San Leandro Municipal Code Art. 2 Permit Requirements and Prohibitions

(Legislative History: Ordinance No. 62-11, 4/2/62; Ordinance No. 74-28, 4/22/74; Ordinance No. 82-050, 6/21/82)

It shall be unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any advertising matter as herein defined, unless there is printed, stamped, written, lithographed, or otherwise designated upon each piece of advertising matter the permit number issued to the distributor by the City of San Leandro. Said permit number shall be shown in the following form: "San Leandro Permit No.."

It shall be unlawful for any person to distribute or circulate, or directly or indirectly cause to be distributed or circulated, any commercial advertising matter, as herein defined, unless such person has a business license as provided in Chapter 2 of Title II of this Code.

It shall be unlawful for any person to deposit, place, throw, scatter, or cast any advertising matter in or upon any public place within the City of San Leandro; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any advertising matter in any public place to any person willing to accept such advertising matter.

It shall be unlawful for any person to deposit, place, throw, scatter, or cast any advertising matter from any moving automobile or other motor vehicle.

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

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any advertising matter in or upon any private premises which are temporarily or continuously uninhabited or vacant, or where a previous day's distribution of advertising matter has not been removed.

It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any advertising matter upon any premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, and so as to be clearly readable from the sidewalk, a sign bearing the words, "No Advertising," indicating that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such advertising matter left upon such premises.

It shall be unlawful for any person to throw, deposit, or distribute any advertising matter in or upon private premises which are inhabited, except by handing or transmitting any such advertising matter directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided herein, such person, unless requested in writing by anyone upon such premises not to do so, may place or deposit any such advertising matter in or upon such inhabited private premises, if such advertising matter is so prepared, placed, or deposited on the porch or other covered area of the building so as to secure or prevent such advertising matter from being blown or drifting about such premises, or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal laws or regulations.

The provisions of this Chapter shall not apply to the distribution of mail by the United States, nor to newspapers, as defined herein, except that newspapers shall be placed on private property in such manner as to prevent their being carried or deposited by the elements upon any street or other public place or upon private property.

It shall be unlawful for any person to distribute or circulate, or cause to be distributed or circulated, any advertising matter which may reasonably tend to incite riot or other public disorder, or which advocates disloyalty to or the overthrow of the Government of the United States or of this State by means of any artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous, or scurrilous language.

No person, other than a public officer or employee in performance of a public duty, shall post any advertising matter in any public place, whether by affixing such advertising matter to a building or structure therein, or otherwise.

Except as provided in Section 4-10-235, it shall be unlawful for any person, except a public officer or employee in performance of a public duty or a private person in giving a legal notice, to place, paste, post, paint, print, nail, tack, or otherwise fasten any advertising matter, or notice of any kind, upon any private property without the written consent of the owner, holder, lessee, agent, or trustee thereof.

Any person desiring to engage, as principal, in the business of distributing commercial or non-commercial handbills for hire, shall make application to and receive from the permit officer a permit in the manner and for the period prescribed by the terms of this ordinance and by all relevant provisions of the Municipal Code. Such applicant shall make written application to the permit officer upon a form or forms provided for such purpose by the permit officer. Such permit shall contain among other things that may be required, the name, the business address, and a brief description of the nature of the business to be conducted by the applicant, the probable number of agents or employees so to be engaged, together with a request for a permit for the period for which the applicant seeks to engage in such business.

Without excluding other grounds for revocation, the permit officer may revoke any permit obtained under application containing a false or fraudulent statement knowingly made by the applicant with intent to obtain a permit by means of false or fraudulent representations, or for violation of this Chapter, or any other grounds specified by law. Before revoking any permit, the permit officer shall order a hearing. Written notice of such hearing shall be served upon the permit holder not less than one week before the hearing. Notice of such hearing shall be served by depositing a copy thereof in the United States Post Office enclosed in an envelope addressed to the permit holder at his or her last known business address with the postage fully prepaid thereon. Service shall be deemed complete when such copy is deposited in the Post Office.

Any person aggrieved by any decision of the permit officer after hearing shall have the right to appeal to the City Council by filing a written appeal with the City Clerk within five days following the effective date of the action or decision from which the appeal is taken.

(a) Such appeal shall set out a copy of the order or decision appealed from and shall include a statement of facts relied upon to avoid such order.

(b) At the time of filing any such appeal, a copy thereof shall be filed by the appellant with the permit officer herein. The City Council shall fix a time and place for hearing the appeal. Written notice of such hearing of appeal shall be served upon the permit holder not less than one week before the hearing. Notice of such hearing shall be served by depositing a copy thereof in the United States Post Office enclosed in an envelope addressed to the permit holder at his or her last known business address, with the postage fully prepaid thereon. Service shall be deemed complete when such copy is deposited in the Post Office.

(c) The decision of the City Council shall be final and conclusive.