HomeMy WebLinkAboutORD 198ORD 198ê79wV ×P é ® ORDINANCE NO. 198
AN ORDINANCE PROHIBITING THE THROWING
OR DEPOSITING OF LITTER IN PUBLIC
PLACES IN THE CITY OF BALDWIN PARK;
REGULATING THE DISTRIBUTION OF COM-
MERCIAL AND NON-COMMERCIAL HANDBILLS;
CONTROLLING THE DEPOSITING OF LITTER
ON PRIVATE PREMISES; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS
PROVISIONS; AMENDING SECTIONS 4250
AND 4250.1 OF THE BALDWIN PARK MUNI-
CIPAL CODE, AND ADDING SECTIONS 4250.2
THROUGH 4250.27 THEREOF.
PARK: Be it ordained by the Council of the CITY OF BALDWIN
Section l. The Baldwin Park Municipal Code is hereby
amended by amending Sections 4250 and 4250.1, and adding Sections
4250.2 through 4250.27 to read as follows:
4250. That to protect the people against the nuisance
of and incident to the promiscuous distribution of litter,
handbills and circulars, particularly commercial handbills, as
herein defined, with the resulting detriment and danger to
public health and safety, the public interest, convenience and
necessity requires the regulation thereof and to that end the
purposes of this ordinance are specifically declared to be as
follows
a) To protect the people against the unlawful
activities or operations of dissolute persons
of criminal habits or tendencies, representing
themselves as handbill distributors, by requiring
the registration of all such handbill distributors,
together with the names of their employers, and
by regulating the business of handbill and ad-
vertising distribution through the imposition of
reasonable license fees.
b) To protect local residents against tres-
passing by handbill distributors upon the private
property of such residents if they do not wish
to be. solicited by such persons or do not desire
to receive handbills or advertising matter.
c) To protect the people against the health
and safety menace and the expense incident to
the littering of the streets and public places
by the promiscuous and uncontrolled distribution
of advertising matter and commercial handbills.
d) To protect the people against the menace to
their property during their absence therefrom
due to the unlawful activities or operation of
dissolute persons of criminal habits or tendencies,
made aware of the absence of the people from their
premises by the accumulation of advertising matter
and handbills during such absence.
e) To preserve to the people their constitutional
right to receive and disseminate information not
restricted under the ordinary rules of decency and
good morals and public order, by distinguishing
between the nuisance created by the promiscuous
1-
/b / J-_ y
ORD 198ê79wV ×P é ® distribution of advertising and commercial
and non-commercial handbills to all who are
willing to receive the same.
f) To protect the property of its residents
and the health, welfare and safety of the
citizens from disease, vermin and injury from
litter and blighted or dilapidated property.
4250.1. Definitions. For the purposes of this Ordi-
nance the following terms, phrases, words, and their derivations
shall have the meaning given herein. When not inconsistent with
the context, words used in the present tense include the future;
words used in the plural number include the singular number; and
words used in the singular number include the plural number.
The word shall" is always mandatory and not merely directory.
1) Aircraft," is any contrivance now known or
hereafter invented, used or designated for
navigation or for flight in the air. The word
Aircraft" shall include helicopters and lighter-
than-air dirigibles and balloons.
2) Private Receptacle" is a litter storage and
collection receptacle upon private premises.
3) City" is the City of Baldwin Park.
4) Commercial Handbill" is any printed or
written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet,
or any other printed or otherwise reproduced
original or copies of any matter or literature;
A) Which advertises for sale any merchan-
dise, product, commodity, or thing; or
B) 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
C) 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; but the terms of this clause
shall not apply where an admission fee is
charged or a collection is taken up for the
purpose of defraying the expenses incident
to such meeting, theatrical performance,
exhibition or event of any kind, when either of
the same is held, given or taken place in con-
nection 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 deemed to
authorize the holding, giving or taking place
of any meeting, theatrical performance, exhi-
bition, or event of any kind, without a license
where such license is or may be required by
any law of this State, or under any ordinance
of this City; or
D) Which, while containing reading matter
other than advertising matter, is predominantly
and essentially an advertisement, and is
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ORD 198ê79wV ×P é ® distributed or circulated for advertising
purposes, or for the private benefit and
gain or any person so engaged as advertiser
or distributor.
5) Garbage" is putrescible animal and vege-
table wastes resulting from the handling,
preparation, cooking and consumption of food.
6)~ Handbill Distributor" shall mean and
include any person engaging or engaged in the
business for hire or gain of distributing com-
mercial or non-commercial handbills, other
than newspapers distributed to subscribers
thereof, and any person receiving compensation
directly or indirectly for the distribution of
such handbills.
