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HomeMy WebLinkAboutOrdinances_1597_CCv0001.pdf ORDINANCE NO. 1597 AN ORDINANCE OF THE CITY OF REDLANDS RELATING TO ADVERTISING DISTRI- BUTION, AMENDING THE REDLANDS ORDINANCE CODE AND ORDINANCES No. 788 AND 867 AND RESCINDING ORDINANCE NO. 1404 THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS ; SECTION 1. Title. This ordinance shall be known as the "Peddling, Solicitation, and Distribution of Advertising Ordinance of the City of Redlands. " SECTION 2 . Purt)ase _and Intent. The City Council of . Redlands does hereby find, determine, and declare: (a) That the distribution of commercial advertising material upon residential property without their permission in the city creates widespread litter which is unsightly; inadvertently advertises the absence of occupants of the property to the dissolute or crimi- nal elements of society, thereby .increasing the possibility of crim- inal activity and the resulting police problems to the city, and places an unnecessary burden upon the residents and city to properly dispose of the commercial advertising materials. (b) That door--to-door commercial solicitation of unwilling recipients by salesmen of goods and services jeopardizes the right of residents in this city to enjoy the privacy of their homes and serious public offenses have been committed by purported solicitors . (c) That the practice of distributing, depositing, placing, throwing, scattering, and casting advertising matter in or upon motor vehicles and in or upon the public streets and in public places, except to persons who are willing to receive the same, creates a serious police problem and a threat to the public safety in that such material is permitted to fall, and is thrown upon parking areas, public streets and public places, and is blown about and accumulated as trash and creates fire hazards and unsightly conditions, and re- quires extra expense to remove such trash. (d) That such practices are injurious and inimical to the public health, safety and welfare of residents of this city and such problems are becoming ,increasingly direct and substantial. (e) That such practices are, therefore, declared to be a pub- lic nuisance. (f) That such practices should be prohibited to protect the public health, safety, and general welfare of the residents of the City of Redlands. SECTION 3 , _Distribution of Advertising Materials . it shall be unlawful to pass out, give away, circulate, or^deliver any printed or written handbill, circular, or advertising literature offering to sell or buy any goods, wares, merchandise, or commer- cial services or offering to buy, sell, or list real estate or any real property: (a) in any public place within the city; or (b) into or upon any motor vehicle within the city; or (c) in any yard or grounds or on the doorstep, porch, or vestibule or any residence, dwelling or apa t- ,ent within the city; or (d) upon any vacant lot or other private property within the city; without first, prior to -elivery or distribution, having obtained permission of the cl,,7ne , adult occupant, or other person in control thereof. SECTION 4. Distribution of Literature Materials to Unwilling Rer_i ivnts. it be unlawful to distribut:e, peddle, pass out, give array, or circulate any printed or written: literature of any kind whatsoever within the city when the intended recipient thereof, or the owner, occupant, or resident of any property where such litera- ture is left or intende=d to be left has notified the distributor or disseminator of such material that they do not wish to receive any literature. SECTION 5. Notice to Peddlers, Solicitors, and Distributors. The notice referred to in the preceding section may be given to a distributor or disseminator of printed or written material by an owner, occupant, or resident of property by one or more of the fol- lowing means : (a) By posting the property on or near the front door or main entrance thereof with a sign at least twelve (12) square inches but not larger than twenty (?O) square inches in area stating, in effect, "No handbills, " or words of similar meaning. (b) By written communication to the distributor or dissimminator of such materials.. SECTION 6 . neddlina and Solicitation. It shall be unlawfuruld any n corn^tercially selling, offering for sale, car scl�ic ` g orders on a cds, wares, merchandise or eommercia.�vice; or offering to buy, s or list any real pro or distributing commercial literature of ype des in Section 3 hereof; to go upon, ring the bell or knoc a door of, or attempt to gain admittance to the prem "of any resi `e r dwelling, or apartment within the city-u ss previous to such entry, ranging, or knockings person has been requested or invited by owner or occupant of the premises to be thereupon for such purpo Ordinance No. 1597 �- Page two SECTION 7. Littering Forbidden_. It shall be unlawful to throw, cast or scatter any printed or written material of any type whatso- ever in or onto any public place; into, or upon any automobile, vehicle or conveyance; or in, into or on the yard or- grounds or on the doorstep, porch or vestibule of any residence, apartment or dwell- ing; or upon any vacant lot or other private property within the city. SECTION 8. Distribution of Sample Medicines . it shall be un- lawful for any person within this city to distribute any patent medicine, or any medicinal preparation or compound, or any medicines, drugs, herbs, or samples thereof within this city, except to physi- cians and druggists. SECTION 9. Methods of Distribution. Any° printed or written material which may be passed out, given away, circulated or delivered in the city, pursuant to law, shall be: (a) Placed in the hand of the intended recipient; or (b) Bound, folded or weighted in such a manner that the material cannot be blown away, scattered or fragmented by the action of the elements and/or normal pedestrian or vehicular traffic; or (c) Affixed to the premises for which it is intended by being tied to or slipped over a doorknob or other protrusion. SECTION 10. NewsnaPer.s„Excepted. The foregoing provisions of this ordinance shall not apply to the distribution of folded news- papers of general circulation, as the same are defined in the Govern- ment Code of the State of California. SECTION 11. Refusal to Leave on__R4quest. it shall be unlawful for a peddler or solicitor or person distributing literature of any kind, to refuse to leave any residence, dwelling or apartment or other private property within the city when requested to leave by the owner, occupant, resident or person in control thereof. SECTION 12. Ordinance No. 867 is hereby amended. Ordinance 867, Section 10 :b as codified in the Redlands Ordinance Code, Chap- ter 22, Article 227, Section 2274, is hereby amended to read as follows : "Sec. 2274, IMPROPER DISTRIBUTION. All such handbills, circu- lars, posters, pictures, lithographs, maps, plates, samples or other forms of advertising are to be distributed in accordance with the regulations of the Peddling, Solicitation, and Distribution of Ad- vertising Ordinance of the City of Redlands , ordinance No. 1597. ” SECTION 13 . Ordinance No. 1404 and Section 1, Article 49, of Ordinance No. 788 as codified in the Redlands Ordinance Code, Chap- ter 20, Article 203, are hereby repealed. ordinance No. 1597 Page three SECTION 14. Severability. If any section or sections of the foregoing provisions of this ordinance shall be found to be invalid, all valid sections that are severable from the invalid section or sections shall remain in effect. if a section of this ordinance is invalid in one or more of its applications, the section shall remain in effect in all valid, applications that are severable from the in- valid applications. SECTION 15. Penalties, Any person violating any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable -by a fine of not more than $500.00 or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. SECTION 16. This ordinance shall be in force and take effect as provided by law. SECTION 17, The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and pub- lished in this city. ATTEST: arles G D I jy Cit rk May4jf_o � ity of Re ands APPROVED FOR FORM: �r s/ Edward F. Taylor City Attorney I, Peggy A . Moseley, City Clerk of the City of Redlands , hereby cer- tify that the foregoing ordinance was adopted by the City ' Council of the City of Redlands at a regular meeting thereof held on the 21st day of December, 1976, by the following vote: AYES : Councilmembers Knudsen, Miller, Grace, Elliott; Mayor DeMirjyn NOES : None ABSENT: None CitVpyrk, Cit4r of Re nds Ordinance No. 1597 - Page four