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Home My WebLink About8/7/2002 - STAFF REPORTS (9) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING SECTIONS 5.20.060, 5.20.090, 5,20.100, 5.20.110, 5.20.120, 5,20.130, 5.20.140, 5.20.150 AND 5.20,160, AND AMENDING SECTIONS 5.20.010, 5.20.020, 5.20.030, 5.20.040, 5.20.050, 5.20.070 AND 5.20.080 OF THE PALM SPRINGS MUNICIPAL CODE, REGULATING LITTERING WHEREAS, the City has regulated the distribution of handbills through Chapter 5.20 of the Municipal Code, which has codified prior ordinances, including Ordinance number 95, as originally published in 1941; WHEREAS, the City has a continued and ongoing interest in protecting the people against the health and safety menace and the expense and visual blight incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of handbills, and the posting of handbills on the public infrastructure; WHEREAS, the City has a continued and ongoing interest in protecting local residents against trespassing by solicitors, canvassers, or handbill distributors, upon private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons, or do not desire to receive handbills or advertising matter; and WHEREAS, the City has elected not to partake in the time, burden and expense of enforcing its commercial licensing provisions contained within Chapter 5.20 of the Municipal Code given the benefits therefrom. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN as follows: SECTION 1. The following Sections and Subsections of the Palm Springs Municipal Code are hereby repealed in their entirety: Section 5.20.060 Distribution on uninhabited or vacant private premises of commercial or non-commercial handbills. Section 5.20.090 Distributors—License fee. Section 5.20.100 Cormnercial handbill license procedure. Section 5.20.110 Action of chief of police. Section 5.20 120 Issuance of permit — Definition of area for distribution of commercial handbills to pedestrians. IRV 918276 v4 -1_ fA Section 5.20.130 Permit fee. Section 5.20.140 Revocation of license. Section 5.20.150 Licenses nontransferable. Section 5.20.160 Exceptions. SECTION 2. Section 5.20.010 of the Palm Springs Municipal Code is hereby amended to read as follows: 5.20.010 Purpose. To protect the people against the health and safety menace and the expense and visual blight incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of handbills, and the posting of handbills on the public infrastructure. To protect local residents against trespassing by solicitors, canvassers, or handbill distributors, upon private property of such residents if they have given reasonable notice that they do not wish to be solicited by such persons, or do not desire to receive handbills or advertising matter. SECTION 3. Section 5.20.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 5.20.020 Definitions. The following words, terms and phrases when used in this chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: "Handbill distributor" means and includes any person engaging or engaged in the distribution of handbills, and any person receiving compensation directly or indirectly for the distribution of such handbills; "Handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet, or any other printed or otherwise reproduced original or copies of any matter or literature; "Person" means and includes any person, firm, partnership, association, corporation, company, or organization of any kind; "Private premises" means and includes any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purpose, whether inhabited or temporarily or IRV H 18276 v4 _2_ continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch steps, vestibule, building or other structure; and "Public place" means and includes any and all streets, boulevards, avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings. SECTION 4. Section 5.20.030 of the Palm Springs Municipal Code is hereby amended to read as follows: 5 20 030 Posting notice placard or bill prohibited in certain cases. No person shall post, stick, stamp, paint or otherwise fix, or cause the same to be done by any person, any notice, placard, bill, card, poster advertisement or other paper or device or upon any sidewalk, crosswalk, curb or curbstone, flagstone or any other portion or part of any public way or public place, or any lamp post, electric light, telegraph, telephone or trolley line pole, traffic control device, or railway structure, hydrant, tree or tree-box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct or other public structure or building, or upon any pole, box, or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States, or state and the ordinances of the city. SECTION 5. Section 5.20.040 of the Palm Springs Municipal Code is hereby amended to read as follows: 5 20 040 Throwing handbills broadcast in public places prohibited It is unlawful for any person to leave by depositing, placing, throwing, scattering or casting any handbill in or upon any public place within this City; provided however, that it is not unlawful for any person to hand out or distribute handbills, without charge to the receiver thereof, or in compliance with all applicable Code provisions, including Chapter 3.40 et. seq. SECTION 6. Section 5.20.050 of the Palm Springs Municipal Code is hereby amended to read as follows: Section 5 20 050 Placing handbills in or on vehicles prohibited. No person shall deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle if requested by anyone in possession thereof not to do so, either orally or via a sign on that automobile or other vehicle. s� IRV#18276 v4 -3- rl SECTION 7. Section 5.20.070 of the Palm Springs Municipal Code is hereby amended to read as follows: Section 5.20.070 Distribution prohibited where properly posted. