HomeMy WebLinkAbout1994-08-09; City Council; 12823; PROHIBITION OF HANDBILL PLACEMENT ON AUTOMOBILES IN PARKING LOTSs
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Cw OF CARLSBAD - AGEWA BILL uI
DEPT. H AB f 12: 823 TITLE:
MTG. @-T-qY AUTOMOBILES IN PARKING LOTS CITY A1
CITY M( DEPT. PA
PROHIBITION OF HANDBILL PLACEMENT ON
RECOMMENDED ACTION;
Introduce Ordinance No. /Vs-&?o to prohibit the placeme handbills on vehicles in parking lots,
ITEM EXPLANATION
The parking lot at the Plaza Camino Real is owned by the Car Parking Authority, a public agency, and leased to the Cil Carlsbad. Carlsbad and the Parking Authority have an oper
agreement with May Centers, a private company, to maintaii operate the parking facility.
The Carlsbad Police Department has received a number of compl
related to the distribution of handbills in the parking 1(
Plaza Camino Real. Similar complaints have been received rega other parking lots, both public and private. Drivers will remove the handbills from their automobiles and throw them o
ground. When these discarded handbills become wet from ni
moisture, they stick to the parking lot surface, and are difficult to remove.
Courts have allowed governments to impose reasonable restric on the time, place or manner of speech activities. restrictions must however be justified without reference t content of the regulated speech, be narrowly tailored to se significant government interest, and leave open ample altern channels of communication. Restrictions on leafletting activ can be allowed if these three specific criteria are met.
This ordinance should resolve many leafletting concerns by m it unlawful to place, throw or deposit handbills on vehicl public and private parking lots. At the same time, the ordi still permits the distribution of handbills to individuals.
the ban does not prohibit a particular type of handbill or mes
Thus, the ordinance protects a leafletter's constitutional ri
FISCAL IMPACT
There will be future administrative and legal costs to enforc ordinance, the exact amount of which depends on the numb
violations and enforcement activity.
EXHIBITS
Ordinance No. Ms- 290
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ORDINANCE NO. NS-290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OP CARL8Bm, ~?&~!?~~~& WENbMG TITLE 8,
CHAPTER 8.28 OF THE CARLSBAD MUNICIPAL CODE
TO PROHIBIT THE PLACEMENT OF HANDBILLS UPON VEHIC
WHEREAS, litter from discarded handbills placed c
has become a serious problem at public and private parking 1
the City of Carlsbad; and
WHEREAS, persons placing handbills on automobi.
parking lots can interfere with the ingress and egrc
automobiles from the lot, causing public safety concerns; a
WHEREAS, the regulation of handbill distribut:
public and private parking lots is essential to protect the h
safety and welfare of the City's residents,
NOW, THEREFORE, the City Council of the City of Car
California does ordain as follows:
SECTION I: That Title 8, Chapter 8.28 of the Ca
Municipal Code is amended by the addition of section 8.28.
read as follows:
"8.28.055. DeDositins handbills on vehicles in IS
lots prohibit,ed. (a) It is unlawful for any person to place, th
deposit any handbill in or upon any vehicle in a public parki
or to place, throw or deposit any handbill in or upon any v in a private parking lot without the written permission ( owner, or the person entitled to immediate possession, (
authorized agent of either. Said written permission shz
presented to a peace officer upon request. It shall be unlawful for any person to hire, d or order another person to do the unlawful acts descri): subdivision (a).
to hand out or distribute without charge to the receiver the handbill to any occupant of a vehicle in an otherwise manner."
Page 1 of 2 of Ordinance No.
(b)
(c) This section does not make it unlawful for a
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e a
EFFECTIVE DATE: This ordinance shall be effective t
days after its adoption, and the City Clerk shall certif-
adoption of this ordinance and cause it to be published at
once in a newspaper of general circulation in the City of Car
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting o
Carlsbad City Council on the
and thereafter
day of /
PASSED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad on the
1994, by the following vote, to wit:
day of
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, 'City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
Page 2 of 2 of Ordinance No.
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