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(a) Findings. The Board hereby finds and declares that the City has a compelling need to prohibit the distribution of Handbills on private premises where the occupant has expressed his or her unwillingness to receive such Handbills. Prohibiting distributions of Handbills in defiance of an occupant's expressed desire not to receive them strikes an appropriate accommodation between the rights of distributors to solicit willing listeners with the rights of occupants to object to receive the material.
This Ordinance is also aimed at decreasing the adverse effects of the distribution of unsolicited Hand-bills on private premises. The prohibition against delivering Handbills contrary to the expressed desire of the occupant and the requirement that Handbills be folded or otherwise attached to the outside of a premises will decrease the amount of litter created by Handbills.
(b) Prohibition When "No Handbills" Sign Posted. It shall be unlawful for any Person to distribute, cause to be distributed, or suffer, allow or permit the distribution of any Handbill to or upon any private premises in the City by placing or causing any such Handbill to be deposited or placed in or upon any porch, yard, steps, hallway, or mailbox located on, or used in connection with such premises when such premises has posted thereon in a conspicuous place, a notice or notices of at least eight square inches in area bearing the words "No Handbills" or the like, unless such Person has first received the written permission of the occupant of such premises authorizing the Person so to distribute.
(c) Distributed Matter To Be Folded. It shall be unlawful for any Person to distribute, cause to be distributed, or suffer, allow or permit the distribution of any Handbill to or upon any private premises in the City by placing or causing any such Handbill to be deposited or placed in or upon any porch, yard, steps, hallway, or mailbox located on, or used in connection with such premises unless the same is folded or otherwise so prepared or placed that it will not be blown therefrom by the winds.
(Added by Ord. 116-99, File No. 982076, App. 5/14/99; amended by Ord. 53-05, File No. 041308, App. 4/1/2005)
The provisions of this Article shall not apply to: (1) the distribution and delivery of any Newspaper, or (2) any distribution or delivery made by a duly authorized public officer or employee of or contractor acting with the authority of the City, the State of California, or the United States acting to promote the purpose of the contract.
(Added as Sec. 184.72 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.71 added by Ord. 116-99, File No. 982076, App. 5/14/99; repealed by Ord. 53-05, File No. 041308, App. 4/1/2005)
Any Person who violates any provision of this Article shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not more than $250.
(Added as Sec. 184.73 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.72 added by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered as Sec. 184.71 by Ord. 53-05, File No. 041308, App. 4/1/2005)
The Director shall investigate, or cause to be investigated, all complaints made to the Department regarding the violation of any of the provisions of this Article and take such actions regarding any violation as is provided therein.
In undertaking enforcement of this Article, the City, including, but not limited to, the Department, is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any Person who claims that such breach proximately caused injury. The obligations this Article imposes on City officials are intended to be directive only. The provisions of this Article shall not be invalidated to the extent City officials do not comply with any obligation imposed herein.
(Added as Sec. 184.74 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.73 added by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered as Sec. 184.72 by Ord. 53-05, File No. 041308, App. 4/1/2005)
The Director shall publish a copy of this Article once in one or more newspapers of general circulation, post a copy of the Article on or near the front door of the Chamber of Commerce and on a bulletin board in or adjacent to the City Hall for a period of 90 calendar days after its passage, and prominently provide notice of this Article in any material made available to the public regarding the City's regulations of Handbills.
The notice requirements of this Section are intended to enhance community awareness of the City's regulations of Handbills. However, the notice requirements shall be given only directive effect. Accordingly, the failure of the Director to provide the notice required by this Section shall not be a defense in any criminal proceeding or civil action brought to enforce the provisions of this Article nor shall such failure relieve any Person of criminal or civil liability for Handbill distributions that violate this Article.
(Added as Sec. 184.75 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.74 added by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered Sec. 184.73 by Ord. 53-05, File No. 041308, App. 4/1/2005)
The Director is empowered to adopt rules, regulations, and interpretations of this Ordinance as he or she may deem necessary and proper to interpret and administer the provisions of this Article provided that the rules, regulations, and interpretations shall not be inconsistent with any of the provisions of this Article.
(Added as Sec. 184.76 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.75 added by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered as Sec. 184.74 by Ord. 53-05, File No. 041308, App. 4/1/2005)
If any of the provisions of this Article or the application thereof to any Person or circumstance is held invalid, the remainder of this Article, including the application of such part or provisions to Persons or circumstances other than those to which it is held invalid, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable.
(Added as Sec. 184.77 by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered by Ord. 53-05, File No. 041308, App. 4/1/2005)
(Former Sec. 184.76 added by Ord. 116-99, File No. 982076, App. 5/14/99; renumbered as Sec. 184.75 by Ord. 53-05, File No. 041308, App. 4/1/2005)
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