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HomeMy WebLinkAboutAGENDA REPORT 1989 0607 CC REG ITEM 11BELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer TO: FROM DATE: SUBJECT: MOORPARK M E M O R A N D U M The Honorable City Council Susan Cauldwell, Administrative May 25, 1989 COMMERCIAL HANDBILL ORDINANCE Assists t ITEM STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Staff recently became aware of an ordinance passed by the City of Santa Clarita which regulates the distribution of commercial handbills. The ordinance prohibits the distribution of commercial handbills on public property and imposes conditions on their distribution on private property. For example, the proposed ordinance requires that the name and address of the distributor of the handbill appear on the handbill; that distribution on private property occur only with the consent of the property owner; and that handbills be personally delivered or properly secured. Commercial handbill distribution is prohibited on public property or on motor vehicles parked on public streets, alleys or parking areas. The City Attorney advises that limiting commercial handbill distribution between the hours of 9:00 a.m. to 5:00 or 6:00 p.m. has been held as being overly restrictive and unreasonable in a series of cases at the federal level. The proposed ordinance states that commercial handbill distribution is permitted only between the hours of 8:00 a.m. and 8:00 p.m. The City Attorney thinks this time restriction is more reasonable but cannot guarantee that it will withstand future legal challenges. Staff Recommendation MOORPARK, CALIFORNIA City Council Meeting That the City Council approve the ordinance for first reading and introduction. of 4, - % 198L ACTION: (.2 -.-1 (-' `I :d L 799 Moorpark Avenue Moorpark, California 93021 (805) 629 -6864 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE TO ADD CHAPTER 70 TO TITLE 9 OF THE MOORPARK MUNICIPAL CODE TO REGULATE THE DISTRIBUTION OF COMMERCIAL HANDBILLS ON PUBLIC PROPERTY, RESIDENTIAL PROPERTY AND VEHICLES. THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: Chapter 70 of Title 9, of the Moorpark Municipal Code is hereby added to read as follows: Chapter 70 Handbill Distribution. Section 9.70.010. Definitions. For the purposes of this Part, the words and phrases set forth in this Section shall have the following meanings, unless the context clearly indicates to the contrary: (a) "Commercial handbill" means any handbill which is distributed for the purposes of advertising for sale goods, wares, merchandise or services, or any other commercial activity; however, for the purposes of this Part, "commercial handbill" means and includes the distribution or circulation of samples of goods, wares and merchandise. (b) "Handbill" means a printed ( "printed" includes all forms of reproduced writing) paper or circular, which is circulated or distributed, other than by United States mail, for the purpose of advertising goods, wares, merchandise or services, or soliciting orders for such; handbill does not include newspaper. For the purposes of this subsection, "newspaper" means a periodical published primarily for the dissemination of news and intelligence of a general character. (c) "Non- Commercial handbill" means any handbill other than a commercial handbill. Section 9.70.020. Distribution Regulations. The following regulations shall apply to the distribution and circulation of commercial handbills within the City: (a) Name of Distributor. No persons shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill within the City unless it bears conspicuously thereon the name, address and telephone number of the distributor or other person responsible for the distribution; and (b) Consent of Distribution. No persons shall circulate, distribute, or cause to be circulated or distributed, any commercial handbill on any property within the City without the consent of the owner or occupant of the property. For the purpose of this section, the consent of the owner or occupant of the property shall be presumed unless the owner or occupant has conspicuously posted upon the property a sign or other device which contains language which prohibits handbill delivery in or upon the property; and (c) Distribution On Public Property. No persons shall distribute or circulate, or cause to be circulated or distributed, any commercial handbill in and along any street, alley or other public place within the City; and (d) Distribution on Motor Vehicles. No persons shall circulate or distribute, or cause to be circulated or distributed, any commercial handbill by placing it in or upon any motor vehicle, as that phrase is defined in the Vehicle Code of the State of California, which is parked upon any public street, alley or public parking area; and (e) Distribution On Private Property. The delivery of commercial handbills on private property shall be accomplished by personally delivering the handbill to the person occupying the property, or by placing the handbill upon the property securely, to ensure that the handbill will not be blown from the property on to other lots or public places; and (f) Hours of Distribution. No person shall distribute or circulate, or cause to be circulated or distributed, any commercial handbill between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day. Section 9.70.030. Violation - Penalty. Any person, firm, or corporation violating any of the provisions of this Chapter is guilty of an infraction, which is punishable by: A. A fine not exceeding $50.00 for a first violation; B. A fine not exceeding $100.00 for a second violation within one year; or C. A fine not exceeding $250.00 for each additional violation within one year. Section 2. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. -2- Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner prescribed by law. PASSED AND APPROVED this day of June, 1989. ATTEST: CITY CLERK DCM.895248 -3- Eloise Brown, Mayor