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HomeMy Public PortalAboutOrdinance 72-347ORDINANCE NO. 72 -347 AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTIONS 4268 -4273 OF THE TEMPLE CITY MUNICIPAL CODE AND ADOPTING NEW SECTIONS 4268- 4268.7 IN PLACE THEREOF RELATING TO THE DISTRIBUTION OF ADVERTISING THIS ORDINANCE TO BE AN URGENCY ORDINANCE. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. Sections 42.68 -42.73 of the Temple City Municipal Code are hereby repealed. SECTION 2. New Sections 4268- 4268.6 are hereby added to the Temple City Municipal Code as follows: DISTRIBUTION OF ADVERTISING MATERIAL Section 4268. The City Council hereby determines that the practice of throwing or placing of advertis- ing matter and other similar material upon public and private property in the City has resulted and will continue to result in the littering of public and private property to the detriment of the residents; and that the indiscriminate throwing or placing of such material on private property creates a serious police problem and a threat to public safety in that property owners or occupants are not always aware that such material is to be thrown upon their premises, and are often unable to make proper 'provisions for the removal of such material from their property with the result that their absence from their premises may inadvertently be made known to persons of criminal propensities because of the accumulation of such mat- ter; and that the regulations hereinafter imposed are necessary to alleviate the aforesaid conditions and to protect the public health, safety and welfare of the community. Section 4268.1. "Advertising matter" as used in these Sections shall mean any material calling atten- tion to any product, business enterprise, business activity or service;. ;including newspapers but exclud- ing political programs relating exclusively to the support of, or opposition to, a matter of political importance. Section 4268.2. Public Places. No person shall throw, distribute, scatter, deposit, or place upon any public place within the City, including, but not limited to, streets, alleys, public parks, and school grounds, any advertising matter as defined herein; provided, however, the sane may be personally delivered to persons who are wilting to accept the same in hand; and, provided that newsstands are permitted at sQch locations as do not impair traffic or pedestrian movements. Section 4268.3 Automobiles. No person shall place in or on any automobile or other motor vehicle 1 Ordinance No. 72 °347 in the City any advertising matter as defined herein, without first having obtained the permission of the owner or person in possession thereof. Section 4268.4 Private Premises. No person shall throw, distribute, scatter, deposit, place, or deliver any advertising matter in the yard or grounds of any house, building, or structure, on any porch, doorstep, or vestibule thereof, if the owner thereof shall have registered with the City Clerk the refusal of such owner to receive such advertising material. (a) The City Clerk shall maintain a list of those properties whose owners have written to the City Clerk to refuse such advertising matter. (b) It shall be the responsibility of any person distributing advertising matter on private property to obtain from the City Clerk a list of those properties • hose owners have so refused to receive such material. (c) The City Clerk shall give such list, free of charge, to any person desiring to make such distribution. (d) It shall be unlawful for any person 1) to distribute advertising matter without having obtained such list; - .2),to distribute in.viola- tion of the provisions thereof; or 3) to fail to pro - vide adequate supervision to- assure,compliance with such Section 4268.5 Vacant Property. No person shall list. throw, distribute, scatter, deposit, place or deliver any advertising matter upon any vacant property. Section 4268.6 Exemption. The provisions of these Sections shall not be deemed to apply to the distribution of United States mail, telegrams or other matter preempted by state, federal, county or local law. SECTION 3. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Temple City hereby declares that it would have passed and does hereby pass this section and each sentence, section, clause and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PENALTY. Any person, firm or corporatio.ri violating this Ordinance shall be guilty of a misdemeanor 2 Ordinance No. 72347 and upon convict:.i.on rhe.r.'eof shal,l be punishable by a fine of not more than $500, o:r by imprisonment in the City or County jail for a period of not to exceed six (6) months, or by both such fine and imprisonment. SECTION 5. The City Clerk shall certify to the adop- tion of this Ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, pub- lished and circulated in the City of Temple City. SECTION 6, The City Council finds and declares that it is necessary to adopt this ordinance as an urgency ordinance for reasons that throw -away distributorships have promiscuously scattered litter and debris in the community constituting a fire hazard and sight nuisance conditions. APPROVED AND ADOPTED this 18th day of April, 1972. ATTEST eputy City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) I DO HEREBY certify that the foregoing Ordinance, being Ordinance No. 72 -347, was introduced as an urgency ordinance at a regular meeting of the City Council of the City of Temple City, held on the 18th day of April, 1972, and was duly passed, approved and adopted at said Council meeting, approved and signed by the Mayor and attested by the City Clerk at said Council meeting by the following vote: AYES: NOES: ABSENT: Councilmen- Dennis, Gilbertson, Merritt, Tyrrell, Briggs Councilmen -None Councilmen -None _4 -y / A City C erk 3