Loading...
HomeMy WebLinkAbout2009-11-03; City Council; 20032; Amend Mun Code handbills on vehicles parking lotsCITY OF CARLSBAD - AGENDA BILL 8 AB# 20,032 MTG. 11/03/09 DEPT. Clerk AMENDMENT OF MUNICIPAL CODE REGARDING HANDBILLS ON VEHICLES IN PARKING LOTS DEPT. HEAD XT) CITY ATTYT^_ CITYMGR, ^/ RECOMMENDED ACTION: Adopt Ordinance No. CS-068 amending Carlsbad Municipal Code Section 8.28.055, regarding the prohibition of depositing handbills on vehicles in parking lots, to reflect current state law. ITEM EXPLANATION: Ordinance No. CS-068 was introduced and first read at the City Council meeting held on October 27, 2009. The second reading allows the City Council to adopt the ordinance which will become effective no sooner than thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 20,020 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-068. DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808, karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED B DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO.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 4 REGARDING THE PROHIBITION OF DEPOSITING HANDBILLS ON VEHICLES IN PARKING LOTS 5 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 9 WHEREAS, in light of a recent decision of the Ninth Circuit in Klein v. City of San 10 Clemente (2009), the Court struck down an ordinance prohibiting the leafleting of 11 unoccupied vehicles parked on city streets; and 12 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;" 17 and 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 21 streets;" and 22 WHEREAS, it is the determination of the City Council that the measure set forth 23 herein to be known as Depositing Handbills on Vehicles, corrects the inconsistencies Z*^\ 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 27 28 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: 5 1. That the above recitations are true and correct. 6 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. 10 3. Section 8.28.055 of the Carlsbad Municipal Code is amended by repealing subsections (a) and (b) and preserving subsection (c). 12 4. Section 8.28.055 will read as follows: 13 Section 8.28.055 Depositing Handbills on Vehicles. 14 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 17 // 18 // 19 // 20 21 " 22 " 23 // 24 // 25 // 26 // 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 day of October. 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 3rd day 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: RONALD R. BALL, City Attorney //• t • 07 . A. LEWIS, Mayor ATTEST: ',, •'^fWffP-- "V'"t'»*^