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HomeMy Public PortalAboutOrdinance 60-11OREDIN.''NCE NO. 60 -11 AN ORDINANCE OF THE CITY OF TEMPLE CITY, CPLIFORNIA, REGULATING THE DISSEMINATION OF ADVERTISING MATTER, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1: That the dissemination of advertising matter, as hereinafter defined, within the City of Temple City is and for some time has been steadily increasing. That no ordinance of the City of Temple City presently regulates adequately the dissemination of such advertising matter. That the dissemination of advertising matter without regulation has resulted and will continue to result in the littering of both public and private properties in the City of Temple City with such advertising matter, causing: vexation to prop- erty owners and residents not desiring such advertising matter, and causing an increasing and unnecessary burden on citizens and city services in removing the same. That eresent City Ordinances need amplification to cope with the situation. That the regulations here- inafter imposed are intended to be supplementary to and in addition to any existing regulations or ordinances relating to the subject matter, and shall not be construed to repeal or modify any such regulations or ordinances unless and only to the extent that they may be directly in conflict herewith. SECTION 2: "Advertising Matter ", for the purpose of this Ordinance, shall mean and include printed handbills, posters, dod- gers, booklets, cards in excess of two and one -half (22) inches by four (4) inches, and many other printed advertising matter describ- ing or calling attention to any product, business, enterprise, per- son, firm or corporation for any purpose other than solely for religious or political purposes, but excluding a newspaper. "Disseminate," as used in this Ordinance, shall mean and in- clude the terms, distribute, deposit, hand out, pass out, give out, deliver and throw away, as well as causing or permitting any of the foregoing. "Newspaper" for the purpose of *his Ordinance, shall mean and be limited to a publication which has been and at the time of its dissemination or distribution is admitted as second class matter under applicable United States Postal regulations, is a news -e- paper of general circulation under the laws of the State of Calif-r- nia, and at the time of its dissemination or distribution maintains a bona fide list of paying subscribers at regular published rates. "Person," as used in this Ordinance, shall mean and include any individual person, firm, association, orgainization, partnership, business trust, Massachusetts Trust, Company and corporation. "Premises." as used in this Ordinance, shall mean and in. elude every house, dwelling, building, structure, enclosure, business establishment, lot, yard, location, place, alley, parkway, sidewalk, ?' street, public way and every vehicle. "Printed," as used in this Ordinance, shall mean and include the terms, mimeographed, lithographed, hand - written, stereotyped, typewritten and printed. SECTION 3: It shall be unlawful for any person to dissem- inate advertising matter to, at, upon, or onto any premises in the City of Temple City except; (a) in, at or upon a box or receptacle (other than a United States Mail Box) marked with letters at least one half inch high "For Advertising Matter;" of (b) in, at or upon the promises of a tenant in lawful possession thereof who has signed and filed with the person disseminating the advertising matter a written request that such advertising matter be deposited on his premises. All such written requests must be maintained at all times in the office or place of business of the person disseminating such advertis- ing matter, and shall be kept on file for a period of six months after 22 1 1 1 Ord. No. 60 -11 page 2 the last dissemination of advertising matter pursuant to such re- quest. Such written request once made by a tenant in lawful poss- ession of premises shall remain applicable es to the premises des- cribed in such consent until countermanded by the tenant in lawful possession of the same premises. The owner of vacant property shall be deemed to be the tenant in lawful possession of premises for the purposes of this Ordinance. All such written requests shall be available for inspection by any city official of the City of Temple City during all regular business hours. All advertising matter disseminated in the City of Temple City shall have printed thereon or affixed in legible form the name, address and telephone number of the person responsible for the distri- bution of such advertising matter, together with a legible notice to the effect that anyone who does not desire to receive such advertis- ing matter shall notify the said person responsible for the 'distribu- tion thereof or the City Clerk, City Hall, City of Temple City, in writing to that effect. Thereafter the person thus notified shall disseminate no such advertising matter to the premises described in such notification. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby de- clares that it would have adopted this Ordinance, and each section, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 5: Any person violating or permitting or responsible for the violating of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail of the City of Temple City, or in the County Jail of the County of Los Angeles, California, as the committing magistrate may direct, for a period of not more than six (6) months, or by both such fine and imprisonment. Every such per- son continuing, committing or permitting the violation of any pro- visions of this Ordinance shall be deemed •guilty of a separate of- fense for each and every day or portion of any day during which any violation of any provision of this Ordinance is committed or permitted SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of Fifteen (15) days from the passage hereof, shall cause the same to be published once in the Temple City Times, a newspaper of general circulation published and circulated in the City of Temple City. PASSED AND ADOPTED by the City Council of the City of Temp1E City at a regular meeting thereof held this llth day of July, 1.960,. by the following roll call vgte: AYES: Councilmen: Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Mevbr - 23 Ord, No, 60 -11 page 3 1 hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Temple City at a regular meeting thereof held on the 11th day of July, 1960, by the following roll call vote: AYES: NOES: ABSENT: Councilmen: Buchan, Dickason, Merritt, Tyrell & Fitzjohn Councilmen: None Councilmen: None STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) 1, Marjorie A. Woodruff, do hereby certify that 1 have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 60 -11 was introduced at a regular meeting of the City Council held on June 27, 1960, and adopted at a regular meeting of the City Council held on July 11, 1960, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell,.Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Dated: July 11, 1960 DeputVCity Cler of the ity of Temple/City, California 24