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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. L .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. 080389 -2- I 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: IN MM • . ' , • JLW:lm 3245L 080389 -3- 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