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HomeMy WebLinkAbout0884 ORDINANCE NO. 884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING THE DISSEMINATION OF ADVERTISING MATTER TEE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES DETERMINE AND ORDAIN AS FOLLOWS: SECTION l. That the dissemination of advertising matter, as hereinafter defined, within the City of Arcadia is and for same time has been steadily increasing. That no ordinance of the City of Arcadia presently regulates ade~uately the dissemination of such advertising matter. That the dissemination of advertising matter without regulation has resulted and will continue to result in the littering of both public and private properties in the City of Arcadia with such advertising matter, causing vexation to property . owners and residents not desiring such advertising matter, and causing an increasing and unnecessary burden on citizens and ci ty services in removing the same. That present City Ordinances need amplification to cope with the situation. That the regulations hereinafter imposed are intended to be supplementary to and in addition to any existing regulations or ordinances relating to the subject matter, and shall not be construed to repeal or modify any such regulations or ordinances unless and only to the extent that they may be directly in conflict herewith. . SECTION 2. "Advertising Matter", for the purpos e of this Ordinance, shall mean and include printed handbills, posters, dodgers, booklets, cards in excess of two and one-half (2t) inches by four (4) inches, and any other printed advertising matter describing or calling attention to any product, business, enter- prise, person, firm or corporation for any purpose other than . I - 1 - {k.L ff~ solely for religious or political purposes, but excluding a news- paper. "Disseminate", as used in this Ordinance, shall mean and. include the te~ms, distribute, deposit, hand out, pass out, give out, deliver and t~ow away, as well as causing or permitting any of the foregoing. "Newspaper", for the purpose of this Ordinance, shall nean and be limited to a publication which has been and at the time of its dissemination or distribution is admitted as second class matter under applicable United States Postal regulations, is a newspaper of general circulation under the ]aws of the State of California, and at the time of its dissemination or distribution maintains a bona fide list of paying subscribers at regular published rates. "Personm, as used in this Ordinance, shall mean end include any individual person, firm, association, organization, partnership, business trust, Massachusetts Trust, company and corporation. "Premises", as used in this Ordinance, shall mean end include every house, dwelling, bUilding, structure, enclosure, busi- ness establishment, lot, yard, location, place, alley, parkway, sidewalk, street, public way and every vehicle. "Printed", as used in this Ordinance, shall nean and in- clude the terms, mimeographed, lithographed, hand-written, stereo- typed, typewritten and painted. SECTION 3. It shall be unlawful for any person to dissemi- I nate advertising matter to, at, upon or onto any premises in the City of Arcadia except: (a) In, at or upon a box or receptacle (other than a United States Mail Box) marked with letters at least r one-half inch high "For advertising matter"; or (b) In, at or upon the premises of a tenant in lawful possession thereof who has signed and filed with the person disseminating the advertising matter I - 2 - O<c1 YPf t . . . . a written req~est that such advertising matter be deposited on his premises. All such written requests must be maintained at all times in the office or place of business of the person disseminating such advertising matter, and shall be kept on file for a period of six months after the last dissemination of advertising matter pur- suant to such request. Such written request once made by a tenant in lawful possession of premises ahall remain applicable as to the premises described in such consent until countermanded by the tenant in lawful possession of the same premises. The owner of vacant property shall be deemed to be the tenant in lawful possession of premises for the purposes of this Ordinance. All such written requests shall be available for inspection by any city official of the City of Arcadia during all regular business hours. All advertising matter disseminated in the City of Arcadia shall have printed thereon or affixed in legible form the nane', address and telephone number of the person responsllile for the dis- tribution of such advertising matter, together with a legible notice to the effect that anyone who does not desire to receive suCh advertising matter shall notify the said person responsible for the distribution thereof or the City Clerk, City Hall, City of Arcadia, in writing to that effect. Thereafter the persnn thus notified shall disseminate no such advertising matter to the premises described in such notification. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reaoonheld to be in- valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the re- maining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, am each section, sen- tence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases or por- tions: be declared invalid or unconstitutional. - 3 - OAc1 fry t SECTION 5. Any person violating or paMnitting brresponsi- b1e for the violating of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall . be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City Jail of the City of Arcadia, or in the County Jail of the County of Los Angeles, California, as the committing magistrate may direct, for a period of not more than six (6) months, or by both such fine and imprisonment. Every such par- son continuing, committing or permitting the violation of any pro- visions of this Ordinance shall be deemed guilty of a separate offense for each and every day or portion of any day during which any violation of any provision of this Ordinance is committed or permitted. . SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of Fifteen (15) days from the passage hereof, shall cause the same to be published once in the Arcadia Bulletin, a newspaper of general circulation published end circulated in the City of Arcadia. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 16th day of March , 1954, by the affirmative vote of at least three Councilmen, to-wit: . AYES: Councilmen DOl", Hulse and Kennett NOES: Councilman Nottingham ABSENT: Councilman Schmocker ~~ 1::ity Clerk of the City of Arcadia SIGNED AND APPROVED this 16th day of March , 1954. ATTEST: . ~~~ City Clerk - 4 - CJ~ f'fl