Loading...
HomeMy WebLinkAbout3/20/2002 - STAFF REPORTS (17) DATE: March 20, 2002 TO: City Council FROM: Assistant City Manager SUBJECT: Handbill Ordinance Modifications RECOMMENDATION: It is recommended that City Council introduce for first reading a new Handbill Ordinance. SUMMARY: Recently,the City's Handbill Ordinance has been brought into question, and this proposed action would cause the Ordinance to be modified as prepared by the City Attorney. BACKGROUND: The attached memorandum from the City Attorney's office outlines the proposed changes to the Handbill Ordinance. A copy of the proposed Ordinance is attached for City Council consideration. Allen F. Smoot, Assistant City Manager APPROVED: David H. Ready, City Ma r Attachments: 1. Ordinance 2. Memorandum l D MEMORANDUM TO: Mr. Al Smoot, Assistant City Manager CC: Mr. Dave Aleshire, City Attorney FROM: Mr. Anthony Taylor FILE NO. 04195-0001 DATE: February 20, 2002 RE: Summary of Proposed Amendments to the Handbill Ordinance This Memorandum serves to summarize the proposed amendments to the Handbill Ordinance (Chapter 5.20 et. seq.), which are currently set to be presented before the Council on March 6th. The proposed amendments have removed the commercial handbill licensing provisions and the references thereto from the Ordinance. Staff currently processes a very limited number of these commercial licensing permits, and there is apparently no current enforcement of this permitting requirement. For these reasons, the amendments should have little effect on Staffs day-to-day operations. Outside of these revisions, other sections in Chapter 5.20 have been clarified and revised in light of the aforementioned proposed amendment to the Ordinance. These proposed amendments are summarized sequentially below. 5.20.010 Purpose. This section has been simplified and the subparts within this section have been deleted. The amended section reads as follows: 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. 5.20.020 Definitions. This section has been simplified and certain definitions have been deleted in conformance with the amendments to the Ordinance as a whole. The amended section reads as follows: IRV#19117 vl 1 V�� Mr. Al Smoot February 20, 2002 Page 2 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 continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway,porch steps, vestibule, building or other structure; "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. 5.20.030 Posting notice, placard or bill prohibited in certain cases. This section has been revised by deleting "calculated to attract the attention of the public' from the second sentence of the section. The amended section reads as follows: 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 lamppost, electric light telegraph, telephone or trolley line pole, 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. 5.20.040 Throwing handbills broadcast in public places prohibited. This section has been revised by: (1) deleting "commercial and noncommercial' from the first sentence, (2) deleting "and it is also unlawful for any person to hand out or distribute or sell IRV 919117 v1 -2- / g,7 3 Mr. Al Smoot February 20, 2002 Page 3 any commercial handbill in any public place" from the second sentence; and deleting the two references to "noncommercial" and "as provided in this chapter" from the last sentence of the section. Additional language is also added to this section to ensure that it does not alter or waive other Code provisions, including those regulating business licenses. The amended section reads as follows: It is unlawful for any person to deposit, place, throw, scatter or cast 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. 5.20.050 Placing handbills in or on vehicles prohibited. This section has been revised by removing the reference to "commercial" and by adding "if requested by anyone in possession thereof not to do so, either orally or via a sign on that automobile or other vehicle." The amended section reads as follows: 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. 5.20.060 Distribution on uninhabited or vacant private premises of commercial or noncommercial handbills This section has been deleted in its entirety. 5.20.070 Distribution prohibited where properly posted. This section has been renumbered as 5.20.060 and revised by removing the reference to "commercial or noncommercial' handbills in the first sentence. The word "inhabited" has also been removed from the second line of the first sentence. The amended section reads as follows: 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 ofprivacy disturbed, or to have any such handbills left upon such premises. IRV#19117 v1 -3- 1 14 Mr. Al Smoot February 20, 2002 Page 4 5.20.080 Distribution on [inhabited] private premises -Not posted. This section has been renumbered as 5.20.070 and revised by removing the reference to "inhabited"' from the title of this section, as emphasized in brackets and italics above. The reference to "the aforementioned license provision" has also been deleted from the first sentence. Additionally, the end of the final line of this section has been revised to read "except that deposit inside of mailboxes is prohibited" instead of "except that mailboxes may not be used." The amended section reads as follows: 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 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. Sections 5.20.090 through 5.20.160 (Commercial Handbill Licenses) These sections have been deleted in their entirety. QLv N19117 vl _4_ 5.20.010 — — Chapter 9.20 — — — CU��ENP pltDjN RNcE HANDBILLS Sections: 5.20.010 Purpose. 