HomeMy WebLinkAboutOrdinance #3084 ORDINANCE NO. 3084,
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8 .36 OF THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING THERETO SECTION 8 .36 .-&�J3G 9,36. 140
RELATING TO DISTRIBUTION OF FLYERS
WHEREAS, the City Council is concerned with the problem of
proliferation of litter and traffic hazards in the city, and
Persons tampering with parked vehicles for the purpose of
leaving leaflets thereon creates both litter and traffic hazards,
NOW, THEREFORE, the City Council of the City of Huntington Beach
does hereby ordain:
SECTION 1 : Chapter 8 .36 of the Huntington Beach Municipal Code
is hereby amended by adding thereto Sections 8.36 . 130 - 8 . 36 . 160 to
read as follows :
§ 8 .36 . 130 Placing Commercial Handbills on Vehicles .
No person shall affix to any vehicle, or cause to be affixed to
any vehicle, any notice, paper, placard, bill, poster, card,
sticker, banner, sign, advertisement, or other device designed to
attract the attention of the public for the purpose of advertising
any merchandise, commodity, property, business, service, act or
skill offered, sold or rendered for hire, reward, price, trade or
profit.
§ 8 .36 . 140 Distribution on Uninhabited or Vacant Private Premises .
It is unlawful for any person to distribute, deposit, place,
throw, scatter or cast any handbill in or upon any private premises
which are temporarily or continuously uninhabited or vacant.
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8 . 36 . 150 Manger of Distribution.
No person shall distribute in or upon any private property any
advertising matter except in the following manner:
(a) By placing the same in a receptacle, clip, or other device
designed or intended to receive advertising matter, when
such receptacle, clip, or other device has been erected in
a conspicuous place near the front door or front entrance
or near the mailbox of any private property; or
(b) If no such receptacle, clip, or other device has been
erected as provided in this section, then by handing the
advertising matter to an occupant of the property, or
placing the same upon the porch or vestibule of a house or
building on the private property, provided that, in the
latter case, the advertising matter is wrapped, tied,
folded, or otherwise so prepared or placed that it will not
be blown loose by the winds and provided that a previous
days distribution of advertising matter has been removed.
§ 8 ,36 . 160 City Abgtement - Handbills & Flyers .
The City Administrator, through his designee, may remove or
cause the removal of and properly discard any handbill placed in a
manner prohibited by this Section. The person responsible for the
distribution of any such handbill shall be liable to the City for
the cost of removal thereof, in addition to any other penalty
provided for by law.
8 .36 . 170 Pressmptions .
in any civil or criminal action filed against any person for
violation of this Chapter, proof that the handbill in question
contains the name of or otherwise identifies such person or such
person' s principal, agents, representative or employer shall
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3084
constitute a rebuttable presumption that the person so named or
identified caused such handbill to be distributed in the location
from which it was removed .
SECTION 2 : This ordinance shall take effect 30 days after its
passage.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 19th day
of November 1990 .
Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
� f
*Civyministrator Direct r of C mmun ty Development
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3084
Ord. No- 3084
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Cleric of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 5th day of November
19 90 , and was again read to said City Council at a regular
meeting therof held on the 19th day of November 1990 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell , Green, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Mays
1, Connie Brockway CITY CLERK of the City of
Huntit on Beach and ex-offiao Gerk of the City
Council,do hereby cerfi€y that a synopsis of this
ueen ri,bhhed in the Daily Pilot on City C erk and ex-offi ci o Clerk
f .t9 of the City Council of the City
In ""�:cterof said City. of Huntington Beach, California
City Clerk
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