§ 5.06.010. Handbills and circulars.

The following ordinance is an initiative measure adopted November 8, 1932:

AN ORDINANCE REGULATING THE DISTRIBUTION OF ADVERTISING MATTER UPON PRIVATE PROPERTY, PROVIDING A PENALTY FOR VIOLATION HEREOF, AND REPEALING ORDINANCE NO. 3144 AND ALL ORDINANCES IN CONFLICT HEREWITH.

  BE IT ORDAINED by the qualified Electors of the City of Oakland as follows:

  SECTION 1. DEFINITIONS. For the purpose of this Ordinance the following words and phrases are defined as follows:

(a) PERSON. A person is an individual, association, firm, copartnership or corporation.

(b) PRIVATE PROPERTY. Private property is any parcel of real property in the city of Oakland, or any dwelling, residence, or other building thereon.

(c) ADVERTISING MATTER. Advertising matter is any broadside, booklet, card, circular, dodger, handbill, poster, newspaper, or other advertising medium of similar nature, excluding, however, any newspaper eligible for entry as second-class matter under the provisions of the United States Post Office Regulations of March 3, 1879, and other regulations and statutes of the United States.

  SECTION 2. UNLAWFUL TO DISTRIBUTE IN CERTAIN CASES. It shall be unlawful to distribute or cause to be distributed any advertising matter in or upon private property when,

(a) There is erected or painted in a conspicuous place upon such property a sign containing the words, "No advertising matter" or other words of similar import; or

(b) It is apparent that said property is vacant; or

(c) It is apparent that a previous day's distribution of advertising matter has not been removed.

  SECTION 3. MANNER OF DISTRIBUTION. Subject to the provisions of the preceding Section of this Ordinance, it is hereby declared to be unlawful for any person to distribute or cause to be distributed in or upon any private property any advertising matter except in the following manner, and distribution in such manner is hereby declared to be lawful:

(a) By placing the same in a receptacle, clip, or other device designed or intended to receive advertising matter when such receptacle, clip, or other device shall have been erected in a conspicuous place near the front door or front entrance or near the mail box of any private property; or

(b) If no such receptacle, clip, or other device shall have been erected as hereinabove provided, then by handing said advertising matter to an occupant of said property, or placing the same upon the porch or vestibule of a house or building on said private property, provided that in the latter case, said advertising matter is wrapped, tied, folded, or otherwise so prepared or placed that it will not be blown therefrom by the winds.

  SECTION 4. UNLAWFUL TO DISTRIBUTE WITHOUT PERMIT. It is unlawful for any person, except the holder of a distributor's permit granted pursuant to the terms of this Ordinance, to distribute or cause to be distributed by his or her employees or otherwise, any advertising matter.

  SECTION 5. GRANTING OF PERMIT. Any person desiring a distributor's permit shall file an application therefor with the City Clerk upon forms to be furnished by said City Clerk, and containing such pertinent information as the City Clerk may require.

  Forthwith upon filing such application, said City Clerk shall issue a distributor's permit to the applicant, together with a serial number thereon, without cost therefor and without any period of expiration thereof, provided, however, that, in the event that a distributor's permit previously issued to the applicant shall have been revoked, then such permit shall not be issued to the applicant without the consent of the Chief of Police. The Chief of Police shall consent to the issuance of such permit if the applicant, in the sound discretion of the Chief of Police, despite the previous revocation of his distributor's permit, is a fit and proper person to hold such permit.

  SECTION 6. REVOCATION AND SUSPENSION OF PERMIT. Any distributor's permit issued under the provisions of this Ordinance may be revoked by the Chief of Police in the event that the holder of such permit or any of his or her employees is distributing advertising matter contrary to the provisions of this Ordinance, and to such an extent that, in the discretion of the Chief of Police, the holder of such permit is not a fit and proper person to hold the same. Such revocation shall be made only after a hearing granted to the holder of such permit before the Chief of Police upon five days' notice to such permit holder, setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Such hearing may be continued from time to time. Upon revocation of any distributor's permit the same shall be forthwith surrendered to the Chief of Police, providing, however, that, if an appeal is taken from the order revoking such permit as hereinafter provided for, said order of revocation shall be stayed until a final determination of such appeal by the City Council. A distributor's permit may be suspended by the Chief of Police for a definite period of time for the same reasons and subject to the same limitations and procedure as provided for the revocation of such permit.

  SECTION 7. METHOD OF APPEAL. An appeal may be taken to the City Council from any order of the Chief of Police, denying, revoking, or suspending a distributor's permit by filing with the City Clerk, within fourteen days after notice of the action appealed from, a written notice of such appeal setting forth the grounds thereof. The City Clerk shall forthwith set said matter for hearing before the City Council and cause notice thereof to be given to the appellant not less than five days prior to such hearing. Such hearing may be continued from time to time by the City Council. The City Council, in the exercise of a sound and reasonable discretion shall, upon such appeal, have the power to reverse, modify or affirm the action appealed from.

  SECTION 8. MANNER OF GIVING NOTICE. Any notice required by this Ordinance must be in writing and may be given by personal service or by mail. In case of service by mail, notice must be deposited in the United States Post Office, or in a United States post box, in a sealed envelope with postage thereon prepaid, addressed to the person on whom it is to be served at his or her last known address. Service shall be deemed completed at the time of the deposit of the same in such post office or post box.

  SECTION 9. PERMIT NUMBER TO BE ON ADVERTISING MATTER. It is unlawful for any person to distribute or cause to be distributed any advertising matter to or upon any private property unless there shall be printed, stamped, or otherwise clearly designated in legible characters in a conspicuous place on the front page of each and every piece of advertising matter, the words "Distributor's Permit No._____," with the permit number designated by the City Clerk inserted thereon.

  SECTION 10. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

  SECTION 11. PENALTY. Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one hundred dollars, or by imprisonment in the city jail for a period of not more than twenty days, or by both such fine and imprisonment.

  SECTION 12. REPEAL. Ordinance No. 3144 and all ordinances in conflict herewith are hereby repealed.

  SECTION 13. TAKING EFFECT. This Ordinance shall take effect five days after the declaration of the official canvas.

(Prior code § 5-3.01)