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It shall be unlawful for any person, when making or attempting to make any repossession of any motor vehicle or any other personal property, to represent themself as a police officer, or a member of the Police Department of this City, or to be connected with the Department, whether expressly or by implication, or by the use of display of any emblem, badge, insignia or uniform calculated to indicate that the wearer is a police officer, or a member of the Police Department, or connected therewith in any way.
Section
28.00 Definitions.
28.01 Handbills – Distribution.
28.01.1 Hand-bills and Tip Sheets – Distribution.
28.02 Hand-bills – Permission Premises.
28.03 Hand-bills, Signs – Buildings Permission.
28.04 Hand-bills, Signs – Public Places and Objects.
28.05 Hand-bills, Signs – Beach or Tideland of City – Exception.
28.08 Hand-bills – Name and Address of Distributor.
28.09 Advertising – Goods as Dealers – Exception.
28.10 Balloon – Use for Advertising.
28.11 Captive Balloons and Similar Devices.
28.12 Airplanes – Loud Speakers On.
28.13 Animals – Use for Advertising.
28.15 Signs – Liquor Establishments.
28.16 Signs – Gasoline Prices – Posting.
28.16.1 Signs – Gasoline Sales – Volume.
28.17 Signs – Gasoline Prices – Uniformity.
28.20 Advertising – Kosher Meat Products.
28.30 Prohibition of Misleading Advertising by a Pregnancy Service Center.
For the purpose of this article the following words and phrases are defined, and shall be construed as hereinafter set out, unless it shall be apparent from the context that they have a different meaning.
“Hand-bill” shall mean any hand-bill, dodger, commercial advertising circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter calculated to attract attention of the public.
“Tip Sheet” shall mean any written or printed form, chart, sheet or card giving or purporting to give any list or probable list of entries of any horse race or other contest and having in connection therewith any tip, information, prediction, selection, key or cipher, indicating the probable winner or loser, or the result or probable result, of such race or contest, or the actual or probable state of the wagering or betting upon or against any horse or other contestant in such list.
(Amended by Ord. 168,321, Eff. 12/13/92.)
(a) No person shall distribute or cause or direct the distribution of any handbill to passengers on any streetcar or throw, place or attach any handbill to or upon any vehicle.
(b) For the purposes of this section, there shall be a presumption that the business, commercial activity or person whose name appears on any handbill so thrown, placed or attached, threw, placed or attached such handbill, or caused or directed that such handbill be thrown, placed or attached to or upon any vehicle. Said business, commercial activity or person may rebut the foregoing presumption by the presentation of competent evidence that the business, commercial activity or person did not cause or direct that any handbill be thrown, placed or attached to or upon any vehicle. In lieu of the use of this presumption, criminal liability may be established by direct evidence that the business, commercial activity or person whose name appears on the handbill caused or directed that such handbill be thrown, placed or attached to or upon any vehicle.
The freedom of press guaranteed by the First Amendment of the Federal Constitution, and made applicable to the states by the Fourteenth Amendment has no application to the distribution of hand-bills on the streets for purely commercial advertising.
Valentine v. Chrestensen, 316 U. S. 52, 54; 86 L. Ed. 1262.
Jamison v. Texas, 318 U. S. 413, 417; 87 L. Ed. 869.
Murdock v. Pennsylvania, 319 U. S. 105, 108; 87 L. Ed. 1292; 146 A. L. R.
The rule as regards purely commercial advertising is the same under Article 1, Section 9 of the California Constitution.
In re Porterfield, 28 Cal. 2d 91,101; 167 A. L. R. 675.
A City ordinance making it unlawful to deposit advertising matter in or on motor vehicles parked on streets does not violate the constitutional guaranties of freedom of speech and of the press, and does not constitute an arbitrary and unreasonable restraint on the conduct of a lawful business.
People v. Uffindell 90 Cal. App. 2d Supp. 881. (ordinance reading “it shall be unlawful to deposit . . . in or on any motor vehicle parked on any street in the City of San Diego . . . any . . . advertising matter.”)
(Amended by Ord. No. 159,222, Eff. 9/3/84.)
(a) No person shall sell to, or distribute among, pedestrians, or persons in vehicles, any tip sheet, on any street or sidewalk, or in any park.
(b) No person shall cast, throw or deposit any tip sheet or hand-bill onto any street, sidewalk or park.
(c) No person shall distribute any hand-bill on public property:
(1) on the roadway, center divider or median of a street;
(2) to any person in an unparked vehicle;
(3) within ten feet of an entrance to a building;
(4) within ten feet of a marked or unmarked crosswalk;
(5) along or within ten feet of a construction fence; or
(6) on any portion of a driveway.
(d) No person who distributes any hand-bill on a public sidewalk or in a public park shall neglect to remove any hand-bill which is distributed by that person or another person also distributing copies of the same hand-bill, which hand-bill is then thrown, cast or deposited on the ground by another person within one hundred feet from the location of the particular distribution by said person.
No person shall distribute, deposit, throw, place or attach any hand-bill to, in or upon any porch, yard, steps or mail-box located upon any premises not in the possession of or under the control of the person distributing the said hand- bill, which premises has posted thereon in a conspicuous place, a sign of at least twelve inches in area bearing the words, “No Advertising,” unless the person distributing the hand-bills has first received the written permission of the person occupying or having possession of such premises authorizing the person so to do.
Advertising is a lawful occupation and as such is a property right secured by the constitutional guarantees against deprivation of property without due process of law, however such occupation may be regulated by forbidding its distribution in places where it might result in the littering of public places.
People v. St. John, 108 Cal. App. 779.
The ordinance may lawfully prohibit the acts described therein.
People v. Lockett, CR A 1145.
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