HomeMy WebLinkAboutAGENDA REPORT 1992 0617 CC REG ITEM 09E ITEM 9. E.
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MOORPARK
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799 Moorpark Avenue Moorpark, California 93021c,,y,0 Agg , 4
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MEMORANDUM ARV.._�.yi
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TO: The Honorable City Council
FROM: William Phelps, Director of Community Development
DATE: May 27, 1992 (CC Meeting of 6-17-92)
SUBJECT: AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
AMENDING CERTAIN PROVISIONS OF CHAPTER 9.12 OF
TITLE 9 OF THE MOORPARK MUNICIPAL CODE, PERTAINING
TO OFFENSES AGAINST PROPERTY (HANDBILL DISTRIBUTION)
BACKGROUND
Staff is recommending amending Sections 9.12 .060 and 9. 12 .070 of
Chapter 9 . 12 of Title 9 of the Municipal Code to prohibit the
distribution of handbills on motor vehicles located on public and
private commercial property. The concern of staff is that Section
9.12 . 070 of the Code does not currently provide sufficient language
to allow for proper enforcement to prevent the distribution of
handbills on motor vehicles located on public and private property.
DISCUSSION
Sections 9. 12 .060 and 9 . 12.070 .C, D, and E of Chapter 9. 12 are
proposed to be revised as follows (strikeout identifies proposed
deletions; highlight indicates proposed new language) :
CHAPTER 9. 12 - OFFENSES AGAINST PROPERTY
ARTICLE II. HANDBILL DISTRIBUTION
9.12.060 Definitions. For the purposes of this article, the
words and phrases set forth in this section shall have the
following meanings, unless the context clearly indicates to the
contrary:
"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 article, "commercial handbill" means and includes
the distribution or circulation of samples of goods, wares and
merchandise.
P1405/27/92-A:\CC\HANDBILL.rv2
PAUL W. LAWRASON JR. JOHN E.WOZNIAK SCOTT MONTGOMERY BERNARDO M.PEREZ ROY E.TALLEY JR.
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Printed On Recycled Paper
"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.
"Noncommercial handbill" means any handbill other than a
commercial handbill . (Ord. 89-109 (part) , 1989)
"Public parking area" means an open area, excluding a street or
other public way, used for the park.inc .. of motor Vehicles (as that
phrase is defined in the Vehicle Code of the state and available
to the public, whether for free or for compenati.on
9 .12. 070 Requirements and restrictions.
(No change to Sections 9.12.070.A and 9.12.070.B)
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 0416Ii0 street, p b;lic
alley, public parking area, 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, which
is parked upon any public street, public alley, er public parking
area or otherpublic place within the city tat : r ng lob,,
other private property including co iOtalV` th1stri ri, :aid
residential zoned property.
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 onto
other lots or public places. No ha dbil shall ::be . . .
'placed ;.o
upon any motor vehicle on private pripperty
A draft ordinance is attached to implement the recommended
revisions to Sections 9. 12.060 and 9. 12 .070 .
FN05/27/92-A:\CC\IIANDBILL.rv2 2
RECOMMENDATION
Introduce the Ordinance amending Sections 9.12. 060 and 9. 12.070 of
Chapter 9.12 for first reading.
Attachment: Draft Ordinance
I1505/27/92-k:\CC\HANDBZLL.rv2 3
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTIONS 9.12.060 AND
9.12.070 OF CHAPTER 9.12 TO TITLE 9 OF THE
MOORPARK MUNICIPAL CODE,. PERTAINING TO
OFFENSES AGAINST PROPERTY.
WHEREAS, Sections 9.12.060 and 9.12.070 of the Municipal Code
of the City of Moorpark set forth definitions and requirements and
restrictions pertaining to circulation of handbills; and
WHEREAS, a definition is proposed to be included for "public
parking area" in Section 9.12.060; and
WHEREAS, Section 9.12.070 does not currently address
location restrictions or the City's interest to ensure that the
handbill will not be blown from public and private parking areas
onto other public and private property.
WHEREAS, the distribution of commercial handbills upon
vehicles located in public parking areas as well as upon private
property creates widespread litter which is unsightly, unhealthy
and difficult to remove and hence detrimental to the public health,
safety and welfare of the residents of the City.
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.12.060 and 9.12.070.C, 9.12.070.D and
9.12.070 E. of Chapter 9.12 of Title 9 of the Moorpark Municipal
Code are hereby amended to read as follows:
9 12 060 Definitions. For the purposes of this article, the words
and phrases set forth in this section shall have the following
meanings, unless the context clearly indicates to the contrary:
"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 article, "commercial handbill" means and includes
the distribution or circulation of samples of goods, wares and
merchandise.
"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.
"Noncommercial handbill" means any handbill other than a commercial
handbill. (Ord. 89 -109 (part), 1989)
,— Ordinance No.
Page 2
"Public parking area" means an open area, excluding a street or
other public way, used for the parking of motor vehicles (as that
phrase is defined in the Vehicle Code of the state) and available
to the public, whether for free or for compensation.
Section 9.12.070- Reauiremen:ts and Restrictions.
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 public street, public
alley, public parking area, 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 on or upon any motor vehicle,
as that phrase is defined in the Vehicle Code of the state, which
is parking upon any public street, public alley, public parking
area or other public place within the city, private parking lot, or
other private property including commercial, industrial, and
residential zoned property.
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 onto
other lots or public places. No handbill shall be placed in or upon
any motor vehicle on private property.
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 3. The City Council hereby deems that this ordinance
shall take effect 30 days after passage and adoption.
,.- Ordinance No.
Page 3
SECTION 4. The City Council hereby directs that the City
Clerk: (1) shall certify the passage and adoption of this
ordinance, (2) shall enter this ordinance in the book of original
ordinances of the City of moorpark, (3) shall make a minute of the
passage and City Council which adopted this ordinance, and (4)
shall within fifteen (15) days after passage and adoption, cause
this ordinance to be published in a manner described by law.
PASSED, APPROVED, and ADOPTED this day of
1992.
ATTEST:
Lillian E. Kellerman
City Clerk
Mayor of the City of Moorpark