ADVERTISEMENTS

Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them by this section:

A.

"Advertisement" means any advertisement, sign, bill, poster, picture, map, plat, sample or device calling or directing public attention to any property or articles offered for sale, amusement, route of travel or other enterprise, when the object thereof is to derive profit or gain therefrom.

B.

"Distribute" means to distribute or place in doorways, vehicles, upon private premises or in, upon or about the streets.

C.

"Person" means any person, firm or corporation whether acting as principal, agent, servant or employee.

D.

"Public place" means any wall, billboard, fence, post, tree, building or other like place visible from any place to which the public is generally admitted, or upon which the public may travel.

(Ord. 2851 § 1, 1930)

Subject to the exceptions of Section 5.20.030, it is unlawful for any person to distribute any advertisement unless such person or his principal has been duly licensed so to do as herein provided.

(Ord. 2851 § 2, 1930)

The prohibitions of Section 5.20.020 shall not be deemed to apply to:

A.

Any person displaying any advertisement relating to business conducted upon the premises where the advertisement is displayed;

B.

Any church, charitable or educational society or institution;

C.

Any political party or individual seeking public office when such advertising is confined to political or public matters;

D.

Notices prescribed or required by law and notices posted by lawful officers.

(Ord. 2851 § 3, 1930)

Licenses required by this chapter shall be issued by the city license collector only upon payment to him of the following fees:

For 1 year — $ 201.22;

For 6 months — 117.36;

For 3 months — 67.06;

For 1 month — 26.82.

(Ord. 6113 § 20, 1985: Ord. 3316 § 1, 1936: Ord. 2851 § 4, 1930)

A.

Any license fee or penalty hereafter paid more than once, or hereafter illegally, erroneously or wrongfully paid or collected under this chapter may be refunded by order of the legislative body of the city, provided that a claim therefor, duly verified by the person making such payment, his attorney, duly authorized agent, guardian or his executor or administrator, shall have been filed with the legislative body of the city within 6 months after the date of payment of the amount sought to be refunded; the claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based. In no case shall any judgment be rendered for the plaintiff in any proceeding brought to enforce the payment of any claim arising hereunder if such action or proceeding is brought by any person other than the persons designated herein.

B.

Notwithstanding the provisions of subsection A, the following license fees or penalties may be refunded by the director of finance within 6 months after the date of payment if:

Paid more than once or illegally, erroneously, or wrongfully paid or collected under this chapter;

The amount paid exceeds the amount due by reason of clerical error or incorrect information supplied by the taxpayer; and

In any other case where the amount to be refunded is less than $25.00.

(Ord. 5099 § 1, 1973: Ord. 2851 § 4A, 1930)

It is unlawful for any person, whether licensed hereunder or not, or whether within the exceptions of Section 5.20.030 or not, to display any advertisement upon any private property in the city without the expressed permission of the occupant, owner or person in possession thereof.

(Ord. 2851 § 5, 1930)

It is unlawful for any person whether licensed hereunder or not, or whether within the exceptions of Section 5.20.030 or not, to carry upon his person or to display upon the exterior of any vehicle in or upon any street, alley, park or pleasure ground in the city, any advertisement as herein defined; and it is unlawful for any person in a loud or boisterous manner to call or direct public attention to any property or article offered for sale, amusement, route of travel or other enterprise, when the object thereof is to derive profit or gain therefrom; provided, however, that this section shall not be deemed to prohibit the display upon any vehicle of advertisements not exceeding 12 square feet in area used in the conduct of any business, or of advertisements indicating the name or kind of or relating to such business.

(Ord. 2851 § 6, 1930)

Any person who violates any of the provisions of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $300.00 or by imprisonment for a term not exceeding 3 months, or by both such fine and imprisonment.

(Ord. 2851 § 9, 1930)

For failure to pay a license fee as required, the license collector shall add a penalty of 10 percent of the original license fee on the last day of each month after the due date, provided that the total penalty to be added shall in no event exceed 50 percent of the amount of the original license fee.

(Ord. 4867 § 1, 1968: Ord. 2851 § 9.1, 1930)