7) Litter" is Garbage," Refuse," and Rub-
bish" as defined herein and all other material
which is thrown or deposited as herein pro-
hibited, tends to create a danger to public
health, safety and welfare.
8) Newspaper" shall mean and include any
newspaper:
1. Which has for its principal purpose
the dissemination of local or tele-
graphic news and intelligence of a
general character;
2. Which is printed and published at
regular intervals;
3. Which has a bona fide subscription
list of paying subscribers within
the City of Baldwin Park, and is
principally distributed only to
paying subscribers;
4. Which is not distributed or circulated
primarily for advertising purposes;
and in addition thereto, shall mean and include
any periodical or current magazine regularly
published with not less than four 1,.) issues
per year, and sold to the public.
9) Non-Commercial Handbill" is any printed or
written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper,
magazine, paper booklet, or any other printed
or otherwise reproduced original or copies of
any matter or literature not included in the
aforesaid definitions of a commercial handbill
or a newspaper.
10) Park" is a park, reservation, playground,
recreation center or any public area in the City,
owned or used by the City and devoted to active
or passive recreation.
11) Person" is any person, firm, partnership,
association, corporation, company or organi-
zation of any kind.
12) Private Premises" is any dwelling, house,
building, or other structure, designed or used
wholly or in part for private residential
3-
ORD 198ê79wV ×P é ® purposes, whether inhabited, temporarily
or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, drive-
way, porch, steps, hallway, vestibule or mail-
box belonging or appurtenant to such dwelling,
house, building, or other structure and any
vacant lot or other private property.
13) Public Place" is any and all streets,
sidewalks, boulevards, avenues, lanes, alleys
or other public ways, and any and all public
parks, squares, spaces, plazas, grounds and
buildings.
14) Refuse" is all putrescible and non-
putrescible solid wastes except body wastes),
including garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles,
and solid market and industrial wastes.'
15) Rubbish" is nonputrescible solid wastes
consisting of both combustible and non-com-
bustible wastes, such as paper, wrappings,
cigarettes, cardboard, tin cans, yard clippings,
leaves, wood, glass, bedding, crockery and
similar materials.
16) Vehicle" is every device in, upon, or
by which any person or property is or may be
transported or drawn upon a highway, including
devices used exclusively upon stationary rails
or tracks.
4250.2. Litter in Public Places. No person shall
throw or deposit litter in or upon any street, sidewalk or other
public place within the City except in public receptacles, in
private receptacles for collection, or in official City dumps.
4250.3. Placement of Litter in Receptacles so as to
Prevent Scattering. Persons placing litter in public re-
ceptacles or in private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private
property. Such receptacles shall have lids or covers. All
such receptacles containing litter or other matter to be col-
lected by regular rubbish collection service, shall not be
placed at the front curb of the premises for collection prior to
6;00 P.M. of the day preceding such regularly scheduled rubbish
pick-up and shall be removed from the front of such premises
by midnight of the day of such scheduled pick-up.
4250.4• Sweeping Litter Into Gutters Prohibited.
No person shall sweep into or deposit in any gutter, street or
other public place within the City the accumulation of litter
from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the
sidewalk in front of their premises free of litter.
4250.5. Merchants' Duty to Keep Sidewalks Free of
Litter. No person owning or occupying a place of business shall
sweep into or deposit in any gutter, street or other public place
within the City the accumulation of litter from any building or
lot or from any public or private sidewalk or driveway. Persons
owning or occupying places of business within the City shall keep
the sidewalk in front of their business premises free of litter.
4250.6. Litter Thrown b Persons in Vehicles. No
person, while a driver or passenger in a vehicle, shall throw
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ORD 198ê79wV ×P é ® or deposit litter upon any street or other public place within
the City or upon private property.
4250.7. Truck Loads Causing Litter. No person shall
drive or move any truck, or other vehicle within the City unless
such vehicle is so constructed or loaded as to prevent any load,
contents or litter from being blown or deposited upon any street,
alley, or other public place. Nor shall any person drive or move
any vehicle or truck within the City, the wheels or tires of
which carry onto or deposit in any streets, alley or other public
place, excessive mud, dirt, sticky substances, litter or foreign
matter of any kind.
4250.8. Litter in Parks. No person shall throw or
deposit litter in any park within the City except in public re-
ceptacles and in such a manner that the litter will be prevented
from being carried or deposited by the elements upon any part
of the park or upon any street or other public place. Where
public receptacles are not provided, all such litter shall be
carried away from the park by the person responsible for its
presence and properly disposed of elsewhere as provided herein.
