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Home My WebLink About1110 - Handbills• STATE OF CALIFORNIA ) ) SS. COUNTY OF ORANGE ) I, ....._W117: lam.._ M. I�ohmidt ............................. being first duly sworn and on oath, depose and say that I am theAdvertieing Manager ....... .... ........ of the Newport Harbor News Press -DAILY PILOT, a news- paper of general circulation in the City of Newport Beach, County of Orange, State of California, and that 01t_y___Ordinance .... dumber 1110 of which fhe copy printed hereon is a true and com- plate copy, was printed and published in the regu- lar issue (s) of said newspaper on Jai 196 5....... Ur� !do v r ----------------------------------------------------------- ---------------------------------------------------- Subscribed and sworn to before me this .... A8 h-- -._... day of c, F "i (i �....i1 liSN, JGSEi'I' C r�r• NOTARY PUELi '1'- ( :ALIFORIW�1 PRINCIPAL OFFICE IN L.._.......,. OU NTY .....8 r. ORANGE C .... My Commission expires .0 "Y_comrni „ron 3.)! as _ oa -- : d M is in and for the County State of California 196....5. - -- STATE OF CALIFORNIA COUNTY OF ORANGE )SS. CITY OF NEWPORT BEACH ) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that the foregoing Ordinance,,,,,,,,,,,,,,,,,, ................... ............. ............................... No. „1110...,, was duly and regularly adopted, passed and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ....... llth ... day, of .... ..... ZAAVMY .. ............................... 19 . �.`�.. - by the following vote: AYES: COUNCILMEN „Parsons, Marshall,. Elder, Gruberl Cook, For�it, Stoddard ...... .............................. ...... ................................................................. ............................... NOES: COUNCILMEN ...... None .. ............................... ............................. .... ABSENT: COUNCILMEN ...... None .............................. ............................... Dated this .... At4.... day of ........ F. ebruaxy .... ............................... 19 ..��.. City Clerk of the CityOmf Newp M Beach, State of California ORDINANCE NO. 1110 AN ORDINANCE OF THE CITY OF NEWPO.aT BEACH REPEALING SEC- TION 4227 OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING A NEW SECTION 4227 AND SECTIONS 4227.1 THROUGH 4227.5 TO S A I D CODE RELATING TO HANDBILLS The City Council of the City of New. Port Beach does ordain as follows: SECTION 1. Section 4227 of the New. Port Beach Municipal Code is repealed. SECTION 2. A raw Section 4227 is added to the Newport Beach Municipal Code to read: "SECTION 4227. Definition, For the Purpose of Sections 4227.1 through 4227.4, certain terms used therein are defined as follows: (1) 'Commercial handbill' shall mean and include any Printed or written matter, any sample Or deYlce, dodger, circular, leaflet, Pamphlet, Paper, book- let, or any other Printed or other re. Produced original or copies of any mat- ter or literature: a. Which advertises for sale any merchandise, Product, commodity or thing; or b. Which directs attention to any business or mercanti:e or commercial establishment or other aciivitY, for the Purpose of either directly er Indirectly promoting the interests thereof by sale; or C. Which directs attention to or ad- Yertlses any meeting, theatrics) Per. formance, exhibition or event of any kind for which an admission fee is charged for the Purpose of PriYate gain or Profit; or d. Which, while containing reading matter other than advertising matter, is Predominantly and essentially an ad- Yertisement, and Is distributed or cir- culated for adyertlsing Purposes, or for the PriYate benefit and gain of any Person so engaged as adyertlser or distributor. (2) 'Newspaper' shall mean and in- clude any newspaper Of general circula- tion as defined by state law, any newspaper duly entered with the Post Office Department of the United States In accordance with Federal statute or regulation, and shall include any Period - Ical or current magazine regularly Published with not less than four (4) issues Per Year, and offered for sale to the public. (3) 'Noncommercial handbill' shall mean and Include any Printed or writ- ten matter, any sample or device, dodger, circular, leaflet. Pamphlet. newsPa Per, magazine, Paper book or COPlas of any matter or literature not inc:uded in the Preceding definitions of a commercial handbill or a newspaper. (4) 'PriYate Premises' shall mean and include any dwelling, house, build- ing or other structure, designed or used either wholly or in Part for Pri- Yate residential Purposes, whether in- habited or temporarily Or continuously uninhabited or Yacant and shall in- clude any Yard, grounds, walk, drlYe- waY, Porch, steps, Vestibule or mail- box belonging or appurtenant to such dwelling, house, building or other structure. (4) 'Public Place' shall mean and in- clude all streets, boulevards, avenues, lanes, alleys, Or other Public ways and all Public Parks, beaches, grounds and bus: dings." SECTION 3. Section 4227.1 Is added to the Newport Beach Municipal Code to read: "SECTION 4227.1. Throwing Hand- bills in Public Places Prohibited. It shall be unlawful for any Person to de- posit, Place, throw, scatter or cast any commercial or noncommercial handbill in or upon any Public Place within this City; and it shall also be unlawful for any Person to ha;M out or distribute or sell any commercial handbill in any Public Place; Provided, howeyer, that it shall not be unlawful for any Person to hand Out Or distri- bute, without charge to the receiver thereof, any noncommercial handbill in any Public Place to any Person willing to accept such noncommercial hand- bill." f SECTION 4. Section 4227.2 is added to the Newport Beach Municipal Code to read: "SECTION 4227.2. Placing Handbills in Vehicles. It shall be unlawful for any Per5]n t0 distribute, deposit, Place, throw, scatter or cast any commercial or noncommercial handbill in er upon any automobile or ether Yehicle. The provisions of this section shall not be deemed to Prohibit the handing or dis- tribution of any noncommercial hand- bill to the owner or other occupant Of any automobile or other vehicle who is willing to accept the same." SECTION 5. Section 4227.3 Is added to the Newport Beach Municipal Code to read: "SECTION 4227.3. Distribution of Handbills on PriYate Premises. No Person shall distribute, Place, deposit, throw, scatter, 0r cast any commercial or noncommercial handbill In or upon any PriYate Premises, except by hand- ing or iransmiting any such handbill to the owner, occupant or other Person then Present in or upon such PriYate Premises or by Placing or depositing such handbill on the Premises in such a manner as to secure or Prevent such handbill from being blown or drifted about such Premises." SECTION 6. Section 4227.4 is added to the Newport Beach Municipal Code to read: "SECTION 4227.4. Distribution on Um Inhabited or Vacant PriYate Premises. It shall be unlawful for any Person to distribute, deposit, Place, throw, scatter or cast any commercial Or noncom- mercial handbill in or upon any Pri- Yate Premises which are temporarily or continuously uninhabited or Yacant." SECTION 7. Section 4227.5 is added to the Newport Beach Municipal Code to read: "SECTION 4227.5. Exemption. T h e Provisions of Sections 4227.1 through 4227.4 shall not be deemed to apply to the distribution of mail by the Unit. ed States Post Office or to newspapers as defined by Section 4227." SECTION 8. This ordinance shall be Published once in the official newspaper Of the City, and the same shall be ef- fective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of December, 1964, and was adonted on the 11th day of January, 1965, by the following Yote, to wit: AYES, COUNCILMEN: Parsons, Marshall, Elder, Gruber, Cook, Forgit, Stoddard NOES, COUNCILMEN: None ABSENT COUNCILMEN: None PAUL J. GRUBER, Mayor ATTEST: MARGERY SCHROUDER City Clerk Published Newport Harbor New,Press, Newport Beach, California, January 10, 1965 62 -65