5.20.020 Definitions. 5.20.030 Posting notice,placard or bill prohibited in certain cases. 5.20.040 Throwing handbills broadcast in public places prohibited. 5.20.050 Placing commercial handbills in or on vehicles prohibited. 5.20.060 Distribution on uninhabited or vacant private premises of commercial or noncommercial handbills. 5.20.070 Distribution prohibited where properly posted. 5.20.080 Distribution on inhabited private premises—Not posted. 5.20.090 Distributors—License,fee. 5.20.100 Commercial handbill license procedure. 5.20.110 Action of chief of police. 5.20.120 Issuance of permit—Definition of area for distribution of commercial handbills to pedestrians. 5.20.130 Permit fee. 5.20.140 Revocation of license. 5.20.150 Licenses nontransferable. 5.20.160 Exemptions. 5.20.010 Purpose. To protect the people from the nuisance of and incident to the promiscuous distribution of handbills and circulars, particularly commercial handbills, as herein defined, with the resulting detriment and danger to public health and safety,the public interest,convenience and necessity requires the regulation thereof,and to that end the purposes of this chapter are specifically declared to be as follows: (1) To protect the people against the unlawful activities or operations of dissolute persons of criminal habits or tendencies,representing themselves as solicitors, canvassers, or handbill solicitors, canvassers, or handbill distributors, together with the names of their employers, and by regulating the business of handbill and advertising distribution through the imposition of reasonable license fees; (2) 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; (3) To protect the people against the health and safety menace and the expense incident to the littering of the streets and public places by the promiscuous and uncontrolled distribution of advertising mattes and commercial hand- bills; (4) To preserve to the people their constitutional right to receive and disseminate information not restricted under the ordinary rules of decency and good morals and public order,by distinguishing between the nuisance created by the promiscuous distribution of advertising and commercial circulars and the right to deliver noncommercial handbills to all who are willing to receive the same, said right being limited solely by the needs of pedestrian and traffic safety. (Prior code§§203.1-203.14) 5.20.020 Definitions. The following words, terms and phrases when used in this chapter have the meanings ascribed to them in this sec- tion except where the context clearly indicates a different meaning: "Commercial handbill" means and includes any printed or written matter, any sample or device, dodger, circular, leaflet,pamphlet,paper,booklet,or any other printed of otherwise reproduced original or copies of any matter or litera- ture: 182 1 SS.4� 5.20.030 (A) Which advertises for sale any merchandise,product,commodity,or thing,or (B) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sales,or (C) Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of de- cency,good morals,public peace,safety and good order;provided that nothing contained in this clause shall be deemed to authorize the holding,giving or taking place of any meeting, theatrical performance,exhibition, or event of any kind, without a license where such license is or may be required by any law of this state, or under any ordinance of this city, or (D) Which, while containing reading matter other than advertising matter, is predominantly and essentially an ad- vertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor; "Handbill distributor" means and includes any person engaging or engaged in the business for hire or gain of dis- tributing commercial or noncommercial handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills; "Newspaper" means and includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States,in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, means and includes any periodical or current magazine regularly published with not less than four issues per year, and sold to the public; "Noncommercial 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 not included in the aforesaid definitions of a sign,or a commercial handbill,or a newspaper; "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 purposes, whether inhabited or temporarily or continuously uninhabited or va- cant,and shall include any yard,grounds,walk,driveway,porch steps,vestibule,building or other structure; "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. Words singular in form may include the plural; any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders. (Prior code§§ 203.2-203.28) 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 calculated to attract the attention of the public, to 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, 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. (Prior code§203.3) 5.20.040 Throwing handbills broadcast in public places prohibited. It is