4250.9. Throwing or Distributing Handbills in Public
Places. No person shall throw, cast, distribute, place, scatter,
or deposit any commercial or non-commercial handbill in or upon any
sidewalk, street or public place within the City, and it shall be
unlawful for any person to hand out or distribute or sell any com-
mercial handbill in any public place; provided, however, that it
shall not be unlawful on any sidewalk, street or other public place
within the City for any person to hand out or distribute, without
charge to the receiver thereof, any non-commercial handbill to
any person willing to accept such non-commercial handbill.
4250.10. Placing Commercial and Non-Commercial Handbills
in or Upon Vehicles. It shall be unlawful for any person to
throw, cast, distribute, place, scatter, or deposit any commercial
or non-commercial handbill in or upon any vehicle; provided, how-
ever, that it shall not be unlawful for a person to hand out,
transmit, or distribute in any public place without charge to the
receiver thereof, a non-commercial handbill to any occupant or
owner of a vehicle who is willing to accept such non-commercial
handbill.
4250.11. Depositing Commercial and Non-Commercial Hand-
bills in or upon Uninhabited or Vacant Premises. It shall e un-
lawful for any person to throw, cast, distribute, place, scatter
or deposit any commercial or non-commercial handbill in or upon
any private premises which are temporarily or continuously unin-
habited or vacant.
4250.12. Distribution on Private Premises Without Con-
sent Prohibited. It shall be unlawful for any person to distri-
bute, deposit, place, throw or scatter or cast any commercial or
non-commercial handbill upon any private premises without having
first obtained the written consent of the owner, or of an adult
resident or occupant thereof, except that the same may be personally
delivered to anyone present on the premises who is willing to ac-
cept the same; provided, however, that if any such handbill is
placed or deposited in or upon said premises pursuant to such
written consent it shall only be so placed or deposited as to secure
or prevent such handbill from being blown or drifted about such
premises or elsewhere.
1) Exemption for Mail and Newspapers. The pro-
visions of this Section shall not apply to the
distribution of mail by the United States, nor
to newspapers as defined herein) except that
newspapers shall not be thrown on streets or alleys
or in gutters.
2) Exemption for Religious, Charitable, etc.
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ORD 198ê79wV ×P é ® Organizations. The provisions of this Section
shall not apply to religious, charitable, patri-
otic, philanthropic, social welfare, benevolent,
educational, civic or fraternal groups or organi-
zations, providing such organizations have ob-
tained a permit after making application in
writing therefor pursuant to Section 4250.14
of the Baldwin Park Municipal Code.
42513. Maintenance and Inspection of Records of
Distributor. very handbill distributor shall maintain on
file the written consent of each person within the City who has
consented to the distribution of handbills in or upon the premises
owned by him, or of which he is a resident or occupant, and shall
make such records available for the inspection thereof by the
License Inspector or his representative at a convenient place with-
in the City, at any reasonable hour, upon the request of such
License Inspector or his representative.
4250.14. Distributors License, Fee.
a) It shall be unlawful for any person to
engage in the business of a handbill distri-
butor for hire, or for any person to distri-
bute commercial or non-commercial handbills
without first complying with the terms of this
ordinance and all other relevant laws and regu-
lations; provided, that nothing contained herein
shall apply to any person advertising his busi-
ness or activity upon his own premises, if such
business or activity is regularly established
at a definite location in such city and also if
a license has been obtained therefor, if such
license be required under the terms of any ap-
plicable law or ordinance.
b) Any person desiring to engage, as principal,
in the business of distributing commercial or non-
commercial handbills for hire shall make appli-
cation to and receive from the License Inspector,
a license in the manner and for the period pre-
scribed by the terms of this ordinance and by
all relevant provisions of the Municipal Code
and other statutes. Such applicant shall make
written application to the License Inspector
and upon a form or forms provided for such pur-
poses by the License Inspector. Such forms shall
contain among other things that may be required,
the name, the business address, and a brief des-
cription of the nature of the business to be con-
ducted by the applicant, the probable number of
agents and employees so to be engaged, together
with a request for a license for the period for
which this applicant seeks to engage in such
business.
c) Without excluding other just grounds for
revocation, the City Council, or Chief Adminis-
trative Officer may revoke any license obtained
under an application containing a false or fraudu-
lent statement knowingly made by the applicant
with intent to obtain a license by means of false
or fraudulent representations, or for violation
of this ordinance, or any other grounds specified
by law. Such application shall be accompanied by
the fee hereinafter provided for in this ordi-
nance, except that distributors of purely religious
non-commercial handbills shall not have to pay the
fee prescribed. No license issued under this
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ORD 198ê79wV ×P é ® ordinance shall be transferrable; and if any such
license shall be surrendered by the licensee there-
in named, or shall be revoked for cause, neither the
licensee named in such license, nor any other per-
son, shall be entitled to any refund on any part of
such fee.
d) License fees under the terms of this ordinance,
and for any such purpose shall be in accordance
with the business license ordinance of the B.F.M.C.
