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HomeMy WebLinkAbout1987 - Amending Redding Municipal Code Chapter 6.36 Pertaining to Handbills ORDINANCE NO. 1987 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING REDDING MUNICIPAL CODE CHAPTER 6.36 PERTAINING TO HANDBILLS, BY AMENDING SECTIONS 6.36.020, 6.36.040, AND 6.36.050, AND ADDING SECTIONS 6.36.110, 6.36.120, 6.36.130, 6.36.140, 6.36.150, AND 6.36.160. The City Council of the City of Redding does hereby ordain as follows: Section 1. That Redding Municipal Code Chapter 6 . 36, Handbills, be amended as follows: I . BY REPEALING THE FIRST PARAGRAPH OF SECTION 6. 36 .020 A, DEFINITIONS, AND ADDING THE FOLLOWING: 6.36.020 Definitions. A. "Commercial handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature which has for its principal purpose one or more of the following: [subparagraphs Al through A5 remain as set forth in the Code] . II . BY REPEALING SECTION 6. 36. 040 , DISTRIBUTION OF COMMERCIAL HANDBILLS UPON PUBLIC PROPERTY, AND ADDING THE FOLLOWING: 6.36.040 Distribution of Commercial Handbills Upon Public Property. No person shall throw, cast, distribute, scatter, deposit, or place upon any public property within the City any commercial handbill. 411III . BY REPEALING SECTION 6 . 36 . 050, DISTRIBUTION OF COMMERCIAL HANDBILLS UPON PRIVATE PROPERTY, AND ADDING THE FOLLOWING: 6.36.050 Distribution of Commercial Handbills Upon Private Property. No person shall throw, cast, distribute, scatter, deposit, or place upon any private property within the. City any commercial handbill, without obtaining a license to do so. IV. BY ADDING THE FOLLOWING NEW SECTIONS: 6.36.110 License--Required. Any person, business, organization, or other type of entity desiring to engage in the distribution of commercial handbills must obtain a license to do so prior to any distribution being made. The cost for such license shall be the same as the cost for a solicitor' s or peddler' s license. 6.36.120 License--Information. In making application for a license, the applicant shall supply the following information: 1. Name, street address, mailing address, and telephone number of applicant; 2. Names, street addresses, mailing addresses, and telephone numbers of employees or others who will distribute handbills if other than applicant; 3. Description of the handbill to be distributed; 4. Frequency and area of distribution; 5. Name, street address, mailing address, and telephone number of person to be contacted regarding complaints, if other than applicant. 6.36.130 Time of Distribution. Commercialhandbills shall be distributed on private property only between sunrise and sunset. Handbills so distributed and not removed by the occupant of the private property shall be retrieved by the distributor of the handbills no later than four days after the day on which distribution occurred. 2 , • 111 6.36.140 Manner of Distribution. Commercial handbills shall be distributed in a manner which will result in them being unable to be dislodged except by the recipient from the location in which they are placed. Such location shall as well be such that the occupant is likely to observe the item distributed. 6.36.150 Security. At the time of each distribution. or on an annual basis, a distributor shall file with the City Clerk security in the form of a bond or other security equivalent to cash in the minimum amount of $250.00. This security shall be held to ensure proper distribution and retrieval of commercial handbills. Failure on the part of a distributor to retrieve commercial handbills shall cause the City to retrieve handbills. The expenses associated with retrieval by the City shall be deducted from the deposited security. The minimum amount of security may be increased by up to 100% or by an amount equal to the previous year' s draw on the minimum security by the City based upon the retrieval history of the licensee. 6.36.160 Non-Distribution Notice. Each distributor shall provide a postage prepaid form with their distribution that a recipient may return to the distributor which will indicate to the distributor that future distributions are not to be made. Distributions which are monthly or more frequent shall only need to provide such a notice with their distribution on a quarterly-calendar basis in March, June, September, and December of each year. Section 2. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of Redding on the 21st day of January, 1992 , and was duly read and 3 • 410 411 adopted on the 4th day of February , 1992, at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding A'l l'!N : �Y CONNIE STROHMAYER, cidy Clerk F1 . ,dor. •PROVED: Q *ALL A. HAYS, Cit Attorney 4 • In the Superior Court of the State of California in and for the County of Shasta CERTIFICATE OF PUBLICATION • No. ORDINANCE N0. 1987 Wednesday, February 12, 1992 ORDINANCE AMENDING REDDINGMUNICIPAL CODE CHAPTER 6.36 • 'PUBLIC-'NOTICE, - f UBLIC:NOTICE s ORDINANCE NO 1987.. PERTAINING TO HANDBILLS •AN ORDINANCE'OF T.HE CITY,COUNCIL OF THECITY.OF,: REDDING AMENDING"'"MUNICIPAL CODE: CHAPTER 6.36' ' PERTAINING T,OHANDBILLS,''-BY AMENDING•SECTIONS 6:36.020,'6.36.040,,AND 6:36.050,'AND ADDING SECTIONS,6.36.100, •6:36:110,636120,"6'36 140;and 6.36.150." ,• The City Council of thelCity•of Redding does'.hereby ordain as follows: •:..