HomeMy WebLinkAboutOrdinances 1985 08/07/1995. ~ ~
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SEP ~ 19~~
O~DINANCE NO.
Introduced by
Matt Maguire
Seconded by
Jane Hamilton
AN ORI)INANCE OF T~E COI7NCIL O~' T~E CIT'X OF PE'I'I'AI,UlVIA
~PEALING SECTION 18.04.010; AlVIENI9ING SECT'IONS
18.04.020, 18.04.030 AND 18.04.040; AND ADDING SEC'I'ION
18.04.080 O~ ~'FIE PETAI..iT1VIA 1VV~UNICIPAI, CODE ~LATING
~'O DIST12~jTTION OF P~NT'EI) 1VIATE~AI.OR W~ti'I'~NGS
ON PRIVA'I'E PROPEit'd'Y AND ON P~J~~.IC PROPEl2~`I'
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUNIA AS
29 FOLLOWS:
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31 Section 1. Section 18.04.010 of the Petaluma Municipal Code is hereby repealed.
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33 Section 2. Section 18.04.040 of the Petaluma Municipal Code is hereby amended to read
34 as follows:
35
36 18.04.010 Prohibited Distribution of Printed Material or
37 Writings on Private Property Contrary to Notice.
38 It is unlawful for any person to throw, cast, scatter, deposit,
39 affix, attach, place, paint, post, stick, stamp, or otherwise distribute
40 printed material or writings of any kind, including newspapers, in or
1985 N.C.S.
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Ord. 1985 NCS ~ ~
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1 upon any fence, or other structure or fixture, lawn, mailbox, or
2 other place upon private property after the owner or occupant of
3 such private property has given notice to the distributor of such
4 material that such distribution is prohibited.
5 Notice of the prohibited distribution of such printed material
6 or writings may be given by the owner or occupant of the private
7 property, by personal request to the distributor, by written notice
8 personally delivered or mailed to the distributor, or by posting a
9 notice bearing the words "No Trespassing," "No Handbills," "No
10 Printed Material," "No Solicitors" or substantially similar words, in
11 a conspicuous place on the property where it can be easily read by a
12 person of normal visual acuity from the street adjoining the front
13 entrance to the property.
14
15 Section 3. Section 18.04.020 of the Petaluma Municipal Code is amended to read as
16 follows:
17
18 18.04.020 Prohibited Distribution of Printecf 1VIaterial or
19 Writings on Private Property, Where Material Not Secured.
20 Notwithstanding Section 18.04.010, it is unlawful for any
21 person to tt~row, cast, scatter, deposit, affix, attach, place, post,
22 stick, or otherwise distribute printed material or writings of any
23 kind, including newspapers, in or upon any structure, lawn,
24 mailbox, or other place upon private property without securing,
25 weighting down, or otherwise preventing such printed material or
26 writings from being blown or drifted about such private property or
27 upon adjacent property.
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29 Section 4. Section 18.04.030 of the Petaluma Municipal Code is amended to read as
30 follows:
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Ord. 1985 NCS
1 18.04.030 Prohibited ~Distribution of Printed 1Vlaterial or
2 Writings on Public Property.
3 No person shall throw, cast, scatter, deposit, affix, attach,
4 place, paint, post, stick, stamp, or otherwise distribute printed
5 material or writings of any kind in or upon any public sidewalk or
6 curb, public street, or any other public building, public place, or
7 public property, or in or upon any lamppost, pole, traffic sign,
8 fence, or other structure or fixture, or tree or shrub, located in or
9 on any public property, or in or upon any vehicle parked on a public
10 street or in any public parking lot; provided, that it shall not be
11 unlawful to hand out such material to any person who is willing to
12 accept it, and it shall not be unlawful to leave such material in any
13 public place that is~designated by the City as a place permitted for
14 such distribution.
15
16 Section 5. Section 18.04.080 is hereby added to the Petaluma Municipal Code and shall
17 read as follows:
18
19 18.04.080 ~xemptions.
20 The provision of Section 18.04.010, 18.04.020, and
21 18.04.030 shall not apply to:
22 A. The distribution of United States mail, telegrams, or other
23 printed materials, or writings, pursuant to any state or
24 federal law which preempts local regulations.
25 B. The posting of any legally required official notices by any
26 public agency or officer, including notices by City of
27 Petaluma Planning Department, Building Division, Police
28 llepartment, Fire Department, or other City of Petaluma
29 official.
30 C. The distribution of any materials for which owner or
31 occupant has subscribed or given prior approval.
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, Ord. 1985 NCS
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Section 6. If any section, subsection, sentence, clause or phrase or word of this ordinance
is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of the
City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional.
Section 7. The City Clerk is hereby directed to ~~/post this ordinance for the period
and in the manner required by the City Charter.
INTRQDUCED and ordered posted this 17th day of Jul~ , 1995.
ADOPTED this 7th day of Au~ust , 1995 by the following yote:
AYES: Stompe, Maguire, Read, Vice Mayor Shea, Mayor Hilligoss
NOES: None
ABSENT: Hamilton, Barlas
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ATTEST:
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City Clerk
winword\ord
7/17/95 (fmk)
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Ord. 1985 NCS
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