Chapter 5.10
ADVERTISING PRACTICES

Sections:

Article I. Handbills

5.10.010    Definitions.

5.10.020    Permit required.

5.10.030    Application for permit.

5.10.040    Fee.

5.10.050    Exemptions.

5.10.060    Penalties.

Article II. Loudspeakers

5.10.070    Definitions.

5.10.080    Unlicensed loudspeakers prohibited.

5.10.090    Term of license.

5.10.100    Suspension of fee.

5.10.110    License not assignable.

5.10.120    Police to enforce.

5.10.130    Penalties.

Article I. Handbills

5.10.010 Definitions.

“Handbill,” as used herein, shall be deemed to mean and include circulars, advertisements, offers, solicitations, pamphlets, tracts, letters, fliers, dodgers, invitations, notices, announcements, posters, signs, placards, and printed, reproduced, painted or written matter of like nature.

“Person,” as used in MCC 5.10.010 through 5.10.060, shall include any natural person or persons, firm, partnership, corporation, association or organization. (Ord. 513, § 1. Code 1983 § 64.110.)

5.10.020 Permit required.

No person shall distribute, offer, hand, deposit, post, place for general view to the public, nor leave any handbill in or upon the streets, avenues, alleys, parks, utility poles, light standards or public places of the City of Monmouth, nor in or upon or about any private residence, rooming house, court, apartment or motel, or the yard, porch, door, doorstep, hallway, mail receptacle or other appurtenance thereof, nor in, upon or about any vehicle within the City, whether attended or unattended, without first having applied for and obtained from the City a permit to do so. (Ord. 513, § 2. Code 1983 § 64.120.)

5.10.030 Application for permit.

Any person who desires to post or distribute handbills, as defined in MCC 5.10.010, within the City of Monmouth, shall first apply in writing to the Recorder for a permit therefor, which application shall include a brief description of the matter desired to be posted or distributed, the manner of distribution, where the distribution will be made, and the proposed duration of the permit. The applicant shall, at the same time, supply to the Recorder a sample or samples of all such matter, which shall be attached to the application or otherwise filed with the Recorder. (Ord. 513, § 3. Code 1983 § 64.130.)

5.10.040 Fee.

If the Recorder finds such application to be in order he shall issue a permit to the application upon payment of the following license fee:

Duration of Permit:

License Fee:

1 day

$ 2.50

1 week

10.00

3 months

15.00

1 year

25.00

(Ord. 513, § 4. Code 1983 § 64.140.)

5.10.050 Exemptions.

The provisions of MCC 5.10.010 through 5.10.060 shall not apply and no license fee shall be required in the case of any public officer; any executor, administrator, guardian, receiver, trustee or similar officer of any Court; any resident of the City or farmer advertising his own property for sale; any officer, employee or agent of the United States Government, the State of Oregon, or any commission, branch, department, agency, or political subdivision thereof; nor to notice of political meetings; nor to fraternal, patriotic, religious, service, charitable, educational or eleemosynary organizations regularly having and maintaining a local chapter, lodge, post, congregation or other unit thereof in good standing within the City of Monmouth. (Ord. 513, § 5. Code 1983 § 64.150.)

5.10.060 Penalties.

Any person violating any of the provisions of MCC 5.10.010 to 5.10.060 shall be subject to a fine of not to exceed $250.00. Each day a violation continues shall be deemed a separate offense. (Ord. 513, § 6; amended by Ord. 1046, § 19, Dec. 10, 1991. Code 1983 § 64.195.)

Article II. Loudspeakers

5.10.070 Definitions.

The term “person” as used in this article shall be deemed to mean and include any natural person, organization, firm, co-partnership, association, or corporation. (Ord. 482, § 1. Code 1983 § 64.210.)

5.10.080 Unlicensed loudspeakers prohibited.

No person shall create, assist in creating, permit, continue, or permit the continuance of any noise in the City of Monmouth created by the use or operation of any phonograph, radio, loudspeaker, or any sound amplifying device in the City of Monmouth without first having applied for a permit or license and paid the license fee as hereinafter provided. Such permit or license shall be expressly conditioned that the licensee shall not create, assist in creating, permit, continue, or permit the continuance of any noise by the use or operation of said sound amplifying device so loudly as to disturb persons in the vicinity thereof or in such manner as renders the same a public nuisance, but such enumeration shall not be deemed to be exclusive. (Ord. 482, § 2. Code 1983 § 64.220.)

5.10.090 Term of license.

All licenses and permits issued under the provisions of MCC 5.10.070 through 5.10.130 shall be daily licenses, and the license fee therefor shall be the sum of $5.00 per day. (Ord. 482, § 5. Code 1983 § 64.230.)

5.10.100 Suspension of fee.

Notwithstanding the provisions in MCC 5.10.070 through 5.10.130, the City Council may suspend the imposition, associations, or corporation. (Ord. 482, § 6. Code 1983 § 64.240.)

5.10.110 License not assignable.

No license or permit shall be assignable or transferable, or shall authorize any person other than the named licensee therein to carry on the activity for which the license or permit is granted. (Ord. 482, § 7. Code 1983 § 64.250.)

5.10.120 Police to enforce.

It shall be the duty of the Chief of Police of the City of Monmouth to enforce the provisions of MCC 5.10.070 through 5.10.130 and to arrest and prosecute any person found engaged in the activity hereinabove prohibited without a license or permit as required by the provisions of MCC 5.10.070 through 5.10.130. (Ord. 482, § 8. Code 1983 § 64.260.)

5.10.130 Penalties.

Any person violating any of the provisions of MCC 5.10.070 to 5.10.130 shall be subject to a fine of not to exceed $250.00. (Ord. 482, § 9; amended by Ord. 1046, § 20, Dec. 10, 1991. Code 1983 § 64.295.)