Whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, such publication shall be made only in a newspaper of general circulation.
Publications and Official AdvertisingPublications
Section § 6040
When the law requires something like a notice or announcement to be published, it must be done in a newspaper that's widely read by the general public.
official advertising public notices newspaper publication
Section § 6040.1
This section lays out the requirements for giving public notice when a joint powers entity enacts an ordinance to issue revenue bonds, which are subject to a public referendum. The notice must be published in a local daily newspaper for five consecutive days. If there isn't a daily publication, it should be published twice in weekly newspapers or posted in public places if there are no weekly newspapers. The notice must clearly state that the ordinance can be challenged by a referendum and outline the process for challenging it. It should also provide detailed information about the bond issue, such as its purpose, maximum amount, duration, interest rate, and how it will be paid off. The party approving the ordinance must pay for the notice, and these costs can be included in the bond issue expenses.
(a)CA Government Code § 6040.1(a) Notwithstanding Section 6040, notice shall be given of ordinances enacted to authorize issuance of revenue bonds by joint powers entities and the fact that such ordinance is subject to referendum. All such notices shall meet the following requirements:
(1)CA Government Code § 6040.1(a)(1) Notices shall appear for five consecutive days in at least one daily newspaper of general circulation published in the affected area; and if no such daily publication exists, then at least twice in the weekly newspapers of the area; and if there are no such weekly newspapers, then notice shall be posted for no less than two weeks in at least 15 public places; and
(2)CA Government Code § 6040.1(a)(2) Notices shall state the fact that the ordinance is subject to referendum in no smaller than 10-point type, and describe the procedures for such referendum in no smaller than 8-point type; and
(3)CA Government Code § 6040.1(a)(3) Notices shall describe in no smaller than 8-point type the nature and purpose of the bond issue, the maximum amount of the bond issue, the duration of the proposed indebtedness, the probable or anticipated rate of interest on such bonds, and the anticipated sources of revenue to redeem such bonds; and
(4)CA Government Code § 6040.1(a)(4) Notices shall be of sufficient size to contain the information required by paragraphs (2) and (3).
(b)CA Government Code § 6040.1(b) The cost of such notice shall be borne by the party to the joint powers entity which approves the ordinance, and may be included as part of the cost of the bond issue, to be paid by revenues from the bond issue.
notice requirements revenue bonds joint powers entities
Section § 6040.5
This law defines what is meant by 'daily newspaper' and 'weekly newspaper' in terms of legal publications or official advertising in the state. A 'daily newspaper' is one that is published at least five days a week, while a 'weekly newspaper' is published between once and four times a week. If a law requires something to be published in a weekly newspaper, it is sufficient for it to be published once a week for the required period in accordance with this definition.
As used in any law of this State providing for any publication, or notice by publication, or official advertising, “daily newspaper” means a newspaper of general circulation that is published on five or more days in a calendar week, and “weekly newspaper” includes any newspaper of general circulation that is published on at least one, but less than five, days in a calendar week.
Any provision in any such law for publication in a weekly newspaper shall be deemed complied with if publication is made once a week for the period specified in a weekly newspaper as defined in this section.
daily newspaper definition weekly newspaper definition publication requirements
Section § 6041
This law requires that any official notice, publication, or advertisement mandated by state law must be published in a newspaper that is widely circulated within the area where the officer responsible operates. If a government official or court officer needs to issue a public notice, it must be done in a local newspaper that is read by the general public in that area.
Whenever any publication, or notice by publication, or official advertising is required by any law of the State to be given or made by any State, county or city officer, by the officer of any political subdivision of the State, or by any officer of any court, the publication, notice by publication, or official advertising shall be given or made only in a newspaper of general circulation published within the jurisdiction of the officer.
official notice publication requirement advertising
Section § 6041.1
An officer can publish official notices or advertisements in a newspaper outside their area if two conditions are met: a significant number of local residents will gain from it, and there is specific funding set aside for this purpose.
Any officer who gives or makes any publication, notice by publication, or official advertising pursuant to Section 6041 may also give or make such publication, notice by publication or official advertising in a newspaper of general circulation published outside the jurisdiction of the officer, provided:
(a)CA Government Code § 6041.1(a) The officer determines that a substantial number of residents within his jurisdiction would benefit therefrom, and
(b)CA Government Code § 6041.1(b) Funds have specifically been made available for such purpose.
officer publication notice by publication official advertising
Section § 6042
If there's no local newspaper published where an official needs to place a notice or advertisement, they should use the nearest available newspaper that is widely circulated.
Where no newspaper of general circulation is published within the jurisdiction of the officer, then the publication, notice by publication, or official advertising shall be given or made in a newspaper of general circulation published nearest thereto.
newspaper of general circulation official advertising notice by publication
Section § 6043
This law requires that all official announcements, such as public notices or advertisements, be printed in a font size no smaller than 'nonpareil'. These announcements must start with a bold heading, also in 'nonpareil' size, summarizing the notice's main purpose or nature.
All such publications, notices by publication, or official advertisements shall be set in type not smaller than nonpareil, and shall be preceded with words printed in black-face type, not smaller than nonpareil, describing or expressing in general terms the purport or character of the notice intended to be given.
publications notices official advertisements
Section § 6044
This law states that government officials at any level who ignore or violate certain legal provisions are personally responsible for any damages caused. They're also liable for an additional $100 in each case. The person affected can sue for these damages in court.
State, county or city officers, officers of political subdivisions, and officers of courts who violate or disregard the provisions of this article, or of Article 1, are responsible personally and on their official bonds for all damages occasioned thereby, together with one hundred dollars ($100) liquidated damages in each case, to be recovered in any court of competent jurisdiction by the person aggrieved or interested.
government officials liability personal responsibility official bonds
