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Municipal Code are hereby repealed.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
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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
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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
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