unlawful for any person to deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within this city; and it is also unlawful for any person to hand out or distribute or sell any commercial handbill in any public place; provided however, that it is not unlawful for any person to hand out or dis- 183 5.20.050 tribute, without charge to the receiver thereof,any noncommercial handbill in any public place to any person willing to accept such noncommercial handbill as provided in this chapter. (Prior code§ 203.31) 5.20.050 Placing commercial handbills in or on vehicles prohibited. No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any automobile or other vehicle. (Ord.913 §5 (part), 1971:prior code§ 203.32) 5.20.060 Distribution on uninhabited or vacant private premises of commercial or noncommercial handbills. It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Prior code § 203.33) 5.20.070 Distribution prohibited where properly posted. It is unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any inhabited 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 indicating in any manner that the occu- pants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such hand- bills left upon such premises. (Prior code§203.34) 5.20.080 Distribution on inhabited private premises—Not posted. In the case of inhabited private premises which are not posted as provided in this chapter,the aforesaid licensed per- son, unless requested by any one upon such premises not to do so, 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 mailboxes may not be used.(Prior code § 203.35) 5.20.090 Distributors—License,fee. It is unlawful for any person to engage in the business of handbill distributor for hire,or for any person to distribute commercial or noncommercial handbills, without first complying with the terms of this chapter and all other relevant laws and regulations;provided that nothing contained herein shall apply to any person advertising his business or activ- ity upon his own premises, if such business or activity is regularly established at a definite location in such city, and also if a license has been obtained therefor, if such license is required under the terms of any applicable law or ordi- nance. (Prior code§§203.5-203.51) 5.20.100 Commercial handbill license procedure. Any person desiring to distribute commercial handbills shall make application and receive from the chief of police, or other officer empowered to issue the same who shall act whenever the chief of police is herein referred to,a license in the manner and for the period prescribed by the terms of this chapter. Such applicant shall make written application to the chief of police upon a form or forms provided for such purpose by the chief of police.Such form shall contain: (1) Applicant's name; (2) Business address; (3) Residence address; (4) A brief description of the nature of the business to be conducted by the applicant; (5) The probable number of agents and employees to be engaged; (6) A picture of the applicant,two inch by two inch taken within the last calendar year. (7) The last two occupations of the applicant; (8) Arrest and/or convictions or crimes other than Vehicle Code violations; (9) A copy or copies of the handbill or handbills to be distributed. (Prior code§203.52) 184 1O.h 5.20.110 5.20.110 Action of chief of police. The chief of police shall investigate the application for truthfulness of the facts therein set forth and shall have a period of ten days for such investigation. If the chief of police ascertains the falsity of any of the contents of the appli- cation, no permit shall be issued the applicant. If the chief of police ascertains a crime has been committed by the ap- plicant involving moral turpitude,no permit shall be issued. (Prior code§ 203.53) 5.20.120 Issuance of permit—Definition of area for distribution of commercial handbills to pedestrians. If applicant complies with the requirements of Sections 5.20.100 and 5.20.110, at the expiration of the ten day pe- riod, or sooner if the chief of police is able to make the investigation, applicant shall be issued permit to distribute commercial handbills. No handbills shall be distributed between the hours of five p.m., and the following eight a.m., nor on any Sunday or holiday.(Prior code§ 203.54) 5.20.130 Permit fee. A permit fee in such amount as has been prescribed by resolution of the city council shall be charged each applicant and shall be payable to the chief of police.(Ord.945 § 1, 1973:prior code§ 203.55) 5.20.140 Revocation of license. If at any time after the issuance of a license to distribute commercial handbills, the chief of police ascertains a false statement has been made in the application of the licensee,or if the licensee is or has been convicted of a crime involv- ing moral turpitude, or if the licensee violates any provision of this chapter relating to the distribution of handbills,the chief of police, after affording the licensee due opportunity for a hearing in which the licensee might refute the charges, may revoke the license of the subject, and said licensee afterward shall not further distribute commercial handbills in the city.