• Section 1 That'Redding`Municipal Code Chapter.6:36,•Hand- (AtI bin ;beamEPEAL'NG1TM ' . f-,BY.REPEALINGLTNE FIRST"PARAGRAPH OF SECTION. COUNTY OF SHASTA }55. 636.020A;DEFINITIONS ANDADDING.THEFOLLOWING. . 6.36.020 Definitions - A.'"Commercial Handbill means and includes any printed•or., written1,;'matter,,any'sample or device) dodger' circular, leaflet,.pamphlet,,*,paper;booklet, or any other printed or herebyI certifythat the Record Searchlight is a otherwise reproduced original or copies of any•matter or g literature which'has'for its:Principal purpose one or-more. newspaper Of general circulation within the provisions of the following:neodel.,. .graphs'Al through;AS remain'as, set forth in the.Code) � II.''BY..REPEALING, :SECTION.6.36040, DISTRIBUTION OF. of the Government Code of the State of California, COMMERCIAL .HANDBILLS`UPON PUBLIC PROPERTY,' AND ADDING.THE FOLLOWING: "" printed and published in the City of Redding, County 6.36.040 Distribution,butiom of Commercial•Handbills • • Upon.Public' Property: • No person•shall throw,,cast,distribute,scatter',,deposit,or Place,upon,any public.,property,within,the;City Aany Cummer= of Shasta, State of California; that I am the principal ciarhandbill:• ' Ill'.'BY.REPEALING SECTION' 6.36.050, DISTRIBUTION OF clerk of the printer of said newspaper; that the notice COMMERCIAL HANDBILLS UPON PRIVATE,PROPERTY;;. AND ADDING.THE FOLLOWING: 6.36.050'Distribution of,Commercial Handbills Upon Private• of which the annexed clipping is a true printed copy No person snau>Throw,'cast;distribute,,scatter,deposit, or, Place uponwas published in said ne-vspaper on the following fPa, cial ha dbilll,,without obtaining a'license,private property' ithintto dohe so.and'com.Cit ' . IV.BY ADDING:THE FOLLOWING NEW SECT,IONS:1 6.36.100 License--Required • dates,to wit: Anv person jbusiness $rganization or other type of'entity 'desiring to engagelin,the.distribution of corrimerical handbills, • must obtain.a,licen_ se`to do;so prior,to any:distribution tieing: made.•Tlrecost-for-such<license shall be the Kane-cis the cost FEBRUARY 12 1992 for a solicitors'or'peddler.'s license: 6'.36.110 License Information) In-making,%applicationrfor,a•license, the applicant shall, supply the.following',information: . •Name,street'addressitmdiling address,,and telephone number .of applicant;W• ...,:, I ,,.. • . " . 2. Names,streetIaddresses mailing addresses and telephone "numbers- of employees or others who will. distribute I certifyunder penaltyof perjurythat the foregoing handbills'.if othiritlfon epblicant 9 9 3:Description of the handbill to be distributed ' "•4:Frequency andiarea of distribution. •5.. Name, 'street;-address; mailing address, and,'telephone is true and correct, at Redding, California on theriumber Of•person'to be'Contacted regarding complaints,if, "'• other'than applicant • • . 6:36.120 Time•of Distribution. ; • Commercial handbills shall :be distributed on private.} 12th dayof FEBRUARY property'only between sunrise and sunset Handbills so distributed:and notremoved.bv the occupant of the private 'I • .'propety.shall be..retrieved.tbv the distributor of the'handbills '9 9 2 .no"laterthan four'days"after the day on,which distribution occurred: • r,� ' 6.36.130 Manner of Distribution. , ' 'Corrimercialr'handbills shall be distributed in a.manner which* • • will result in'them being,unable to be dislodged..except by the' ,recipient'from the`jlocation in'which they are'placed.'such • location shall';as1,well be such that the occupant is.likely to '`observe the,item distributed. • 4 6.36.140 Security. '/" c ••At t the Time of,eachh distribution or On an annual basisi a distributor shall file with the City Clerk security in the form of Signature a bond or other security'equivalent to.cash,in the minimum amount:of$250.00dThis security shall.be held to,ensure proper , rdistribution and..retrie'val:of commercial handbills.'Failure on the part of t'a::distributor to retrieve commericial'handbills i -shall causer"the;.;City";to'retrieve. handbills. The expenses associated with retrieval by the:City shall be'deducted,from., • -the depositedsecurity:,The minimum amount of security may be Increased by*up•`to 100%.or by an amountequal'to the' previous years':draw ontthe minimum security by the City . RECORD SEARCHLIGHT - -.based upon'the retrieval history.of the licensee 6:36.150 Non-.DistributiontNotice. .. Each distributor shall'provide a postage prepaid form with • 1101 Twin View Blvd., Redding, California 96003 their distribution'that a recipient may,return to the distributor • ..wflich will indicate.to-the distributor that future.distributions' ii 'aausao ..aA"nictrlbutions_which are monthly or more . uowwoa 10-OSL•SLC co "-n..notice with their 1�'say6nH LO-OL{°SPL :. b6 _-- 'l•.'sa 6nH OL-ObL-SLL, E6 SE-099-990 s _ Na121 • • Ai4aw,loj a Gl I I b SE-OLP-b L l l6 _++ upr'pIo OSOhbLOI" 68 a: —. I PD4SWO LO-Odb-LOL r...8g I 'Plo4aw a` 'L0-OPE-660 ..S8 �� '6ulaapid •_.LO OBE-B60 h8• �'0 l .y aj.auoaE :-CL-OCL:860 L8.