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HomeMy WebLinkAbout2138 \ ORDINANCE NO. 2138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VI, CHAPTER 4, PART 2, DIVISION 1 OF THE ARCADIA MUNICIPAL CODE REGARDING THE DISTRIBUTION OF WRITTEN MATERIALS WITHIN THE CITY OF ARCADIA WHEREAS, the City of Arcadia, consistent with First Amendment principles, wishes to regulate the distribution of written materials to deal precisely with the problem of littering and public safety, rather than broadly curtailing predominant means of direct person-to-person and house-to-house distribution of written materials; and WHEREAS, the City may enact content-neutral time, place and manner regulations in order to serve substantial governmental interests that do not unreasonably limit alternative avenues of communication; and WHEREAS, the problem of accumulating litter constitutes a major concern for many municipalities, including the City of Arcadia; and WHEREAS, the goal of reducing litter and thereby promoting an aesthetically pleasing environment within the City is a legitimate, urgent, and substantial governmental objective; and WHERAS, the City has a legitimate interest in preventing criminal activities which may result from unsolicited written materials accumulating at unoccupied residences and businesses; and 2138 WHERAS, the City has a legitimate interest in reducing the amount of written materials which are unnecessarily prepared and printed, only to be thrown away, thereby consuming scarce natural resources and unnecessarily increasing the volume of refuse which will ultimately occupy an increasingly limited number of landfills; and WHEREAS, many areas and forums other than residences and businesses currently exist within the City for distribution of written materials and the contents thereof, including the subscription newspapers and, increasingly, the internet; and WHEREAS, the City has a legitimate interest in protecting individuals' privacy by preventing material which they do not desire forced upon them; and WHEREAS, all of these goals may properly be served by a narrowly drawn and less restrictive regulation which prohibits a distributor from delivering written ,material to an occupant of private property who has previously expressed an objection to such distribution; and WHEREAS, the California Supreme Court, in Van Nuys Pub. Co. v. City of Thousand Oaks, (1971) 5 Ca1.3d 817, 828, recognized that an occupant of private property may express his or her objection to distribution of written material in a variety of ways, including, but not limited to, posting a sign on his or her property Or writing or telephoning the disseminator to instruct him or her to discontinue delivery; and 2138 2 WHEREAS, the Van Nuvs court recognized that the choice of such method of refusal remains with each municipality; and WHEREAS, placing the initial burden of preventing unwanted written materials on the occupant of private property, instead of the distributor, will not impair First Amendment rights; and WHEREAS, the City may properly punish those who call at a location in defiance of the previously expressed will of the occupant; and WHEREAS, this ordinance is intended to remove involvement of the City in any determination as to the content or nature of the written materials subject to this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION I. Division I of Part 2 of Chapter 4 of Article VI of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "DIVISION 1. REGULATION OF WRITTEN MATERIALS 6421. DEFINITIONS. For the purpose of this Division, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply: 2138 3 , A. "City Clerk" means the City Clerk of the City of Arcadia, or the authorized designee thereof. B. "Distribute" means the act of throwing, casting, or scattering, or causing the same to be done. C. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind. D. "Refusal Register" means the most recent edition of the unsolicited written material refusal register maintained by the City Clerk in accordance with this Division. E. "Unsolicited Written Material" means Written Material that is Distributed to a business or residence in the absence of a subscription agreement. F. "Written Material" means any handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet or other printed matter. 6421.1. A. REFUSAL REGISTER. The City Clerk shall maintain a list of those businesses and residences whose occupants have submitted a written expression of their unwillingness to receive Unsolicited Written Material. Such list shall be known formally as the "Refusal Register." Occupants listed on the Register as not willing to receive Unsolicited Written Material may specify whether they wish to receive no Unsolicited Written Material at all, or may specify from whom they do or do not 2138 4 wish to receive Unsolicited Written Material. Occupants may also include the name or names of minors under the care and custody of such occupants \ at the particular residence. B. The City Clerk shall update the Refusal Register on a quarterly basis throughout the year. The City Clerk shall remove any occupant or any minor under the occupant's care and custody at a particular residence from the Refusal Register upon the request of such occupant. C. The City Clerk shall provide a free copy of the Refusal Register to any Person so requesting. 6421.2 REGULATIONS GOVERNING DISTRIBUTION. It is unlawful for any Person to Distribute Unsolicited Written Material in violation ofthe following regulations: A. Unsolicited Written Material shall not be Distributed to any business or residence that is listed on the most recently updated Refusal Register as one who does not wish to receive Written Materials from the Person attempting to so Distribute. B. Unsolicited Written Material shall not be Distributed to any business or residence that contains a "no solicitation" sign conspicuously posted on, or near, the entrance or front door of the business or residence. 2138 5 C. Unsolicited Written Material shall not be Distributed by any Person to any business or residence that contains unremoved Unsolicited Written Material of the same Person where such Unsolicited Written Material is reasonably visible from the public right-of-way. D. Unsolicited Written Material shall not be distributed to any business or residence at any location other than at the doorknob or doorstep of such premises. E. All Unsolicited Written Material shall have printed thereon, or affixed in legible form, the name, address and telephone number of the Person responsible for the distribution of the Unsolicited Written Material, together with a legible notice informing the recipient that anyone who does not desire to receive such Unsolicited Advertising Material may so notify the Person responsible for the distribution thereof or the City Clerk in writing. F. Upon receipt of a notice pursuant to subdivision (E) hereof, the Person responsible for Distribution of any Unsolicited Written Material shall not Distribute any further Unsolicited Written Material in contravention of such notice. G. It is unlawful for any Person to Distribute Unsolicited Written Material unless he or she has, upon his or her person, a copy of the most recently updated copy of the Refusal Register, or the information contained in the most recently updated Refusal Register. 2138 6 H. The provisions of this chapter shall not apply to the following: I. The distribution of United States mail, telegrams or other matter preempted by state or federal law; or 2. The posting or leaving of legally required notices; or 3. Distribution of any notices or other written material by persons employed by or acting at the behest of the City of Arcadia, the State of California or the Federal government; or 4. Any Written Material which the occupant or owner has expressly requested in writing. I. All Unsolicited Written Material that is Distributed in violation 9fthis Division IS designated as litter and a nuisance pursuant to Government Code section 38771. 1. Any person violating any provision of this Division, or failing to comply with any of its requirements, shall be deemed guilty of either a misdemeanor or an infraction, punishable pursuant to Section 1200 of the Arcadia Municipal Code." SECTION 2. The provisions of this ordinance are severable. If any provisions of this ordinance or its application to any person or circumstances is held to be invalid, that invalidity shall not affect other provisions or application of this ordinance which can be given effect without the invalid provision or 2138 7 application. SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This ordinance shall take effect thirty (30) days after its enactment, in accordance with the provisions of California law. Passed, approved and adopted this 21st day of November ,2000. ATTEST: , ' ~J~~ . Clerk \ APPROVED AS TO FORM: ~e/~ City Attorney 2138 8 :f .... STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk ofthe City of Arcadia, hereby certifies that the foregoing Ordinance No. 2138 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of November, 2000 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmember Chandler, Chang, Marshall, Segal and Kovacic NOES: None ABSENT: None )v Clerk of the 9 2138