Temple City Municipal Code Ch. 5 Distribution of Advertising Material

As used in this chapter, the following term shall be defined as set forth herein:

ADVERTISING MATERIAL: Means and includes, dodgers, booklets, cards in excess of two and one-half inches by four inches (21/2" x 4") and any other printed advertising material calling attention to any product, business enterprise, person, firm, or corporation. (Ord. 97-814)

The city council hereby determines that the practice of throwing or placing of advertising material or other similar material upon public and private property in the city has resulted and will continue to result in the littering of public and private property to the detriment of the residents; and that the indiscriminate throwing or placing of such material on private property creates a serious police problem and a threat to public safety in that property owners or occupants are not always aware that such material is to be thrown upon their premises, and are often unable to make proper provisions for the removal of such material from their property with the result that their absence from their premises may inadvertently be made known to persons of criminal propensities because of the accumulation of such material; and that the regulations hereinafter imposed are necessary to alleviate the aforesaid conditions and to protect the public health, safety and welfare of the community. (Ord. 97-814)

No person shall throw, distribute, scatter, deposit or place upon any public place within the city, including, but not limited to, streets, alleys, public parks and school grounds, any "advertising material" as defined herein; provided, however, the same may be personally delivered to persons who are willing to accept the same in hand; and provided that newsstands are permitted at such locations as do not impair traffic or pedestrian movements. (Ord. 97-814)

No person shall place in or on any automobiles or other motor vehicle in the city any "advertising material" as defined herein, without first having obtained the permission of the owner or person in possession thereof. (Ord. 97-814)

No person shall throw, distribute, scatter, deposit, place or deliver any advertising material in the yard or grounds of any house, building, or structure, on any porch, doorstep, or vestibule thereof, if the owner thereof shall have registered with the city clerk the refusal of such owner to receive such advertising material. Refusals to receive such information shall be maintained as follows:

A. The city clerk shall maintain a list of those properties whose owners have written to the city clerk to refuse such advertising material;

B. It shall be the responsibility of any person distributing advertising material on private property to obtain from the city clerk a list of those properties whose owners have so refused to receive such material;

C. The city clerk shall give such list, free of charge, to any person desiring to make such distribution;

D. It shall be unlawful for any person:

• 1. To distribute advertising material without having obtained such list;
• 2. To distribute in violation of the provisions thereof; or
• 3. To fail to provide adequate supervision to assure compliance with such list. (Ord. 97-814)

No person shall throw, distribute, scatter, deposit, place or deliver any advertising material upon any vacant property. (Ord. 97-814)

All advertising material disseminated in the city shall have printed thereon or affixed in legible form the name, address and telephone number of the person responsible for the distribution of such advertising material, together with a legible notice to the effect that anyone who does not desire to receive such advertising material shall notify the said person responsible for the distribution thereof or the city clerk, city hall, city of Temple City, in writing to that effect. Thereafter the person thus notified shall disseminate no such advertising material to the premises described in such notification. (Ord. 97-814)

The provisions of these sections shall not be deemed to apply to the distribution of United States mail, telegrams or other material preempted by state, federal, county or local law. (Ord. 97-814)

Any person publishing or distributing advertising material, within the city of Temple City as defined herein shall first obtain a permit for such purpose as set forth in the following:

A. No person shall distribute any advertising material or medium or solicit for permission to distribute advertising material or medium without first applying for and receiving a permit from the financial services director. Such application shall set forth the name and address of the applicant, the particular advertising material or medium which the applicant desires to distribute, the area in which it is proposed to be distributed, whether or not it is proposed to be distributed at regular or irregular intervals and a schedule of times when it is proposed to be distributed during the period to be covered by the permit.

B. The permit fee for the distribution of advertising material shall be established by city council resolution and payable on an annual basis in advance at the time the written permit application is filed.

C. The permit fee herein required shall not apply to any such advertised material sent through the United States post office in accordance with postal regulations nor shall it be required for the printing, publishing or circulating of newspapers as herein defined. For the purpose of this chapter, a "newspaper" is defined as a publication which has been and is at the time of its distribution admitted as second class material under United States postal regulations, and is at such time a newspaper of general circulation under the laws of the state of California, and at such time maintains a bona fide list of paying subscribers at regular published rates, and contains a weekly average of advertising material not exceeding sixty percent (60%) of the total amount of printed material therein. (Ord. 97-814)

No person shall violate any provisions, or fail to comply with any of the requirements of this code. Any person violating the provisions or failing to comply with any of the mandatory requirements of this code, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this code, shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punishable accordingly. (Ord. 97-814)

Pursuant to the provisions of section 36900 of the California Government Code, the city may enforce the first and second violations of this code as "infractions", while any subsequent violations shall be deemed and enforced as "misdemeanors". (Ord. 97-814)

A violation of any provisions of this code expressly enforced as an infraction shall be punishable by a fine not to exceed that allowable by California state law, as set forth by city council resolution. (Ord. 97-814)

The duty of enforcing this code shall be the responsibility of the city manager or other designated city official. (Ord. 97-814)