HomeMy WebLinkAbout2009-11-03; City Council; CS-068; Amend Sec 8.28.055 Prohibition of Handbills on Vehicles...1 ORDINANCE NO. CS-068
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTION
3 8.28.055 TO THE CARLSBAD MUNICIPAL CODE
REGARDING THE PROHIBITION OF DEPOSITING
HANDBILLS ON VEHICLES IN PARKING LOTS
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6 WHEREAS, from time to time, it is necessary to revise City ordinances in order to
7 reflect the current state of the law, particularly with regard to activities which enjoy some
8 First Amendment protection; and
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WHEREAS, in light of a recent decision of the Ninth Circuit in Klein v. City of San
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Clemente (2009), the Court struck down an ordinance prohibiting the leafleting of
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unoccupied vehicles parked on city streets; and
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WHEREAS, the Court stated that in order for a City "justify restricting a
constitutionally-protected speech, the City must demonstrate that the restrictions
15 imposed by its ordinance are narrowly tailored to serve a significant government interest
16 and they leave open ample alternative avenues for communication of the information;"
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18 WHEREAS, the Court held, "the protection of private property [or the prevention
19 of littering] is not a sufficiently substantial government interest to justify an across-the-
20 board ban on ... placing leaflets on the windshields of empty vehicles parked on public
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streets;" and
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WHEREAS, it is the determination of the City Council that the measure set forth
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herein to be known as Depositing Handbills on Vehicles, corrects the inconsistencies
25 with the current state of the law, by no longer prohibiting any person to place, or
26 distribute any handbill in or upon any vehicle in a public or private parking lot, without
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1 charge to the receiver thereof a handbill to any occupant of a vehicle in an otherwise
2 lawful manner,
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
4 Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
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2. Subsections (a) and (b) of Section 8.28.055 are hereby repealed in their
8 entirety, these sections contain items that are inconsistent with the current
9 state of the law.
1° 3. Section 8.28.055 of the Carlsbad Municipal Code is amended by repealing
11 subsections (a) and (b) and preserving subsection (c).
12 4. Section 8.28.055 will read as follows:
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Section 8.28.055 Depositing Handbills on Vehicles.
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This section does not make it unlawful for a person to hand out or distribute
15 without charge to the receiver thereof a handbill to any occupant of a vehicle in
an otherwise lawful manner.16
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 27th dav of October. 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 3rd dav of November. 2009, by the following vote, to
wit:
AYES: Lewis, Kulchin, Hall, Packard, and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY:
/ Vv4**-G=^ . |2. I areE^g^,
RONAT_D R. BALL, City Attorney
//• ¥
ayor
ATTEST: