Chapter 5.08
ADVERTISING
Sections:
5.08.010 Distribution – Unlawful methods designated.
5.08.020 Distributing – On residential property – Restrictions – Registration required when.
5.08.030 Display – Vehicles with commercial signs prohibited where.
5.08.040 Display – Unlawful when.
5.08.050 Display – Permitted when.
5.08.060 Violation of CVMC 5.08.030 through 5.08.050 – Penalty.
5.08.070 Loudspeaker or other public address system – License required – Tax – Exceptions.
5.08.080 Handbill or sample distribution – License tax required.
5.08.090 Billboards and bill posting – Licensing tax required – Exemptions.
5.08.100 Vehicles primarily used for advertising purpose – Permit required – Restrictions.
5.08.010 Distribution – Unlawful methods designated.
It is unlawful for any person to distribute, scatter or dispose of any handbills or other printed or written advertising matter in the city in the following ways:
A. By handing any of the same to any person upon any street, alley or public place, unless the person expresses a willingness or desire for the same;
B. By throwing, depositing, dropping, leaving or posting any of the same upon any street, alley or public place;
C. By throwing, depositing, leaving or posting any of the same upon any private lawns, driveways, public sidewalks or upon any vacant property, unless at the time there be present a person who expresses a willingness or desire for the same;
D. By throwing, depositing, dropping, leaving or posting any commercial handbills or advertising matter in or upon any automobile or other vehicle without the consent of the owner or person in charge thereof;
E. By throwing, dropping, casting or distributing, or causing or permitting to be thrown, dropped, cast or distributed, any handbill, dodger, poster, circular, notice or other advertising matter from any aircraft while in flight over the city. (Prior code § 3.1).
5.08.020 Distributing – On residential property – Restrictions – Registration required when.
A. It is unlawful for any person, firm or corporation, or any agent or employee of any person, firm or corporation, to throw into, leave upon or scatter onto any residential property, including transient residential property such as hotels or motels, in the city, without the consent of the owner thereof or his agent, or the occupant of the private property, any newspaper, handbill, pamphlet, circular, dodger or any advertising sheet or matter devised or intended to promote any commercial or money-making activity. Such consent shall be implied unless and until the owner or his agent, or the occupant of the private property clearly indicates otherwise.
B. Any person, firm or corporation, or any agent or employee of any person, firm or corporation, throwing into, leaving upon or scattering onto any residential property, including any transient residential property such as a hotel or a motel, an above-mentioned newspaper, handbill, pamphlet, circular or dodger or advertising sheet, shall clearly indicate its name and telephone number where consent by a private property owner may be effectively revoked. Such person, firm or corporation as mentioned above shall be required to each year register with the city clerk on the appropriate forms.
C. It shall be illegal for any person, firm or corporation, or any agent or employee of any person, firm or corporation, distributing any newspaper, handbill, pamphlet, circular or dodger or advertising sheet in the city without a business license to conduct the commercial activity therein advertised. (Ord. 2570 § 1, 1993; Ord. 1358 § 1, 1971; prior code § 3.2).
5.08.030 Display – Vehicles with commercial signs prohibited where.
It is the purpose of this chapter to prohibit the use of the public streets and rights-of-way in residential areas in the city to vehicles bearing commercial advertising signs and displays or to any other means of displaying commercial signs. It is the intent of the city council to maintain the residential streets and public rights-of-way for pedestrian and vehicular traffic, to serve the residents of the city, and to restrict commercial advertising activities to the business and industrial areas of the city. (Ord. 921 § 1, 1965; prior code § 3.3(A)).
5.08.040 Display – Unlawful when.
It is unlawful for any person, association, partnership or corporation to move, place, park or stop, or cause to be moved, placed, parked or stopped, upon any street or public right-of-way in any residential area of the city any automobile, truck, motorcycle, wagon, or any other vehicle which bears or carries printed, written or pictorial advertising matter, if the primary purpose of said vehicle is the display of advertising material. No such commercial advertising display or sign shall be permitted on any portion of the public right-of-way, whether affixed to such vehicles or borne by a pedestrian walking, standing or stopped on the public sidewalk, or displayed in any other manner. (Ord. 921 § 1, 1965; prior code § 3.3(B)).
5.08.050 Display – Permitted when.
The prohibitions set forth in CVMC 5.08.030 and 5.08.040 shall not apply to any commercial vehicle used in the ordinary course of business for the purpose of transportation or delivery which displays advertising matter incidental to the use of the vehicle. (Ord. 921 § 1, 1965; prior code § 3.3(C)).
5.08.060 Violation of CVMC 5.08.030 through 5.08.050 – Penalty.
It is unlawful to fail to comply with any of the requirements of CVMC 5.08.030 through 5.08.050. (Ord. 2506 § 1, 1992; Ord. 921 § 1, 1965; prior code § 3.3(D)).
5.08.070 Loudspeaker or other public address system – License required – Tax – Exceptions.
For the operation of any vehicle containing amplifiers, phonograph, loudspeaker, microphone, broadcasting, radio, or a device for public address, and which is used for announcing or advertising upon the public streets or public grounds in the city, there shall be paid in advance to the finance officer of the city a license tax as presently designated, or as may in the future be amended, in Section 5.08.070 of the master tax schedule in CVMC 5.07.030. All religious and charitable organizations shall be exempt from payment of the above license tax and in lieu thereof shall obtain a permit from the chief of police. (Ord. 2408 § 1, 1990; Ord. 921 § 2, 1965; prior code § 3.4).
5.08.080 Handbill or sample distribution – License tax required.
For every person conducting, managing or carrying on the regular business of distributing advertising samples, handbills, dodgers or printed advertisements of any kind, or acting as an employee thereof, there shall be paid in advance to the director of finance of the city a license tax presently designated, or as may in the future be amended, in Section 5.08.080 of the master tax schedule in CVMC 5.07.030. (Ord. 2408 § 1, 1990; Ord. 1801 § 3, 1978; Ord. 921 § 2, 1965; prior code § 3.5).
5.08.090 Billboards and bill posting – Licensing tax required – Exemptions.
Every person conducting, carrying on or operating the business of bill posting or sign advertising by means of billboards, or advertising signboards, or advertising by means of posting, hanging or otherwise affixing or displaying bills, signs or other advertisements in the city, shall pay a tax presently designated, or as may in the future be amended, in Section 5.08.090 of the master tax schedule in CVMC 5.07.030. However, nothing in this section contained shall be deemed or construed to apply to owners of real estate, or other agents in advertising their property for sale or lease by means of billboards, or advertising signboards located upon the property advertised for sale or lease by such billboards or advertising signboards. (Ord. 2408 § 1, 1990; prior code § 18.48).
5.08.100 Vehicles primarily used for advertising purpose – Permit required – Restrictions.
It is unlawful for any person to operate, or cause or permit to be operated, upon or along the streets of the city any vehicle used primarily for advertising purposes, unless the operator or owner of such vehicle shall have first obtained a permit from the city engineer and then only on the days and during the hours and along such route as shall have been designated in the permit. The city engineer shall cause a copy of such permit to be filed in the office of the chief of police. Such vehicles shall be prohibited in any residential area subject to the restrictions set forth in CVMC 5.08.030 through 5.08.060. (Ord. 973 § 1, 1966; prior code § 19.16.3).