(Ord.913 §5 (part), 1971:prior code§203.57) 5.20.150 Licenses nontransferable. No license issued under this chapter shall be surrendered by the licensee named, or shall be revoked for cause, nei- ther the licensee named in such license, nor any other person shall further distribute handbills pursuant to the said li- cense,and any fees paid for such license shall not be refunded.(Prior code§203.58) 5.20.160 Exemptions. The provisions of this chapter shall not be deemed to apply to the distribution of mail by the United States, nor to newspapers as defined in this chapter.(Prior code§ 203.59) 185 03/20/2002 08:02 FAX $IIREE, NILLIAH Z 002 LAW 07FICES BURRS, WILLIAMS& SORENSFN, LLP wsn QG -+eawrrvF+ 18301 VON KARMAN AVENUE,SUITE 1050 rJvE'�tslraecocalTratxlea 511 wP+T 50.'rH Sr1t22Y,sinr62500 IRVINF,CwTSFORNTA 92612.1009 34o3 rExn+srrsEr,sun>:aec LGS nNGt1P5,CN,IFORN3A 96019.110- xlvimmr,CAL1Fo4N1A PPSOI.3T9 TcL (211)=6.0600 Tel: (949)869-3363 Ta (909)916-0100 Fdc (213)M+ -100 Fax: (949)863-3350 F (,m)1Y 5?15 wvmm.bwslawxom SAN DMOC COUNTY Of l! E SAN FAANCISCA coI1NTY oFtICK VElvrursn Co[A'rY OFflC>= 550 W1-='C'STREE7.5u1T2 1930 40 NLTON T'=Er,5U11'S 102 2310 FAST?=ERCSA DRIVE.SU=^3 SANDIEW,CWTORNIA 9.101-95L'3 , W rmNci5CO,CAUrOR A 94JC2a 10 ILO,C/SIFGRNN 9P104747 Td (619)61IZ672 Tel (1)5)$31.0511 Tel (50)WT 61 Fax (619)6156011 Fu (415J"7,1721 Pu (105)462-PY34 nlny'nrpMl4w coin om F1 zNO, c4195-0 03 March 20, 2002 Sent Ha Facsimile & U.S. Mail Ms. Trisha Sanders, City Clerk CITY OF PALM SPRINGS 300 S. Sunrise Way Palm.Springs, CA 92262 Re: Chapter 5.20: Handbills Dear Trisha: Thank you for taking the proposed amcudment to Chapter 5.20 off of today's Council agenda, per our conversation yesterday. I have written to opposing counsel in the underlying Swerdlow litigation matter and expressed to the ACLU's attorney that the next available opportunity to consider this amendment for a first reading is at the April 3, 2002 regular meeting. HoNkever, until opposing counsel responds to my correspondence, we are unable to place these proposed amendments on the April 3rd agenda, This is especially so given that opposing counsel has proposed additional, last minute 'revisions to our proposed amendment to Chapter 5.20 within the past week, even though we had previously stipulated that the final amendment was to be scheduled for a first reading on March 20, 2001 Once opposing counsel provides written confirmation that this matter is resolved and no further revisions are forthcoming, I will proceed with ensuring that the proposed amendments are in conformance with our standard legislative format for adoption and I will contact you to place this matter on the agenda. Again; thank you for your assistarncc and patience in this regard. Very truly yours, allony R. ZC) C] Z BURKE, WILLIAMS & SORENSEN, ILP cc: Mr. David Aleshire, Esq. ~f' A� oA 0 ORDINANCE NO. Ol�dl� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE TO PREVENT 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; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS 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 "Cornnercial 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." Section 5.20.130 "Permit fee." Section 5.20.140 "Revocation of license." IRV#18276 v4 -1- lg� Section 5.20.150 "Licenses nontransferable." Section 5.20.160 `Exceptions." SECTION 2: Section 5.20.010 of the Palm Springs Mumicipal Code, entitled "Purpose." is hereby amended to read in its entirety as follows: "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 entitled "Definitions." is hereby amended to read in its entirety as follows: "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 continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway,porch steps, vestibule, building or other structure; "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." IRV 418276 A I �,�2 SECTION 4: Section 5.20.030 of the Palm Springs Municipal Code, entitled "Posting notice, placard or bill prohibited in certain cases." is hereby amended to read in its entirety as follows: "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, or railway structure, hydrant, tree or tree-box, or upon the piers, colunms, 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 entitled "Throwing handbills broadcast in public places prohibited." is hereby amended to read in its entirety as follows: "It is unlawful for any person to deposit, place, throw, scatter or cast 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 Mumicipal Code entitled "Placing handbills in or on vehicles prohibited." is hereby amended to read in its entirety as follows: "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." SECTION 7: Section 5.20.070 of the Palm Springs Municipal Code entitled "Distribution prohibited where properly posted " is hereby amended to read in its entirety as follows: "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 IRV#18276 A -3- w 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 entitled "Distribution on inhabited private premises - Not posted." is hereby amended to be entitled "Distribution on private premises - Not posted." and amended in its entirety as follows: "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 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: The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted at the designated locations in the City of Palm Springs. PASSED, APPROVED, and ADOPTED this day of 2002. MAYOR ATTEST: CITY CLERK IRV k 18276 0 -4-