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HomeMy WebLinkAboutG56-05 CITY OF ELGIN ORDINANCE NO. G56-05 AN ORDINANCE AMENDING CHAPTER 6.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HANDBILLS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 8TH DAY OF JUNE 2005 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 10th day of June 2005. r STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on June 8, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. G56-05 entitled A An Ordinance Amending the Elgin Municipal Code, 1976, as amended, by adding to Chapter 6.24 entitled"Handbills", which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G56-05, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on June 10, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the rik municipal clerk. DATED at Elgin, Illinois, on June 10, 2005 Municipal Clerk j Deput, unicipal Clerk (SEAL) Ordinance No. G56-05 AN ORDINANCE AMENDING CHAPTER 6.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HANDBILLS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.005 to read as follows: 6.24.005: DEFINITIONS: The following terms, phrases, words and their derivatives shall have the meanings given herein unless their use in the text clearly demonstrates a different meaning: "Handbill" shall mean any printed or written matter, leaflet, pamphlet, paper, booklet, card, circular or any other printed matter or literature which is not delivered by United States Mail, including but not limited to material: 1. Which advertises for sale any merchandise, product, commodity or thing; 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 interest thereof by sales; or 3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. "Newspaper" shall mean any newspaper of general circulation, as defined by law; any newspaper duly entered with the United States Postal Service in accordance with federal statutes or regulations and any newspaper filed and recorded with any recording officer, as provided by law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. "Private Premises" shall mean all property, including but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto. "Public Place" shall mean and include any and all streets, boulevards, avenues, lanes, elk alleys or other public ways and parks, squares, plazas, grounds and buildings frequented by the general public. „ . "Vehicle” shall mean every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks. Section 2. That section 6.24.010 of the Elgin Municipal Code, 1976, as amended, entitled "Distribution of Handbills and Samples Restricted,"be and is hereby further amended to read as follows: 6.24.010: DISTRIBUTION OF HANDBILLS AND SAMPLES IN PUBLIC PLACES RESTRICTED: A. No person, firm or corporation shall throw or deposit any handbill, sample of merchandise or any advertising matter whatsoever in or upon any public place in the City. Nor shall any person, firm or corporation distribute indiscriminately to the public any handbills, samples of merchandise, or any advertising matter whatsoever in or upon any public place in the City. B. The provisions of this Section shall not be construed to prohibit the peddling or sale of any article or publication that may carry or be accompanied by advertising matter where a charge is made or a price paid for such article or publication, nor shall the provisions of this Section be construed to apply to the distribution of political and religious matter. Section 3. That section 6.24.020 of the Elgin Municipal Code, 1976, as amended, entitled "House-to-House Distribution of Handbills and Samples Restricted," be and is hereby further amended to read as follows: 6.24.020: DISTRIBUTION OF HANDBILLS AND SAMPLES ON PRIVATE PREMISES RESTRICTED: A. It is unlawful to distribute indiscriminately to the public, by leaving at private premises in the City, any samples of merchandise, handbills, or any advertising matter whatsoever without having first secured a permit therefore. B. No person shall distribute in or upon any private premises in the City any handbill, sample of merchandise or any advertising matter whatsoever except in the following manner: 1. By handing the handbill, sample of merchandise or advertising matter to an occupant of the private premises; or 2. By placing the handbill, sample of merchandise or advertising matter upon the porch or vestibule of a house or building on the private premises, provided that the handbill, sample of merchandise or advertising matter is wrapped, tied, folded, hung from a door handle or otherwise so prepared or placed so that it will not be 2 blown loose by the winds or other elements and provided that a previous day's distribution of handbills, samples of merchandise or other advertising matter has been removed from the porch or vestibule of the private premises. C. The provisions of this Section shall not apply to the distribution upon private premises of mail by the United States. D. The provisions of this Section shall not apply to the distribution upon private premises of political and religious literature, provided that political and religious literature shall be placed upon the porch or vestibule of a house or building on the private premises in such a manner as to prevent the political and religious literature from being carried or deposited by the wind or other elements in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon any private premises. E. The provisions of this Section shall not apply to the distribution upon private premises of any newspaper when an occupant of the private premises to which the newspaper is being delivered is currently subscribing to the delivery of such newspaper. A newspaper may be delivered to a private premises when an occupant of the private premises is not currently subscribing to the delivery of such newspaper, provided that such newspaper shall be placed upon the porch or vestibule of a house or building on the private premises in such a manner as to prevent the newspaper from being carried or deposited by the wind or other elements in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon any private premises. F. The provisions of this Section shall not be construed to apply to the sale of articles by licensed peddlers. Section 4. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.025 to read as follows: 6.24.025: PLACING HANDBILLS ON VEHICLES: No person shall deposit, fasten, throw, scatter or cast any handbill in or upon any vehicle parked in any public place or private premises in the City. Section 5. That section 6.24.030 of the Elgin Municipal Code, 1976, as amended, entitled "License; Application; Fee,"be and is hereby further amended to read as follows: 6.24.030: LICENSE; APPLICATION; FEE: A. Applications for a distribution license shall be made in writing to the City's Fiscal Services Director on a form furnished by the Fiscal Services Department, and shall require the following information: 3 �•• 1. A statement of the nature of the handbill, merchandise sample or advertisement to be distributed; 2. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license or other legally recognized form of identification; 3. A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic offenses), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where the conviction for such offense occurred, and other pertinent details thereof; 4. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5. A statement as to whether any vehicle will be used in conjunction with the distribution of the handbill, sample of merchandise or advertising matter, and if any vehicle will be used, a description of any such vehicle including its make, model, color and license plate number. 6. The dates, hours and location for which the right to distribute any handbill, sample of merchandise or any advertising matter is desired. B. At the time the application is filed with the Fiscal Services Director, the applicant shall pay a non-refundable application fee in the amount of thirty dollars ($30.00) to cover the cost to the City of processing the application and investigating the facts stated therein. Section 6. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.035 to read as follows: 6.24.035: APPLICATION REVIEW AND LICENSE ISSUANCE: A. Upon receipt of an application, the Fiscal Services Director, or his or her authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. The Fiscal Services Director, or his or her authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. B. If the Fiscal Services Director, or his or her authorized representative, finds the application to be satisfactory, the Fiscal Services Director, or his or her authorized 4 • 111.6. representative, shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the required license to the applicant. C. The license shall show the name and address of the licensee, the nature of the handbill, merchandise sample or advertisement to be distributed, the date of issuance, and the length of time that the license shall be in effect. The license shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. D. A record of all licenses issued shall be maintained by the Fiscal Services Department. Section 7. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.040 to read as follows: 6.24.040: DENIAL OF LICENSE: A. Upon the Fiscal Services Director's review of the application, the Fiscal Services Director may refuse to issue a license to the applicant under this Chapter for any of the following reasons: 1. The date, location and time of the distribution of the handbill, sample of merchandise or any advertising matter would endanger the safety and welfare of the licensee or its prospective customers; 2. An investigation reveals that the applicant falsified information on the application; 3. The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, theft, burglary, or any violent acts against persons or property, such conviction having been entered within five (5) years preceding the date of application; 4. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; 5. There is no proof as to the authority of the applicant to serve as an agent to the principal; or 6. The has been denied a permit under this Chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Fiscal Services Director that the reasons for such earlier denial no longer exist. B. The Fiscal Services Director's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is 5 disapproved and that no license will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant's last known address. Section 8. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.045 to read as follows: 6.24.045: LICENSE EXPIRATION A license issued under the provisions of this Chapter shall expire ninety (90) days from the date of issuance. Section 9. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.050 to read as follows: 6.24.050: PENALTIES FOR OFFENSES: Any person, firm or corporation violating any provision of this Section shall be fined not less than $100.00 nor more than $1000.00 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 10. That Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors," be and is hereby further amended to amend section 6.45.080, entitled "Permit Fee,"to read as follows: 6.45.080: PERMIT FEE: At the time the application is filed with the Fiscal Services Group Director, the applicant shall pay a fee to cover the cost to the City of processing the application and investigating the facts stated therein. Permit fees shall be as follows: A. Thirty dollars ($30.00) for each solicitor or peddler for permits pursuant to Section 6.45.020 of this Chapter. B. Thirty dollars ($30.00) for a permit issued pursuant to Section 6.45.030 or 6.45.040 of this Chapter. Section 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 12. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment 6 shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. Section 13. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Ed Schock, Mayor Presented: June 8, 2005 Passed: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 9, 2005 Published: June 10, 2005 Attest: S9461,w,-6,2_ h\S-c,ccA,_ Dolonna Mecum, City Clerk 7 Ordinance No. G56-05 AN ORDINANCE AMENDING CHAPTER 6.24 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HANDBILLS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.005 to read as follows: 6.24.005: DEFINITIONS: The following terms, phrases, words and their derivatives shall have the meanings given herein unless their use in the text clearly demonstrates a different meaning: "Handbill" shall mean any printed or written matter, leaflet, pamphlet, paper, booklet, card, circular or any other printed matter or literature which is not delivered by United States Mail, including but not limited to material: 1. Which advertises for sale any merchandise,product, commodity or thing; 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 interest thereof by sales; or 3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit. "Newspaper" shall mean any newspaper of general circulation, as defined by law; any newspaper duly entered with the United States Postal Service in accordance with federal statutes or regulations and any newspaper filed and recorded with any recording officer, as provided by law. In addition thereto, "newspaper" shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public. "Private Premises" shall mean all property, including but not limited to, vacant land or any land, building or other structure designed or used for residential, commercial, business, industrial, institutional or religious purposes, together with any yard, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox and other structure appurtenant thereto. "Public Place" shall mean and include any and all streets, boulevards, avenues, lanes, alleys or other public ways and parks, squares, plazas, grounds and buildings frequented by the general public. "Vehicle" shall mean every device in, upon or by which any person or property is or may be transported or drawn upon land or water, including devices used exclusively upon stationary rails or tracks. Section 2. That section 6.24.010 of the Elgin Municipal Code, 1976, as amended, entitled "Distribution of Handbills and Samples Restricted,"be and is hereby further amended to read as follows: 6.24.010: DISTRIBUTION OF HANDBILLS AND SAMPLES IN PUBLIC PLACES RESTRICTED: A. No person, firm or corporation shall throw or deposit any handbill, sample of merchandise or any advertising matter whatsoever in or upon any public place in the City. Nor shall any person, firm or corporation distribute indiscriminately to the public any handbills, samples of merchandise, or any advertising matter whatsoever in or upon any public place in the City. B. The provisions of this Section shall not be construed to prohibit the peddling or sale of any article or publication that may carry or be accompanied by advertising matter where a charge is made or a price paid for such article or publication, nor shall the provisions of this Section be construed to apply to the distribution of political and religious matter. Section 3. That section 6.24.020 of the Elgin Municipal Code, 1976, as amended, entitled "House-to-House Distribution of Handbills and Samples Restricted," be and is hereby further amended to read as follows: 6.24.020: DISTRIBUTION OF HANDBILLS AND SAMPLES ON PRIVATE PREMISES RESTRICTED: A. It is unlawful to distribute indiscriminately to the public, by leaving at private premises in the City, any samples of merchandise, handbills, or any advertising matter whatsoever without having first secured a permit therefore. B. No person shall distribute in or upon any private premises in the City any handbill, sample of merchandise or any advertising matter whatsoever except in the following manner: 1. By handing the handbill, sample of merchandise or advertising matter to an occupant of the private premises; or 2. By placing the handbill, sample of merchandise or advertising matter upon the porch or vestibule of a house or building on the private premises, provided that the handbill, sample of merchandise or advertising matter is wrapped, tied, folded, hung from a door handle or otherwise so prepared or placed so that it will not be 2 blown loose by the winds or other elements and provided that a previous day's distribution of handbills, samples of merchandise or other advertising matter has been removed from the porch or vestibule of the private premises. C. The provisions of this Section shall not apply to the distribution upon private premises of mail by the United States. D. The provisions of this Section shall not apply to the distribution upon private premises of political and religious literature, provided that political and religious literature shall be placed upon the porch or vestibule of a house or building on the private premises in such a manner as to prevent the political and religious literature from being carried or deposited by the wind or other elements in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon any private premises. E. The provisions of this Section shall not apply to the distribution upon private premises of any newspaper when an occupant of the private premises to which the newspaper is being delivered is currently subscribing to the delivery of such newspaper. A newspaper may be delivered to a private premises when an occupant of the private premises is not currently subscribing to the delivery of such newspaper, provided that such newspaper shall be placed upon the porch or vestibule of a house or building on the private premises in such a manner as to prevent the newspaper from being carried or deposited by the wind or other elements in an unbound condition upon any sidewalk, parkway, gutter, street, alley, or other public place or upon any private premises. F. The provisions of this Section shall not be construed to apply to the sale of articles by licensed peddlers. Section 4. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.025 to read as follows: 6.24.025: PLACING HANDBILLS ON VEHICLES: No person shall deposit, fasten, throw, scatter or cast any handbill in or upon any vehicle parked in any public place or private premises in the City. Section 5. That section 6.24.030 of the Elgin Municipal Code, 1976, as amended, entitled "License; Application; Fee,"be and is hereby further amended to read as follows: 6.24.030: LICENSE; APPLICATION; FEE: A. Applications for a distribution license shall be made in writing to the City's Fiscal Services Director on a form furnished by the Fiscal Services Department, and shall require the following information: 3 1. A statement of the nature of the handbill, merchandise sample or advertisement to be distributed; 2. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license or other legally recognized form of identification; 3. A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic offenses), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where the conviction for such offense occurred, and other pertinent details thereof; 4. If employed, the name, address and telephone number of the employer, or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; 5. A statement as to whether any vehicle will be used in conjunction with the distribution of the handbill, sample of merchandise or advertising matter, and if any vehicle will be used, a description of any such vehicle including its make, model, color and license plate number. 6. The dates, hours and location for which the right to distribute any handbill, sample of merchandise or any advertising matter is desired. B. At the time the application is filed with the Fiscal Services Director, the applicant shall pay a non-refundable application fee in the amount of thirty dollars ($30.00) to cover the cost to the City of processing the application and investigating the facts stated therein. Section 6. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.035 to read as follows: 6.24.035: APPLICATION REVIEW AND LICENSE ISSUANCE: A. Upon receipt of an application, the Fiscal Services Director, or his or her authorized representative, shall review the application as deemed necessary to ensure that it has been properly and completely submitted and as otherwise necessary to ensure the protection of the public health, safety and general welfare. The Fiscal Services Director, or his or her authorized representative, shall issue or deny the application for the required permit within seven (7) days of the submission of a completed application. B. If the Fiscal Services Director, or his or her authorized representative, finds the application to be satisfactory, the Fiscal Services Director, or his or her authorized 4 representative, shall endorse his or her approval on the application and shall,upon payment of the prescribed fee, deliver the required license to the applicant. C. The license shall show the name and address of the licensee, the nature of the handbill, merchandise sample or advertisement to be distributed, the date of issuance, and the length of time that the license shall be in effect. The license shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. D. A record of all licenses issued shall be maintained by the Fiscal Services Department. Section 7. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.040 to read as follows: 6.24.040: DENIAL OF LICENSE: A. Upon the Fiscal Services Director's review of the application, the Fiscal Services Director may refuse to issue a license to the applicant under this Chapter for any of the following reasons: 1. The date, location and time of the distribution of the handbill, sample of merchandise or any advertising matter would endanger the safety and welfare of the licensee or its prospective customers; 2. An investigation reveals that the applicant falsified information on the application; 3. The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, theft, burglary, or any violent acts against persons or property, such conviction having been entered within five (5) years preceding the date of application; 4. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application; 5. There is no proof as to the authority of the applicant to serve as an agent to the principal; or 6. The has been denied a permit under this Chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Fiscal Services Director that the reasons for such earlier denial no longer exist. B. The Fiscal Services Director's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is 5 disapproved and that no license will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or the applicant's last known address. Section 8. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.045 to read as follows: 6.24.045: LICENSE EXPIRATION A license issued under the provisions of this Chapter shall expire ninety (90) days from the date of issuance. Section 9. That Chapter 6.24 of the Elgin Municipal Code, 1976, as amended, entitled "Handbills,"be and is hereby further amended to add section 6.24.050 to read as follows: 6.24.050: PENALTIES FOR OFFENSES: Any person, firm or corporation violating any provision of this Section shall be fined not less than $100.00 nor more than $1000.00 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Section 10. That Chapter 6.45 of the Elgin Municipal Code, 1976, as amended, entitled "Peddlers and Solicitors," be and is hereby further amended to amend section 6.45.080, entitled "Permit Fee,"to read as follows: 6.45.080: PERMIT FEE: At the time the application is filed with the Fiscal Services Group Director, the applicant shall pay a fee to cover the cost to the City of processing the application and investigating the facts stated therein. Permit fees shall be as follows: A. Thirty dollars ($30.00) for each solicitor or peddler for permits pursuant to Section 6.45.020 of this Chapter. B. Thirty dollars ($30.00) for a permit issued pursuant to Section 6.45.030 or 6.45.040 of this Chapter. Section 11. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 12. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment 6 shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence,paragraph, section or part thereof not been included. Section 13. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/Ed Schock Ed Schock,Mayor Presented: June 8, 2005 Passed: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 9, 2005 Published: June 10, 2005 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 7 �s May 20, 2005 �ioll aril, aa4L N!!! TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVEFNMENT EFFICIENT SERVICES, AND QUALITY INFRASTFUCTVRE FROM: Olufemi Folarin, City Manager Richard G. Kozal, Assistant Corporation Counsel SUBJECT: Proposed Amendments to Handbills Licensing Ordinance PURPOSE th The purpose of this memorandum is to provide the to Mayor and members of the City the handbills licensing ordinance wi 1 information for considering proposed amendm ent require handbills to be placed on the porch or vestibule of private properties in a manner preventing the handbills from being blown loose by wind and to prohibit handbills from being placed on vehicles parked in public areas. RECOMMENDATION It is recommended that the proposed amendments to the handbills licensing ordinance be approved. BACKGROUND The City has been receiving increasing numbers of complaints regarding the distribution of handbills (sometimes referred to as advertising circulars) on private property. The complaining residents are not necessarily objecting to the receipt of the handbills, but rather to the manner in which the handbills are being distributed on their properties. Residents are objecting to the handbills being indiscriminately placed on their properties at various locations and in a manner that permits the handbills to be blown by the wind. This practice effectively results in the littering of the resident's yards and the surrounding neighborhood properties. City Council members receiving resident complaints have requested that the City consider adopting regulations that would require handbills to be securely placed near the entrance of private properties in a manner preventing the handbills from being blown loose by the wind. The distribution of handbills is currently of license to distribute handbillston private Municipal property,ulated under Chapter 6.24 of Code. Chapter 6.24 requires the issuance but does not specify where and how the handbills must be placed. Proposed Amendments to Handbills Licensing Ordinance May 20, 2005 Page 2 Section 1 of the proposed ordinance amending chapter 6.24 (attached to this memorandum) creates a section defining the substantive terms of the handbill licensing ordinance. The term "handbill" is broadly defined to include any type of advertising matter, including the advertising circulars being complained of by city residents. Section 2 of the proposed ordinance maintains the existing prohibition on the distribution of handbills in public places, but adds language that also makes it an offense to throw or exempt any regulationslin place accordance with Political and religious materials are p t from constitutional law. Section 3 of the proposed ordinance contains provisions regulating the placement of handbills on private property. The regulations in that section: • Prohibit the distribution of handbills on private property without a license; • Require handbills to be directly handed to the occupant of any private property; or • Require handbills to be placed upon the porch or vestibule of a house or building on the property,but only when: • The handbill is wrapped, tied, folded,hung from a door handle or otherwise so prepared or placed so that it will not be blown loose by the wind; and • The previous day's distribution of handbills has been removed from the property. U.S. Mail is exempted from the regulations and political and religious materials are also exempt in accordance with constitutional law. Newspapers are also exempt from the ordinance's regulations when the occupant of a home or business to which the newspaper is being delivered is currently subscribing to the delivery of that newspaper. However, when a newspaper is delivered to a home or business that does not have an occupant subscribing to that newspaper, newspaper must be laced upon t prevent phe porch or vestibule of the house or building in s uch a manner as blown by the wind to other property areas. Section 4 of the proposed ordinance prohibits the placement of handbills upon any vehicle parked in any public place in the city. This provision is being included in response to complaints from patrons using municipal parking lots in the Center City that are often subject to the placement of unwanted handbills on their vehicles. Section 5 of the proposed ordinance provides for a non-refundable application and licensing fee of thirty dollars ($30.00) to cover the City's costs for processing the application and investigating the facts stated in the application. Proposed Amendments to Handbills Licensing Ordinance May 20, 2005 Page 3 Sections 6 and 7 of the proposed ordinance establish procedures for reviewing and denying a license application and Section 8 provides that a handbill license expires ninety (90) days from the date of issuance. Section 9 of the proposed ordinance creates a penalty section providing for fines of $100 to $1000 for a violation of the handbill licensing ordinance. Section 10 of the proposed ordinance increases the license fee provisions of the peddlers and solicitors license ordinance to $30.00, consistent with the proposed fee for a handbill license. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT A non-refundable handbill license application fee of $30.00 is being required prior to the approval and issuance of a 90-day license. The license fee provisions of the peddlers and solicitors license ordinance are also being increased to $30.00 (from $20.00) to maintain consistency with the recently calculated handbill license fee in an effort to cover the costs associated with processing the application. The license fee would be credited to the General Fund. LEGAL IMPACT None ALTERNATIVES 1. Adopt the proposed ordinance as drafted or any acceptable provisions. 2. Adopt the proposed ordinance with suitable modifications. 3. Reject the proposed ordinance. Respectfully submitted for Council consideration. rgk Attachment