Baldwin Park Municipal Code) provided, that persons
acting for licensees, as agents or employees, in the
distribution of any such handbills shall also be
required to obtain a license or pay a fee, and each
such person shall comply with each and all of the
other provisions hereof, and be subject thereto.
Such agent or employee of a licensee shall carry
identification at all times while operating within
the City and shall exhibit same to a police officer
or license inspector upon request. The form of
such identification shall be approved by the License
Inspector.
4250.15. Handbills Offensive to Public Morals, etc.,
Prohibited. It shall be unlawful for any person to post, to
hand out, distribute or transmit any commercial or non-commercial
handbill:
a) Which may reasonably tend to incite riot or
other public disorder, or which advocates dis-
loyalty to or the overthrow of the Government of
the United States or of this State by means of
any artifice, scheme or violence, or which urges
any unlawful conduct or encourages or tends to en-
courage a breach of the public peace or good order
of the community; or
b) Which is offensive to public morals or decency;
or which contains blasphemous, obscene, liberous
or scurrilous language.
4250.16. Dropping Litter From Aircraft. No person in
Vf1f
111W aircraft shall throw out, drop or deposit within the City any
ter, handbill or any other object.
4.250.17. Posting Notices Prohibited. No person shall
post or affix any notice, poster or other paper or device, calcu-
lated to attract the attention of the public, to any lamp post,
public utility pole or shade tree, or upon any public structure or
building, except as may be authorized or required by law.
4250.18. Litter on Occupied Private Property. No
person shall throw or deposit litter on any occupied private
property within the City, whether owned by such person or not,
except that the owner or person in control of private property
may maintain private receptacles for collection in such a manner
that litter will be prevented from being carried or deposited by
the elements upon any street, sidewalk or other public place or
upon any private property.
4250.19. Owner to Maintain Premises Free Of Litter.
The owner or person in control of any private property sha 1 at
all times maintain the premises free of litter; provided, however,
that this Section shall not prohibit the storage of litter in
private receptacles for collection.
4250.20. Litter on Vacant Lots. No person shall throw
or deposit litter on any open or vacant private property within
the City whether owned by such person or not.
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ORD 198ê79wV ×P é ® 4250.21. Receptacles Required to Have Tight Fitting
Lids. All public or private receptacles for the deposit or
collection of litter shall have lids or covers which shall fit
securely thereon or thereto and shall be kept securely fastened
upon such receptacle while it contains litter.
4250.22. Clearing of Litter From Open Private Property
By City.
a) All noxious weeds or vegetation, dry grass,
dead trees, tin cans, rubbish, refuse,-litter, un-
useable or abandoned lumber, automobiles or parts
thereof; cement or concrete or foundation from
dismantled building, buildings in substantial dis-
repair so as to be a health or fire hazard, or
waste matter of all kinds which may endanger or
injure neighboring property or the health, welfare
and safety of residents of the vicinity, are hereby
declared to be a public nuisance.
b) Notice to Remove. The Street Superintendent
or his authorized representative is hereby authori-
zed and empowered to notify the owner, lessee or
occupant of any building, grounds or lot within the
City of the agent of such owner, lessee or occupant
to properly remove and dispose of litter located on
such owner's property. Such notice shall be by
registered mail, addressed to said owner, lessee or
occupant at his last known address.
c) Action Upon Non-Compliance. Upon the failure,
neglect or refusal of any person or agent so noti-
fied, to-properl dispose of any matter described
in subsection af hereof within ten 10) days
after receipt of written notice provided for in
subsection b) above, or within twenty 20) days
after the date of such notice in the event the
same is returned to the City Post Office Department
because of its inability to make delivery thereof,
provided the same was properly addressed to the
last known address of such owner, lessee or oc-
cupant or agent hereof, the Chief Administrative
Officer is hereby authorized and empowered to pay
for the disposing of such litter or to order its
disposal by the City. A copy of the Chief Adminis-
trative Officer's order of removal by the City shall
be mailed to such owner, lessee or occupant, or
agent thereof, at his last known address. Within
seven 7) days after mailing of such order of the
Chief Administrative Officer, the owner, lessee or
occupant shall have the right to appeal such order
to the City Council. The City Council may approve
or rescind the order of the Chief Administrative
Officer.
