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10-12-98-Ordinance-Amending Provisions regarding the Distribution of Handbills-10/19/19980F?1 11V/1L Copy ORDINANCE NO. 10-12-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, AMENDING ARTICLE 6.200 (LITTERING) OF THE CODE OF ORDINANCES OF THE CITY, BY REPEALING CERTAIN PROVISIONS REGARDING HANDBILLS AND ADDING A NEW ARTICLE WITH PROVISIONS REGULATING THE DISTRIBUTION OF HANDBILLS AND CIRCULARS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING A REPEALER; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Sanger, Texas, upon full consideration of the matter, has determined that for the health, welfare, and safety of its citizens, it is desirable to adopt new regulations governing the distribution of handbills and circulars. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: I. REPEALED SECTIONS The current definition of "Commercial Handbill" in Section 6.202, and Sections 6.210, 6.211, 6.212, 6.213 of the City Code shall be and the same are hereby repealed. H. AMENDMENTS The following amendments to Article 6.200 (Littering) are adopted: Sec.6.202. Definitions. "Commercial handbill" shall mean and include any printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature: (1) Which advertises for sale any merchandise, 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 interests thereby by sales; CITY 8'r-GREMAY 0"'"fIGINAL COPY PAGE 2 (3) Which directs attention to or advertises any meeting, theatrical performance, exhibitions, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken upon for the purpose of defraying expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be derived to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a permit, where such permit is or may be required by any law of this State, or under any ordinance of this City; or (4) Which while containing reading matter other than advertising matter, is predominately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor. "Newspaper" shall mean and include any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Postal Service, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, . and sold to the public. "Obscene" means material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interests or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, which, taken as a whole, lacks serious literary, artistic, political, or scientific value. "Person" shall mean and include any person, firm, partnership, association, cooperation, company or organization of any kind. "Private premises" shall mean and include any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited, uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or structure. Sec. 6.210. Posting Notice, Placard, Bill, etc., Prohibited. No person shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public, to or upon any sidewalk, crosswalk, curb, or curbstone, ORDINANCE NO. 10-12-9s PAGE 3 flagstone, or any other portion or part of any public way or public place, or any lamp post, electric light, telegraph or telephone pole or railway structure, hydrant, shade tree or tree box, or upon the piers, columns, trusses, girders, railings, gates or other parts of any public bridge or viaduct, or other public structure or building except such as may be authorized or required by laws of the United States, or the State of Texas, and the ordinances of the City. Sec. 6.211. Throwing Handbills in Public Places Prohibited. It shall be unlawful for any person to deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any public place within the City. Provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or non-commercial handbill in any public place to any person willing to accept such handbill. Sec. 6.212. Placing Handbills In or Upon Vehicles Prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any automobile or other vehicle. The provisions of this Section shall not be deemed to prohibit the handing, transmitting or distributing of any commercial or non-commercial handbill to the owner or other occupant of any automobile or other vehicle, who is willing to accept the same. Sec. 6.213. Distribution of Handbills on Uninhabited or Vacant Private Premises Prohibited. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill in or upon any private premises which are uninhabited or vacant. Sec. 6.214. Distribution of Handbills Where Prohibition Properly Posted. It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or to have their right of privacy disturbed, or to have any such commercial or non- commercial handbills left upon such premises. ORDINANCE NO. 10- 2-98 Sec. 6.215. Distributing Handbills at Private Premises; Exceptions. t`:°op yl PAGE 4 (a) No person shall throw, deposit, or distribute any commercial or non-commercial handbill in or upon private premises except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises; provided, that, except where the premises are posted as provided in this Ordinance or where anyone upon the premises requests otherwise, a person may place or deposit any such commercial or non-commercial handbill in or upon such private premises, if such handbill is contained in a plastic bag ventilated with air holes throughout the surface of the bag, or unventilated plastic bag no greater than six inches in width, or if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places. Mailboxes may not be so used when so prohibited by federal postal law or regulations. (b) The provisions of this Section shall not apply to the distribution of newspapers; except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property. Sec. 6.216. Handbills Depicting Certain Matter Prohibited. It shall be unlawful for any person to post, handout, distribute or transmit any sign, or any handbill: (a) Which is reasonably likely to incite or to produce imminent lawless action; or (b) Which is obscene or unlawful. M. PENALTY. Violation of any of the provisions of this Ordinance shall upon conviction, be punishable by a fine not to exceed Two Thousand and No1100 ($2,000.00) Dollars for each offense, and each and every day such violation shall continue shall constitute a separate offense. IV. SEVERABILITY. The provisions of this Ordinance are declared to be severable. If any section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part. 60ON ORDINANCE NO. 10-12-98 PAGE 5 V. REPEALER. All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed. VI. EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication of notice as required by law. VH. EMERGENCY. It being for the public welfare that this Ordinance be passed, creates an emergency and public necessity, and the rule requiring this Ordinance be read on three (3) separate occasions be, and the same is hereby waived, and this Ordinance shall now be placed on its third and final reading for passage, and shall be in full force and effect from and after its passage and approval and publication, as provided by law. PASSED AND APPROVED by vote of 5 to O on the 19th day of October , 1998. MAYOR ATTEST: La�U) oi�" �-- City Secretary 1�r 000(9