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Municipal Code are hereby repealed.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