d) Charge Included in Tax Bill. When the City
has effected the removal of such dangerous litter
or has paid for its removal, the actual cost there-
of, plus accrued interest at the rate of six per
cent 6J) per annum commencing thirty 30) days
from the date of the completion of the work, if
not paid by such owner prior thereto, shall be-
come a lien on said real property upon which the
work was done and shall be charged to the owner
of such property on the next regular tax bill
forwarded to such owner, and said charge shall
be due and payable by said owner at the time of
payment of such tax bill.
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ORD 198ê79wV ×P é ® e) Recorded Statement Constitutes Lien. Where
the full amount due the City is not paid by such
owner within thirty 30) days after the completion
or removal of such litter, as provided for in sub-
sections a) and b) above, then, and in that case,
the Street Superintendent shall cause to be recorded
with the City Clerk a sworn statement showing the
cost and expense incurred for the work, the date
the work was done and the location of the property
on whichsaid work was done. The recordation of
such sworn statement shall constitute a lien and
privilege on the property, and shall remain in
full force and effect for the amount due in principal
and interest, plus costs of court, if any, for col-
lection, until final payment has been made. Said
costs and expenses shall be collected in the manner
fixed by law for the collection of taxes and further,
shall be sub ect to a delinquent penalty of six
per cent 6%~ in the event same is not paid in
full on or before the date the tax bill upon which
said charge appears becomes delinquent. Sworn
statements recorded in accordance with the provisions
hereof shall be prima facie evidence that all legal
formalities have been complied with and that the
work has been done properly and satisfactorily, and
shall be full notice to every person concerned
that the amount of the statement, plus interest,
constitutes a charge against the property designated
or described in the statement and that the same is
due and collectible as provided by law.
4250.23. Penalties. Any person violating any of the
provisions of this Ordinance shall be deemed guilty of a misde-
meanor and upon conviction thereof shall be fined in an amount
not exceeding Five Hundred Dollars $500) or be imprisoned in
the Los Angeles County Jail for a period not exceeding one hundred
100) days or be both so fined and imprisoned. Each day such
violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
4250.24. Separability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
4250.25. Ordinances Repealed. All ordinances and parts
of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
4250.26. Certain Existing Ordinance Not Affected.
This ordinance shall not e deemed to repeal, amend or modify
any ordinance ever ordained, either prohibiting, regulating or
licensing solicitors, canvassers, hawkers, peddlers, transient
merchants, or any person using the public streets or places for
any private business or enterprise, or for commercial sales, not
covered herein.
4250.27. Short Title. This ordinance shall be known and
may be cited as the Baldwin Park Anti-Litter and Handbill Ordi-
nanc e s'
Section 2. The City Clerk shall certify to the
adoption of this ordinance and cause the same to be published or
posted in the manner required by law. This ordinance shall take
effect thirty days after the date of its adoption.
9-
ORD 198ê79wV ×P é ®
ADOPTED by the CITY COUNCIL, signed by the Mayor and
attested by the City Clerk this 6th day of November 1961.
L"etcher Bishop, Mayor~-
A T T E S T:
Thelma L. Balkus, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK
I, THELMA L. BALKUS, City Clerk of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of Baldwin Park and signed
by the Mayor at a regular meeting of the Council held on the 6th
day of November 1961, by the following vote:
AYES: COUNCILMEN HOLMES, BLOXHAM, COLE, LITTLEJOHN AND MAYOR BISHOP
NOES: COUNCILMEN NONE
ABSENT: COUNCILMEN NONE
Thelma L. Balkus, City Clerk
10-
ORD 198ê79wV ×P é ® ORD. No, 198
CERTIFICATE OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDNIN PARK l
I hereby CERTIFY that I am the duly elected and
qualified City Clerk of the City of Baldwin Park; that on the
7 day of November 1961, I caused to be posted in
three conspicuous places a copy of Ordinance No, 198 as re-
quired by law and the Baldwin Park Municipal Code,
THELMA L. BALKUS
City Clerk
SEAL)
bbscrib?d nd s,.-turn to before me fiis
w~-J.,~, J-.~,~`,ary Public
la and for the County of Loa,jn eles, State of Callfa,14
EVA ELDER PUGH
My Commission Lxpnes March 6, 1963
BIB]
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