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words "NO TRESPASSING," "NO PEDDLERS OR AGENTS," "NO ADVERTISEMENT" or any similar notice indicting in any mamier that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. SECTION 8. Section 5.20.080 of the Palm Springs Municipal Code is hereby amended to be entitled "Distribution on private premises - Not posted." and amended in its entirety as follows: Section 5.20.080 Distribution on private premises -Not posted. In the case of private premises which are not posted as provided in this chapter, unless requested by any person upon such premises not to do so, a person may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere except that deposit inside of mailboxes is prohibited. SECTION 9. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any 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 Palm Springs hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION 10. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 11. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause the same or a IRV#18276 v4 -4- summary thereof, or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this day of 2002. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED AS TO FORM: IRV 4 18276 v4 �, �i Affidavit of Publication PALM SPRINGS CITY ORDINANCE NO,1616 In Newspaper STATE OF CALIFORNIA AN ORDINANCE OF THE CITV OF PALM SPRINGS,CALI- FORNIA, REPEALING SECTIONS 5.2060, 5.20090, Count of Riverside 5L20.100, 5.20110, 5 20 130. 5 20 140, 5 20 150, AND y 520.160,AND AMENDING SECTIONS 5 20 010, 5.20,020, 5 20 030,5 20.040,5.20 050,5.20 070,AND 5.20.080 OF THE Laura Reyes being first dilly sworn, deposes and PALM SPRINGS MUNICIPAL CODE,REGULATING LTER- IT says: WHEREAS,the City has regulated the distribution of hand- bills through Chapter 5 20 of the Municipal Code,which has codified prior ordinances,including Ordinance number 95,as 1. I alit a citizen Of the United States, a resident originally published in 1941, WHEREAS,The City has a continued and ongoing interest Of the City Of Indio, County Of Riverside-, State of in protecting the people against the health and safety menace California, and Over the e O a f IS ears. and the expense and visual blight incidentt o the littering of the g y streets and public places by the promiscuous and uncontrolled 2. 1 alit the Office & Production Manager of The distribution of handbills, and the posting of handbills on the Public Record, a newspaper of general circulation public WHEREAS, the; g WHEREAS,the City has a continued and ongoing interest printed and published in the City of Palm Springs, In protecting local residents against trespassing y solicitors, canvassers, or handbill distributors, upon private property of COLIIIty Of Riverside, State of California. .Said The such residents if they have given reasonable notice that they Public Record IS a newspaper of general do nor wish to be solicited by such persons,or do not desire to receive handbills or advertising matter;and circulation as that tern] Is defined in Government WHEREAS,the City has elected not to partake in the lime, burden and expense of enforcing its commercial licensing pro- Code section 6000, its Status as such having been visions contained within Chapter 520 of the Municipal Code established by.judicial decree of the Superior Court given the benefits therefrom Ofe the State of California in and for the County of THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CAL- Riverside in Proceeding No. Indio 49271, dated IFORNIA DOES ORDAIN as follows March 31, 1987, entered in Judgment Book No. SECTION 1 The following Sections and Subseclmns of the ]29, page 355 on March 31,t987. Palm Springs Municipal Code are hereby repealed In their" entirely 3. The notice, of which the annexed is a true $ r 520060 Dutirmunom onI bn a a rm l ammo I I - I h tlb II printed Copy was published in the newspaper Oil Sustain 520090 D'slrbwbm-L'censefee the Following publication dates to wit: Scrap 520,00 cammemlal ban db lit d Section 5 20110 Action of chief o1proll August 20, 02 Section 520120 Issuance otoeml-Dellmllonolarealnrd's- itJ_of commercialh rip"Its fo pedeslr aria Section 520130 Permit lee I certify under penal y f perjury that the above is $ r 529140 R of Section 5,20 150 Licenses nontransferable true all correct. Station 5 20 160 Exceol'ans SECTION 2 Section 5 20 010 of the Palm Springs Municipal Code Is hereby amended to read as follows: 52010 Parpose To protect the people against the heallh and safety menace lr Reyes and the expense and visual blight incident to the littering of the Ice & Prod let Il anager streets and public places by the promiscuous and uncontrolled distribution of handbills, and the pealing of handbills on the public infrastructure To protect local residents against trespassing by solicitors, and canvassers,or handbill distributors upon private property of such residents it they have given reasonable notice[hat[hey do not wish to be solicited by such persons,or do not desire to receive handbills or advertising mailer 5 20 020 DitUr t bns. The following words,terms and phrases when used in this chapter have the meanings ascribed to them In [his section except where the context clearly indicates a different meaning: "Handbill distrbutor' means and includes any person engaging or engaged in[he