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Home My WebLink About7/31/2002 - STAFF REPORTS (13) 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 munber 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 The following Sections and Subsections of the Palm Springs Municipal Code are hereby repealed in their entirety: Section 5 20 060 Distribution on uninhabited or vacant private premises of commercial or non-commercial handbills.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 Commercial 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#18276 v4 -1- 13;5 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 N 18276 0 _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 stricture, 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. av 118276 v4 3_ is \ >3 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 properlyposted. 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 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. 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 Ixv aisz76 vn 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#18276 v4