HomeMy WebLinkAbout1731 - Distribution of HandbillsORDINANCE NO. 1731
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 5.40.020, 5.40.030 AND
• 5.40.040; ADDING SECTIONS 5.40.052 AND
5.40.054; DELETING SECTIONS 5.40.050,15.16.080
AND 15.16.090 OF THE NEWPORT BEACH MUNICIPAL
CODE EXTENDING THE PROHIBITIONS THEREIN AS
THEY RELATE TO DISTRIBUTION OF HANDBILLS TO
PRINCIPALS AS WELL AS AGENTS; AND ADDING
SECTION 5.40.080 DECLARING A VIOLATION OF
CHAPTER 5.40 TO BE AN INFRACTION
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Section 5.40.020 of the Newport Beach
Municipal Code is amended to read as follows:
"5.40.020. Throwing Handbills on Public.Places
Prohibited. It shall be unlawful for any person to
deposit, place, throw, scatter or cast or cause or permit
to be deposited, placed, thrown, scattered or cast any
• commercial or non - commercial handbill in or upon a public
place within this City; and it shall also be unlawful for
a person to hand out or distribute or sell, or permit
or cause to be handed out, distributed or sold any
commercial handbill in any public place; provided, however,
that it shall not be unlawful for any person to hand out
or distribute, without charge to the receiver thereof, any
non - commercial handbill,on any public place to any person
willing to accept such non - commercial handbill."
SECTION 2. Section 5.40.030 of the Newport Beach
Municipal Code is amended to read as follows:
"5.40.030. Placing Handbills in Vehicles. It shall
be unlawful for any person to distribute, deposit, place,
throw, scatter or cast, or permit or cause.to be distributed,
• deposited, placed, thrown, scattered or cast any commercial
or non - commercial handbill in or upon any automobile or
other vehicle. Provisions of this section shall not be
• deemed to
prohibit
the
handing or
distribution of
any
non-
commercial
handbill
to
the owner
or other occupant
of
any
automobile or other vehicle who is willing to accept the
same."
SECTION 3. Section 5.40.040 of the Newport Beach
Municipal Code is amended to read as follows:.
"5.40.040. Distribution of Handbills on Private
Premises. No person shall distribute, place, deposit,
throw, scatter or cast or cause.or permit to be distributed,
placed, deposited, thrown, scattered or cast any commercial
or non - commercial handbill in or upon any private premises,
except by handing or transmitting any such handbill to the
owner, occupant or other person then present in or upon
such private 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 and drifted about
such premises."
SECTION 4. Section 5.40.052 is added to the Newport
Beach Municipal Code to read as follows:
"5.40.052. Posting On Public Property Prohibited -
Exception. No person, except a public officer or employee
in performance of a public duty shall paste, paint, print,
nail, tack, place or otherwise fasten any card, banner,
handbill, sign, poster or advertisement or notice of any
kind, or cause the same to be done on any curbstone, lamp
post, pole, hydrant, bridge, wall or tree upon any public
sidewalk, street, or public property, except as may be
required or allowed by law, or by City Council approval."
• SECTION 5. Section 5.40.054 is added to the Newport
Beach Municipal Code to read as follows:
"5.40.054. Posting On Street Prohibited - Exception.
No person shall erect or construct any billboard or sign
-2-
is
i
device upon any street, or cause the same to be done, except
as may be required or allowed by law, or by City Council
approval."
SECTION 6. Sections 5.40.050, 15.16.080 and
15.16.090 of the Newport Beach Municipal Code.are hereby
deleted.
SECTION 7. Section 5.40.080 is added to the Newport
Beach Municipal Code to read as follows:
"5.40.080. Violation An Infraction. It shall be
unlawful for any person to violate any provisions or to
fail to comply with any of the requirements of this
Chapter. Any person violating any of the provisions or
failing to comply with any of the requirements of this
Chapter shall be guilty of an infraction.'"
SECTION 8. This Ordinance shall be published once
in the official newspaper of the City, and the same shall be
effective thirty (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 9th
day of May 1977, and was adopted on the
23rd day of May 1977, by the following
vote, to wit:
AYES, COUNCILMEN: Dostal, Barrett, Kuehn,
McInnis, Rogers, Ryckoff, Williams
NOES, COUNCILMEN: None
NT, COUNCILMEN: None
a yo r
ATTEST:
City Clerk
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