distribution of handbills,and any person receiving compensation directly or edirselly for the de- libation of such handbills; "Handbill"means and Includes any printed or written matter, any sample or device,dodger,circular,leaflet,pamphlel,news- paper,magazine,paper booklet,or any other printed or other- wise reproduced origins or copies of any mailer or literature. '1"Person"means and includes any person,firm,partnership, association,corpora[mn,company,or organization of any kind "Private premises" means and includes any dwelling, house, building, or other structure, designed or used either wholly or In part for private residential purpose,whether mhab- iled or temporarily or continuously uninhabited or vacant,and shall include any yard,grounds,walk driveway,porch steps, vestibule,building or other structure;and Public place"means and Includes any and all streets,boule- vards,avenues,lanes,alleys,or other public ways,and any and all publm parks, squares,spaces, plazas, grounds and buildings. SECTION 4.Section 5.20.030 of the Palm Springs Municipal Code is hereby amended to read as follows 52030 Posl na notceguaril r bill h,b1 d rt ' No Oases person shall post,slick,stamp,pain,or otherwise fix,,or cause the same to be done by any person,any nonce,placard, bill, card, poster advertisement or other paper or device or upon any sidewalk,crosswalk,curb or curbstone,flagstone or any other portion or part of any public way or public place,or any lamp post,electric light,telegraph,telephone or trolley line pole,traffic control device or railway structure,hydrant,tree or free box,or upon the piers,columns,trusses,girders,railings, I of o2 gates or other pads of any public bridge or viaduct or ether pub- lic structure or building,or upon any pole,box,or fixture of the lire alarm or police telegraph system,except such as may be a0lhorized or required by the laws of the United Slates,or state and the ordinances of the city SECTION 5.Section 5,20.040 of the Palm Springs Municipal Code is hereby amended to read as follows. 52040Throwlna handbills broadcesl'n ubis places rlitbit. ad IS is unlawful for any person to leave by depositing,placing, throwing,scattering or casting any handbill In or upon any pub-lc place within this City;provided however,that it Is not unlaw- ful for any person to hand out or distribute handbills,without charge to the receiver[hereof,or In compliance with all applic- able Code provisions,including Chapter 3.40 el.seq. SECTION 6.Section 5.20.050 of the Palm Springs Municipal Code is hereby amended to read as follows: 5 20 50 Eta c nq handb IIs'n or on veh ties orah'b'led No person shall deposit,place,throw,scatter or cast any hand- bill In or upon any automobile or other vehicle if requested by anyone In possession thereof not to do so,either arally or ma a sign on that automobile or other vehicle SECTION].Section 5.2D.070 of the Palm Springs Municipal Code is hereby amended to read as follows: Saidlen 5 20 070 Mtudgludga prohibitedwbgm property soared It is unlawful for any person to distribute, deposit.place, throw,scatter or cast any handbill upon any private premises,it requested by anyone thereon not to do so,or it there Is placed on said premises in a conspicuous position near the entrance thereof,a sign bearing She words"NO TRESPASSING,'"NO PEDDLERS OR AGENTS,' NO ADVERTISEMENT' or any simtlar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed,or to have any such handbills left upon such premises SECTIONS.Section 5.20.080 of She Palm Springs Municipal Code is hereby amended to be entitled"Distribution on private premises-Not Posted."And amended in its entirely as follows Section 5 20000 Distribution on oriv aee p[Sse Nal p sypeQL In the case of private premises which are not posted as pro- vided In this chapter, unless requested by any person upon such premises not to do so,a person may place or deposit any such handbill In or upon such inhabited private premises. If such handbill is so placed or deposited as to secure or prevent such handbill[ram being blown or drifted about such premises or elsewhere except that deposit inside of mailboxes is prohb- tled SECTION 9. If any section, subsection, sentence, clause, phrase,or portion of this Ordinance is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validi- ty of She remaining portions of this Ordinance The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, subsection, sen- tence,clause,phrase,of parlien thereof,Irrespective of the fact that any one or more sections,subsections,sentences,claus- es, phases, or portions thereof may be declared invalid or unconstitutional, SECTION 10 EFFECTIVE DATE, This Ordinance shall be is full force and effect thirty(30)days alter its passage SECTION 11. PUBLICATION The Clly Clerk is hereby ordered and directed to certify to the passage of this Ordinance,and to cause She same or a summary thereof,or a display adveNse- ment,duly prepared according to law,to be published In accor- dance with law ADOPTED this nth day of August 2002 AYES. Councilmembere Hodges, Mills, Oden, Faller- Spurgin and Mayor Hleindiensl NOES: None ABSENT. None ATTEST CITY OF PALM SPRINGS,CALIFORNIA By/s/Patricia A Sanders /s/Wllham G I(landienst City Clerk Mayor Augus[20,2002 DOCUMENT ATTACHED TO: /Pi/n, JIJIiI'9J, ( fy ry Vj��7 E /6-/ NAMES: �Y7 Gil^ol r y�c7l/Ot"' 1Ce Y'�P/� c7//) y S�C'_fi%W S 5, ��, GG � � J J dG�, U � � 7U�/G9C y " J mhit aY)/)�r�C>li��c ��a /�l�yc 5 ,��j,�5� 5, (�,. �JZ�// Y�__/�/ �, �o� / I :i: /:F(q );Il, . �rl:l�9_4 17YA�:(�xY>r�r.��F)r:r (r41':i i- � J '� =2:)f 2