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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
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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
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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:
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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
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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.
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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.
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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
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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:
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City Attorney
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....
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
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