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HomeMy Public PortalAboutOrdinance 72-348ORDINANCE NO. 72 -348 AN ORDINANCE OF THE CITY OF TEMPLE CITY REPEALING SECTIONS 4268 -4273 OF THE TEMPLE CITY MUNICIPAL CODE AND ADOPTING NEW SECTIONS 4268 - 4268.6 IN PLACE THEREOF RELATING TO THE DISTRIBUTION OF ADVERTISING MATERIAL THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. Sections 4268 -4273 of the Temple City Municipal Code are hereby repealed.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 c- reates 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, but excluding: a. political programs relating exclusively to the support of, or opposition to, a matter of political importance; b. programs or tracts relating to religious matters; c. any newspaper which is capable of being entered as second -class matter under the provi- sions of the United States Post Office Regulations of March 3rd, 1879, and other United States Statutes, or of any newspaper of general circula- tion adjudicated as such under the statutes of the state, or of any newspaper designed principally and primarily for the dissemination of news and infor- 1 mation concerning public affairs as opposed to commercial advertising material, or of any other "newspaper" as that term is from time to time construed by the statutes, court decisions and laws of the land. 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 same may be personally delivered to persons who are willing to accept the same in hand; and provided that newsstands are permitted at such locations as do not impair traffic or pedes- trian movements. Section 4268.3. Automobiles. No person shall place in or on any automobile or other motor vehicle 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 whose 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: A) to distribute advertising matter without having obtained such list; Z) :..t:o distribute in viola- tion of the provisions thereof; or 3) to fail to provide adequate supervision to assure 'complfance ws t:h..such list. • Sect i:06n' :4268;.:5:4a'ca6t Property No :;ers:ori .shat l throw, distribute, scatter, deposit, place or deliver any advertising matter upon any vacant property. Ordinance No. 72 -348 Section 4268.6 Identification. 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 distribu- tion 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 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 4268.7 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. This Ordinance shall supersede Ordinance No. 72 -347. SECTION 4. 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 thereof, irrespective of the fact that any one or more sections, sentences, clauses or phrases by declared invalid or unconstitutional. SECTION 5. PENALTY. Any person, firm or corporation violating this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500, or by imprisonment in the City or County jail for a period of not to exceed six (6) months, oe by both such fine and imprisonment. SECTION 6. The City Clerk shall certify to the adoption 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, published and circulated in the City of Temple City. APPROVED and ADOPTED this 16th day of May , 1972. ATTEST: 6., C1 e, Deputy City C erk STATE OF CALIFORNIA ) COUNTY 'OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) I, do hereby certify that the foregoing Ordinance, being Ordinance No. 72 -348, was introduced at a regular meeting of the City Council of the City of Temple City, held, on the 2nd day of May, 1972, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of said City Council held on the l6thday of May , 1972, by the following vote: AYES: Councilmen- Dennis, Gilbertson, Merritt, Tyrell, Briggs NOES: Councilmen -None ABSENT: Councilmen -None - /� -/��/ Chief Deputy City Clerk