HomeMy WebLinkAbout1989-03-28 - ORDINANCES - HANDBILL DISTRIBUTION (2)ORDINANCE NO. 89- 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE MUNICIPAL CODE TO ADD PART 8
OF CHAPTER 13.38 OF TITLE 13 OF THE SANTA
CLARITA MUNICIPAL CODE TO REGULATE THE
DISTRIBUTION OF COMMERCIAL HANDBILLS ON
PUBLIC PROPERTY, RESIDENTIAL PROPERTY AND
VEHICLES.
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES
ORDAIN AS FOLLOWS:
Part 8 of Chapter 13.38 of Title 13, of the Santa
Clarita Municipal Code is hereby added to read as follows:
Part 8. Handbill Distribution.
Section 13.38.220. 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.
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Section 13.38.230. DistributiRe ulations. The
following regulations shall apply to thone distribution and
circulation of commercial handbills within the City:
(a) Name of Distributor. No persons shall circu-
late or distribute, or cause to be circulated or distrib-
uted, 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 premises;
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, or
upon any such vehicle parked upon any private property; 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 residential 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)
distribute or
distributed,
8:00 P.M. of
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Hours of Distribution. No person shall
circulate, or cause to be circulated or
any commercial handbill between the hours of
any day and 8:00 a.m. of the following day.
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Section 13.38.240. Violation -Penalty. Any person,
firm, or corporation violating any of the provisions of this
Part 8 of Chapter 13.38 is guilty or an infraction, which is
punishable by:
violation; A. A fine not exceeding $50.00 for a first
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.
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.
1989. PASSED AND APPROVED this 28thday of March ,
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
IG orge rar-vaj hn City Clerk of the City of
Santa Clarita, do hereby certify that the foregoing
Ordinance N0.89- 9 was regularly introduced and placed
upon its first reading at a regular meeting of the City
Council on the 14th day of March , 19 89. That
thereafter, said Ordinance was duly adopted and passed at a
regular meeting of the City Council on the 28th day of
March , 19 89, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boyer, Darcy, Koontz, McKeon, Heidt
NOES: COUNCILMEMBERS: None
ABSENT: COUNT
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