HomeMy WebLinkAboutORD 109 1989 0621ORDINANCE NO. 109
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,
01C words and phrases set forth in this Section shall have the
;-�iiowing meanings, unless the context clearly indicates to the
contrary:
(a) "Commercial handbill" means any handbill whit, distributed
for, the purposes of advertising for sale goods, wa -es,
services, or any other commercial activity; however, for thL. purpo, -.es
i:hi� Dart, "commercial handbill" means and includes the distribution
is : 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
,U(vertising 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 pub'
places; and
(f) Hours of
circulate, or cause
handbill between the
following day.
Distribution. No person shall distribute or
to be circulated or distributed, any commercial
hours of 8:00 p.m. of any day and 8:00 a.m. of the
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 21st of June, 1989.
ATTEST:
DCM.895248
all
r
Eloise Brown, Mayor
ELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tem
CLINT HARPER, Ph. D.
Councilmember
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
MOORPARIv
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) SS.
CITY OF MOORPARK )
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
I, Lillian E. Kellerman, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Ordinance No. 109 _ was adopted by the City Council of
the City of Moorpark at a meeting held on the 21st day of
June , 1989, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Lawrason, Montgomery, Perez and Mayor Browr
NOES: None.
ABSENT: None.
ABSTAIN: None.
WITNESS my hand and the official seal of said City this 26th day
of June 1989.
Lillian E. Kellerman
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864