5059FOLLOWS:
ORDINANCE NO. 5059
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING NEW SECTION 7.24.040 TO CHAPTER
7.24 OF TITLE 7 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO HANDBILLS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Section 7.24.040 be, and the same is hereby,
added to Chapter 7.24 of Title 7 of the Anaheim Municipal Code, to
read as follows:
"7.24.040 DISTRIBUTION OF HANDBILLS TO GUEST ROOMS
WITHIN HOTELS OR MOTELS PROHIBITED.
.010 It is unlawful for any person or corporation
(hereinafter "distributor") to deposit, place, throw, scatter,
cast or otherwise distribute any handbill to any individual guest
rooms in any hotel or motel within the City of Anaheim, including
but not limited to placing, throwing, leaving or attaching any
handbill adjacent to, upon or underneath any guest room door,
doorknob or guest room entryway, where either (i) the owner,
manager or person in charge or control of said hotel or motel has
expressed objection to such handbill distribution, either orally
to said distributor or by the posting of a sign or other notice in
a conspicuous place within the lobby area of such hotel or motel
indicating that handbill distribution to guest rooms is
prohibited, or (ii) such distributor has received written notice
pursuant to subsection .030 hereof that the owner, manager or
person in charge or control of said hotel or motel has expressed
objection to the distribution of such handbills to individual
guest rooms in said hotel or motel.
.020 It is unlawful for any person or corporation
(hereinafter "contractor") to cause or direct any other person,
firm, business or entity to distribute, or cause the distribution
of, any handbill to any individual guest rooms in any hotel or
motel within the City of Anaheim in violation of subsection .010
hereof where such contractor has received written notice from the
owner, manager or person in charge or control of said hotel or
motel objecting to the distribution of such handbills to
individual guest rooms in said hotel or motel.
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.030 It is unlawful for any person or corporation
(hereinafter "contractor") which causes or directs any other
person, firm, business or entity (hereinafter "distributor") to
distribute, or cause the distribution of, any handbills to any
individual guest rooms in any hotel or motel within the City of
Anaheim, and which contractor has received written notice from the
owner, manager or person in charge or control of any hotel or
motel within the City of Anaheim, or from any other contractor or
intermediary pursuant to this subsection .030, objecting to the
distribution of such handbills to individual guest rooms in said
hotel or motel (hereinafter "notice"), to fail to (i) provide a
written copy of such notice to each of said distributors prior to
the commencement of distribution of said handbills by said
distributor (or by any person hired or retained by said
distributor for such purpose), or within 24 hours following the
receipt of such notice by the contractor if received after the
commencement of distribution, and (ii) instruct and demand any
such distributor to not distribute, or to cease the distribution
of such handbills to individual guest rooms in any hotel or motel
for which such a notice has been received.
.040 The terms "hotel" and motel" as used in this
Section shall have the respective meanings as set forth in
Sections 18.01.090 and 18.01.140 of this Code.
.050 Any written notice given by the owner, manager
or person in charge or control of any hotel or motel, or by any
other person, firm, business or entity, pursuant to or required by
any provision of this Section shall be deemed in full force and
effect until such time as said notice is revoked in writing.
.060 Nothing contained in this Section shall be
deemed to prohibit the distribution of any handbill (i) to guest
rooms in any hotel or motel where such distribution has been
requested or approved by the owner, manager or person in charge or
control of said hotel or motel, (ii) to any individual guest room
where an occupant thereof has affirmatively requested or approved
the distribution of such handbill during the term of such guest's
occupancy, or (iii) by hand delivery to any person willing to
receive such handbill."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
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SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 22nd day of August, 1989.
ATTEST:
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5059 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 15th day of August, 1989, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 22nd day of August, 1989, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5059 on the 23rd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 23rd day of August, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 5059 and was published once in the
Anaheim Bulletin on the 1st day of September, 1989.
CITY CLERK OF
THE CITY OF ANAHEIM