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HomeMy WebLinkAbout347 - Prohibiting the Distribution of Handbills and Other Advertising MatterORDINANCE NO, -91 / AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING THE DISTRIBUTION OF HANDBILLS AND CERTAIN OTHER ADVERTISING. MATTER. The City Council of the City of Costa Mesa, California, does ordain as follows: SECTION 1. There is hereby added to Chapter VI of the Munici- pal Code of the City of Costa Mesa a new article numbered Article 8, reading as follows: ARTICLE 8 Advertising Sec. 6800 Definitions "Handbill" includes any printed or written advertising matter) any sample or device, dodgers circular,, leaflet, pamphlet, newspaper, papery booklet„ or any other printed matter or literature. Sec. 6801 Distributing on Public Property No persons either directly or indirectly$ shall deposits place, throws scatter,, or cast any handbill or any other printed or written advertising matter in or on any public thoroughfare,: park, grounds or other public place, provided that the provisions of this section shall not be deemed to prohibit the handing and distribution of any handbill to any person willing to accept it. Sec. 6802 Placing Handbills in or upon Vehicles Prohibited - Exceptions No person, either directly or indirectly, shall distributes deposit, places throws scatters or cast any handbill or any other printed or written advertising matter in or upon any automobile or other vehicle; the provisions of this section shall not be deemed to prohibit the handing of any handbill or any other printed or written advertising matter to the owner or other occupant of any automobile or other vehicle, Sec. 6803 Distributing Handbills on Private Pro erty Prohibited No person, either directly or indirectly, shall distribute, -1- deposit, place, throw, scatter, or cast any handbill or any other printed or written advertising matter in or upon any private yard, grounds, walk, porch, steps, mail box, vestibule, house, residence, building, or any other private property. Sec. 6804 Exemptions The provisions of this Article shall not apply to the distribution of the United States mail, nor to the delivery of any handbill or other printed or written advertising matter to any person who has requested delivery of the `ame. In making delivery of any handbill or any other printed or written advertising matter to any person who has requested the same, the handbill or other printed or written advertising matter shall either be delivered personally to the person who has requested the same, or placed upon his premises in such a manner that the handbill or other printed or written advertising matter will not be blown from the premises of such person onto the private property of other persons or on the streets or other public places with- in the City, such as by attachment to the door or door knob or by placing under mat, sliding under door, or under any object sufficient to prevent it from being blown away. The provisions of this Article shall not apply to any newspaper which is capable of being entered as second class matter under the provisions of the United States postal laws and regulations. Sec. 6805 Hours for Distributing Handbills Restricted No person shall distribute, or cause to be distributed, any nandbill or other printed or written advertising matter at any time from one-half (2) hour after sunset to two (2) hours after sunrise. Sec. 6806 Identification Card for Distributees of Commercial Advertising Matter Required No person shall distribute any commercial advertising matter without first obtaining an identification card from the Police Department of the City of Costa Mesa. Upon application by any person to the Police Department of said City, the Police Department shall issue such identification card to any person who applies, except that it shall not issue any such identification card to any person who has been con- victed of any felony or of any crime involving moral turpitude. Any person denied such identification card by the Police Department shall have the right of appeal to the City Council. Sec. 6807 Validity If any section, sub -section, sentence, clause or phrase of this ordinance is held to be invalid for any reason, such invalidity shall not affect the validity of any other provision of this ordinance. The City Council of the City of Costa Mesa declares that the provisions of this ordinance are sepxr4able and that it would have passed this ordinance and each and every section, sub -section, sentence, clause or phrase, irrespective of the fact that any one or more of the same be declared invalid. SECTION 2, The City Council of the City of Costa Mesa hereby finds and declares that the profuse and promiscuous circulation and distribution of handbills and other printed and written advertising matter on the streets and public places of said City, in and upon the private yards, grounds, walks, porches,, steps, mail boxes, vestibules, and houses, residencess/buildings, and in and upon vehicles, results in the blowing of such matter in the streets, alleys and other public places in said City, and has become a public nuisance and a menace to the health, safety, comfort, morals, peace and general welfare of the public and of the citizens and residents of said City by reason of littering the streets, causing an unsightly condition, increasing the risks of fire, frightening animals, apprizing prowlers and criminals of the absence of residents from their homes, and generally annoying and disturbing the general public, requires that this ordinance be adopted as an urgency measure. SECTION 3. This ordinance shall take effect immediately, and within fifteen (15) days shall be published once in the GLOBE -HERALD and PILOT$ a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 20th day o arch,, 1961 ATTESTzmayorOV" Ci y of Costa Mesa City Z!1erk of the Ctiry of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF COSTA MESA ) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 347 was duly and regularly introduced and considered section by section at a regular meeting of the City Council of the City of Costa Mesa held on the 6th day of March, 1961, and thereafter passsed and adopted as a whole at a regular meeting of said City Council held on the 20th day of March, 1961, by the following roll -call vote: AYES: COUNCILMEN REAS PINKLEY., MEYERS NOES: COUNCILMEN SMITH$ WILSON ABSENT: COUNCILMEN NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21st day of March, 1961. City Clerk and ex-officA Clerk of the City Council of the City of Costa Mesa Chief Deputy STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE 1 I, Wm.Winesks, , being first duly sworn, and on oath depose and say that 1 am the Advertising Manager of the GLOBE -HERALD R PILOT, a newspaper of general circulation printed and published in .the City of Costa Mesa, County of Orange, State of California, and that City Ordinance Number 347 _ (City Costa Mesa, California) of which the copy printed hereon is a true and complete copy, was printed and published in the regular issue(s) of said newspaper on March 23 ,1y 61 Subscribecl and sworn to before me this— day his day of Notary/Public in and for The County of Orange, State of California ELAINE LEVAND MY COMMISSION EXPIRES JULY 14,1964 My Commission expires STATE OF CALIFORNIA ) COUNTY OF ORANGE SS. CITY OF COSTA MESA ) I, A. C. SWARTZ, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that Ordinance No. 447 was introduced and considered, section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 6th day of March , 19_.�L, and thereafter passed and adopted as a whole of a regular meeting of said City Council held on the 20th day of March 1961, by the following roll -call vote: AYES: COUNCILMEN - REA, PINKLEY, MEYERS NOES: COUNCILMEN - SMITH, WILSON ABSENT: COUNCILMEN - NONE I FURTHER CERTIFY that said Ordinance No. 447 was published in the GLOBE -HERALD and PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the 24th day of March CClerk and ex -officio of the City Council of the//City of Costa Mesa Chief Deputy oN ncE T - BN STA MESL.A, A TR6 II., OF . TOMIT MES.., CIOSFO NIA PAU- RBIRINO THE OCR TAINTOn'-0F AOVER[6INGA AEa ERAIN. Otl1F:H' TO. 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