The URL can be used to link to this page

Home My WebLink About077ORDINANCE NO. 77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING THE IRWINDALE MUNICIPAL CODE BY ADDING THERETO SECTIONS 4400 THROUGH 4407, WHICH SAID SECTIONS RELATE TO HANDBILLS, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The Irwindale Municipal Code hereby is amended by adding to Article IV thereof a new chapter to be designated "Chap- '"" ter 4 -- Handbills," consisting of Sections 4400 through 4407, to read, respectively, as follows: 4400. Definitions. For the purpose of this chapter, certain words and phrasesarmee ei`ined and shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended. 4400.1. Commercial Handbill. "Commercial Handbill" shall mean and include any printed or wr, en ma ter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature: (1) Which advertises for sale any merchandise, product, com- modity, or thing; or (2) 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 (3) Which directs attention to or advertises any meeting, the- , atrical performance, exhibition, or event of any kind. 4400.2. Newspaper. "Newspaper" shall mean and include any news- paper of general circu a on 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 anc;recorded with any recording officer as provided by general law; andl in addition thereto, shall mean and include any periodical or cur- rent magazine regularly published with not less than four issues per year, and sold to the public. 4400.3. Non-commercial Handbill. "Non-commercial Handbill" shall mean and include 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 commercial handbill, or a newspaper. 4400.4. Private Premises. "Private Premises* shall mean and include any dwelling, house, u ng, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or°vacant, and shall include any yard, grounds, walk, driveway, porch, steps, ves- tibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. 4400.5. Public Place. "Public Place" shall mean and include any and all streets, boulevardFo avenues, lanes, alleys, or other public ways, and any and all public parks, squares, spaces, plazas, grounds and buildings. 4401. Throwing Handbills Broadcast in Public Places Prohibited. No person shall deposit, place, throw, scatter or cast any commerc a handbill in or upon any public place within this city or sell any com- mercial handbill in any public place; provided, however, that any Ordinance No. 77 person may hand out or distribute, without charge to the receiver thereof, any non-commercial handbill in any public place to any person willing to accept such non-commercial handbill. 4402. Placing in Vehicles -- Commercial and Non-commercial Handbills. No personsnall—distribu e�it, place, thro77 sewer or cast any commercial or non-commercial handbill in or upon any automobile or other vehicle. The provisions of this sec- tion shall not be deemed to prohibit the handing, transmitting or distributing of any non-commercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing tD ac- cept the same. 4403. Distribution on Uninhabited or Vacant Private Premises of Commercialormmerc aan ls. No personsTia-`lI df—s- tribu en , deposit, p ace, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. 4404. Prohi� biti Distribution Where Pr Posted. No person shall a r u e, epoossS ,, p-iace, sca er or canny com- mercial or non-commercial handbill upon any 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 man- ner that the occupants of said premises do not desire to be mo- lested or to have their right of privacy disturbed, or to have any such handbills left upon such premises. 4405. Distribution on Inhabited Private Premises --Commercial or Non -Commercial Handbill7s. No person = 3istribu a e� F, place, throw, scatterst any commercial or non-commercial handbill in or upon any private premises which are inhabited, ex- cept by handing or transmitting any such handbill directly to the owner, occupant, or any other person then present in or upon such private premises; provided, however, that in case of inhabited pri- vate premises which are not posted as provided in this chapter, the aforesaid person, unless requested by anyone 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 so used when so prohibited by Federal postal laws or regulations. 4406. Name and Address of Printeretc., and Distributor of Handbills. Verson s�ielTdistr-3Tuie,rdeposit,'aca era out or circulate any commercial or non-commercial handbill in any place, under any circumstances, which does not have printed on the cover, front or back thereof, the name and address of the following: (a) The person who printed, wrote, compiled or manufactured the same. (b) The person who caused the same to be distributed; provided, however, that in the case of a fictitious person or club, in addi- tion to such fictitious name, the true names and addresses of the owners, managers or agents of the person sponsoring said handbill shall also appear thereon. 4407. Handbills Offensive to Public Morals, etc. Prohibited. No person aha an ouT-,aT-sir3iiuTe or transmit any=gn, or any commercial or non-commercial handbill: (1) Which may reasonably tend to incite riot or otherpublic disorder, or which advocates disloyalty to or the overthrow of the government of the United States or of this State by meas of any -2- Ordinance No. 77 artifice, scheme, or violence, or which urges any unlawful conduct, or encourages or tends to encourage a breach of the public peace or good order of the community; or (2) Which is offensive to public morals or decency, or which contains blasphemous, obscene, libelous or scurrilous language. SECTION 2, The City Clerk shall certify to the passage of this ordinance and cause the same to be posted in the manner required by law. Approved and passed this 3rd day of November 1959. D nje a_,an-vaA.n Mayor STATE OF CALIFORNIA COUNTY OF LOS ANOMM 33 CITY OF IRWINDALE I, MAXINE HORST, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 77 was regu- larly introduced and placed upon its first reading regular meeting of the City Council on the 6 day of Oct 1959. That, thereafter, said ordinance was u y approve and nd Dww" at a regular meeting of the City Council on the 3 day of November, 1959, by the following vote, to wit: AYES: Councilmen Martinez, Miranda, Ornalas. NOES: Councilmen Diaz, Silva ABSENT: Councilmen None City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF IRWINDALE MAXINE M. HORST, being first duly sworn, deposes and says: That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United States over the age of eighteen (18) years and competent to be a witness herein. I! On November 10, 1959, she securely and conspicuously posted at each of the public places in said City, to -wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue. a copy of Ordinance No. 77 of the City of Irwindale, being in all respects the same as that attached and made a part hereof. Dated: November 10, 1959 -3- / �� M, , city Clerk of the City of Irwindale, California