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4698ORDINANCE NO. 4698 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 7.24.030, 7.24.050, 7.24.060 and 7.24.070 AND ADDING SECTION 7.24.080 TO CHAPTER 7.24 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DISTRIBUTION OF HANDBILLS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1_ That Sections 7.24.030, 7.24.050, 7.24.060 and 7.24.070 of Chapter 7.24 of Title 7 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 7.24.030 PUTTING HANDBILLS IN OR UPON VEHICLES PROHIBITED - EXCEPTION -HANDING TO OWNER OR OCCUPANT. .010 No person, either directly or indirectly, shall distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. .020 No person or entity directing, controlling, employing or hiring persons to distribute handbills shall permit, allow or fail to exercise reasonable precautions to prevent any of the acts prohibited by Subsection .010, above. .030 The provisions of this section shall not be deemed to prohibit the handing of any handbill to the owner or other occupant of any automobile or other vehicle. .T .n.. ,_., y -1 ._ I— . r. . , . _ _..... 7,24.050 DISTRIBUTION OF HANDBILLS TO OWNER OR OCCUPANT OF PRIVATE RESIDENCE WHO HAS EXPRESSED OBJECTION TO SUCH DISTRIBUTION PROHIBITED. No person shall distribute any handbill to the owner or occupant of a private residence who has expressed his objection to such distribution, either orally, by the posting of a sign or other notice in a conspicuous place indicating that no handbills are desired, or by writing or telephoning the handbill distributor to indicate that no handbills are desired. 7.24.060 DISTRIBUTING HANDBILLS AT ANAHEIM STADIUM AND ANAHEIM CONVENTION CENTER. Persons distributing handbills at the Anaheim Stadium and Anaheim Convention Center shall be subject to the following restrictions: .010 Persons distributing handbills shall wear, in a conspicuous and prominent place on their clothing, a badge or similar device identifying the organization or group they represent. .020 Persons distributing handbills shall not impede the flow of vehicular or pedestrian traffic. .030 Persons distributing handbills shall not interfere with the conduct of business. .040 No handbills shall be distributed within ten feet of any entrance, exit, ticket window, or queue of patrons. .050. No handbills shall be distributed in the interior of buildings. .060. No handbills shall be distributed in the parking structure at the Convention Center. .070. No handbills shall be distributed which bear advertising offering for sale goods, wares, merchandise, or commercial services by persons or businesses which are not current tenants or exhibitors inside the Stadium or Convention Center. Any person who violates any provision of this section shall be guilty of a misdemeanor and subject to the penalties set forth in Section 7.24.080. 7.24.070 EXEMPTIONS FROM CHAPTER AND MANNER OF DELIVERING HANDBILL TO PRIVATE PROPERTY. The provisions of this chapter shall not apply to the distribution of the United States Mail. In making delivery -2- of any handbill to any person or property, including private residences as to which the owner or occupant has not expressed his objection to such distribution, the handbill shall either be delivered personally to the person or placed upon the premises in such a manner that the handbill will not be blown from the premises of such person onto the private property of other persons, or the streets, or public places within the City." SECTION 2. That new Section 7.24.080 be, and the same is hereby, added to Chapter 7.24 of Title 7 of the Anaheim Municipal Code, to read as follows: "7.24.080 VIOLATION AND PENALTY .010 Violation of this Chapter is a misdemeanor and is punishable by a fine of not more than Five -Hundred dollars ($500.00). .020 Any handbills distributed on public property in violation of Section 7.24.030 may be removed by any duly authorized employee of the City of Anaheim. In the event that such handbills are removed by an employee of the City of Anaheim, the person responsible for distributing such handbills and/or the person or entity directing, controlling, employing or hiring the handbill distributor shall be liable to the City of Anaheim for the costs of cleaning up such handbills in addition to any other penalties provided by law." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, 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. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosectuion 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. -3- SECTION 5. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is Council of the City of Anaheim February , 1986 approved and adopted by the City this 25th day of i MAYOR OF THE CITY 03r-ANAHETPt ATTEST: i - r CITY CLERK OF THE CITY OF ANAHEIM LAM/rin 4033.N ME 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. 4698 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of February, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of February, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4698 on the 25th day of February, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of February, 1986. 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. 4698 and was published once in the Anaheim Bulletin on the 14th day of March, 1986. CITY CLERK