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HomeMy Public PortalAboutOrdinance 61-28ORDINANCE NO. 61 -28 AN ORDINANCE OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING CITY ORDINANCE NO. 60 -11 RELATING TO THE DISSEMINATION OF ADVERTISING MATTER. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 60 -11 is hereby amended as follows: By striking Section 2 in its entirety. SECTION 2. The following shall be inserted in its place and stead as Section 2 of Ordinance 60 -11. '=.SECTION 2. 'Advertising Matter,' for the purpose of this Ordinance, .shall mean and include printed handbills, posters, dodgers, booklets, cards in excess of two and one -half (22) inches by four (4) inches, and any other printed advertis- ing matter describing or calling attention to any produce, busi- ness, enterprise, person, form or corporation for any purpose other than solely for religious or political purposes, but ex- cluding a newspaper.. "'Disseminate,' as used in this Ordinance, shall mean and include 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 this Ordinance, shall mean and belimited 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 regu- lations, is a newspaper of general circulation adjudicated as such pursuant to Article 2, Chapter 1, Division 7 of the Govern- ment Code of the State of California. (Sections 6020 through 6027) under the laws of the State of California, 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, organization, partnership, business trust, Massachusetts trust, company or corporation. "'Premises,' as used in this Ordinance, shall mean and include every house, dwelling, building, structure, enclo- sure, business establishment, lot, ye.d-, 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." 64 SECTION 3. It shall be unlawful for any person to dis- seminate 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; or (b) In, at or upon the premises 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 busi- ness of the person disseminating such advertising matter, and shall be kept on file for a period of six months after the last dissemination of advertising matter pursuant to such request. Such written request once made by a tenant in lawful possession of premises shall remain applicable as to the premises described in such consent until countermanded by the tenant in lawful pos- session 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 distribution of such advertising matter, together with a legible notice to the effect that anyone who does not desire to receive such advertising matter shall notify the said person responsible for the distribution thereof or the City Cleric, 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 invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity, of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, sentence, clause, phrase, or portion thereof, ir- respective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitu- tional. SECTION 5. Any person violating or permitting or re- sponsible for the violating of any of the provisions of this Or- dinance,shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or 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 person continuing, committing or permitting the violation of any provisions of this Ordinance shall be deemed guilty of a separate offense for each and every day or portion of any dgy during which any violation of any pro- vision 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 pub- lished once in the Temple City Times, a newspaper of general cir- culation published and circulated in the City of Temple City. -2- 65 PASSED and ADOPTED by'the City Council of the City of Temple City at a regular meeting thereof held this 23d day of January, 1961, by the following called vote: AYES: Councilmen - Buchan, Dickason, Merritt, Tyrell & Fitzjohn NOES: Councilmen- None.'. ABSENT: ATTEST: Councilmen -None —Mayor of the 1JiT7oT , p e City, California Clerk oi' thie amity of Temp City, California V STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -28 was introduced at a regular meeting of the City Council held on January 9, 1961, and adopted at a regular meeting of the City Council held on January 23, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Dickason, Merritt, Tyrell, Fitzjohn NOES: Councilmen -None ABSENT: Councilmen -None Dated: January 23, 1961 Deput City C er o t ei t I'ty Templ- City, California 66