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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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Is it against the law to place advertisement flyers on vehicle

Customer Question

Is it against the law to place advertisement flyers on vehicle windshields in the city of Solana Beach, Ca.If so what is the code to explain this.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
No, it would be considered littering. This falls under the Solana Beach Litter Control ordinance.See:http://www.codepublishing.com/CA/SolanaBeach/#!/SolanaBeach06/SolanaBeach0612.htmlChapter 6.12LITTER CONTROLSections:6.12.010 Purpose.6.12.020 Definitions.6.12.030 Prohibition.6.12.040 Litter receptacles required.6.12.050 Abuse or improper use of litter receptacles.6.12.060 Property owner responsibility.6.12.070 Duty to remove litter.6.12.080 Enforcement.6.12.010 Purpose.This chapter provides the regulations to control litter within the city. The collection of litter shall also be regulated and controlled pursuant to Chapter 6.20 SBMC. (Ord. 333 § 1, 2005; Ord. 46 § 1, 1987; 1987 Code § 5.20.010)6.12.020 Definitions.“Litter” is waste material including, but not limited to, convenience food, beverage and other product packages or containers, steel, aluminum, glass, paper, plastic or other materials thrown, deposited or left on property within the city, but not including waste materials discarded in accordance with the provisions of this code. (Ord. 46 § 1, 1987; 1987 Code § 5.20.020)6.12.030 Prohibition.A. It shall be unlawful for any person to throw, deposit, cause to be deposited, or leave litter in or upon any public street, alley, gutter, sidewalk, beach, public right-of-way or public place within the city except in public receptacles or authorized private receptacles.B. It shall be unlawful for any person to throw, deposit, cause to be deposited, or leave any litter in or upon any private property within the city, vacant or occupied, without the permission of the property owner. (Ord. 419 § 1, 2010; Ord. 46 § 1, 1987; 1987 Code § 5.20.030)6.12.040 Litter receptacles required.A. The owner or person in control of any private property which is held open to the public shall provide a sufficient number of litterreceptacles to receive the volume of waste materials likely to be discarded by persons going upon the property.B. Design, marking and maintenance standards for litter receptacles may be adopted by resolution of the city council.C. In the event of a dispute, the number of litter receptacles required for a specific property shall be determined by the city council following a public hearing, noticed by publication.D. The number of litter receptacles required for a particular property may be included in any discretionary permit or other approval granted by the city.E. The city may place additional litter receptacles on public property. (Ord. 46 § 1, 1987; 1987 Code § 5.20.040)6.12.050 Abuse or improper use of litter receptacles.A. It shall be unlawful for any person to damage, deface, abuse or misuse any litter receptacle required by this chapter, not owned by such person, so as to interfere with its proper function or to detract from its proper appearance.B. It shall be unlawful for any person to deposit leaves, clippings, prunings or gardening refuse in any litter receptacle required by this chapter.C. It shall be unlawful for any person to deposit household refuse or garbage in any litter receptacle required by this chapter; provided, however, that this subsection shall not be construed to mean that waste food consumed on the premises of any public place may be deposited in litter receptacles. (Ord. 46 § 1, 1987; 1987 Code § 5.20.050)6.12.060 Property owner responsibility.A. The owner or person in control of any private property shall, at all times, maintain the premises free of litter; except that littermay be stored in litter receptacles for collection.B. Whenever the owner, or person in control, of any private property fails to maintain the premises free of litter as required by this chapter, the city may proceed to remove and dispose of such litter in accordance with the provisions of this title governing the abatement of nuisances. (Ord. 46 § 1, 1987; 1987 Code § 5.20.060)6.12.070 Duty to remove litter.Any persons owning or occupying a place of business within the city of Solana Beach shall implement a general litter removal program within an area of 200 feet of their commercial establishment so as to remove litter generated by said business at least once each business day. This litter removal program shall not permit the business owner or its employees to trespass upon private property. However, the business shall attempt to gain permission of the owner of the private property for said purposes. In addition, this litter removal program requires the business owner or its employees to remove litter from public property with the exception that they are not required to remove litter from any area within a public street or highway. (Ord. 419 § 2, 2010)6.12.080 Enforcement.Any violation of the provisions of this chapter shall constitute violation of the Solana Beach Municipal Code and is subject to the penalty provisions as set forth in Chapters 1.16 and 1.18 SBMC. (Ord. 419 § 3, 2010)