HomeMy WebLinkAbout88-40 - Amending Newport Beach Municipal Code Section 5.40.040 Pertaining to Distribution of Commercial Handbills on Private PremisesNO. 88- 40
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AMENDING NEWPORT
BEACH MUNICIPAL CODE SECTION 5.40.040
PERTAINING TO DISTRIBUTION OF COMMERCIAL
HANDBILLS ON PRIVATE PREMISES.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Newport Beach Municipal Code Section 5.40.040 is
hereby amended to read as follows:
5.40.040 Distribution of Commercial Handbills on Private
Premises. It is unlawful for any person to
disseminate commercial handbills to, at, upon or onto any
private premises in the city except: (a) in, at or upon a box
or receptacle (other than a United States mailbox) marked with
letters at least one -half inch high "For Commercial Handbill,"
or (b) by handing the same to a person who has specifically
requested or otherwise signified his desire to receive such
commercial handbill to the person disseminating the same, or
(c) in, at or upon the private premises of a tenant or person n
lawful possession thereof who has signed and filed with the
person disseminating the advertising matter a written request
that such commercial handbill be deposited on his /her private
premises. All such written requests must be maintained at all
times in the office or place of business of the person
disseminating such advertising matter, and shall be kept on
file for a period of six months after the last dissemination of
commercial handbills pursuant to such request. Such written
request once made by a tenant or person in lawful possession of
private premise shall remain applicable as to the private
premises described in such consent until countermanded by the
Astenant or person in lawful possession of the same private
premises. The owner of vacant property shall be deemed to be
• the tenant or person in lawful possession of private premises
for purposes of this chapter. All such written requests shall
be available for inspection by any city official during all
regular business hours.
1
All commercial handbills disseminated in the city shall
have printed thereon or affixed in legible form the name,
address and telephone numbers of the person responsible for the
distribution of such commercial handbill together with a
legible notice to the effect that anyone who does not desire to
receive such commercial handbill shall notify the said person
responsible for the distribution thereof in writing to that
effect. Thereafter the person thus notified shall disseminate
no such commercial handbill in the private premises described
in such notification.
Section 2: The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper with
fifteen (15) days after its adoption.
Section 3: This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 24th day of October , 1988, and adopted on the 14th day of
November , 1988, by the following vote, to -wit:
AYES, COUNCILMEMBERS TURNER, PLUMMIER,
w�
HART, COX, STRAUSS, SANSONE, MAURER
•
NOES, COUNCILMEMBERS NONE
Pa