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ORD-42-70 REPEALS CERTAIN PROVISIONS OF THE ORANGE MUNICIPAL CODE RELATIING TO THE DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL HANDBILLSij!l.~IGE CITY NEWS: u please publish Wednesday, December 30 lQ70 0111. I d PR f bl . "t" " V 1 ant Ben' ~OOF and Proof 0 pu ication to City Clerk P 0 Jlox 4' q o~ C' I" f L, l.ange, a ~ . 92669.E}HLY L. ~~II.S()i1, Citv CIEnk ORDINANCE NO. 42-70 t:j-iJ I I THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN I AS FOLLOWS:i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING AND REPEALING CERTAIN PRO-VISIONS OF SECTIONS 6302, 6302.1, 6302.4,6302.5, 6302. 7, AND 6302.8 OF THE ORANGE MUNICIPAL CODE RELATING TO THE DISTRIBUTION OF COMMERCIAL AND NONCOMMERCIAL HANDBILLS. SECTION I:subsection (c) of Section 6302 of the Orange Municipal Code defining " Newspaper," is hereby repealed.SECTION II:Section 6302.1 of the Orange Municipal Code is hereby amended to read as follows:Section 6302.1 THROWING HANDBILLS IN PUBLIC PLACES PROHIBITED It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any commercial or noncommercial handbill in or upon any public place within this city; provided, however, that it shall not be unlawful for any person to hand out or dis- tribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such commercial or noncommercial handbill."SECTION I II :Sec tion 6302.4 of the Orange Municipal Code shall be amended to read as follows:Section 6302.4 DISTRIBUTION OF HANDBILLS IN A MANNER TO CAUSE LITTERING PROHIBITED It shall be unlawful for any person to distribute,deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any private premises except as hereinafter provided. Any distribution of any commercial or noncommercial handbill shall be in accordance with the provisions contained herein and such handbill shall be placed or deposited in or upon said premises in such a manner as to secure or prevent such handbill from being blown or drifted about such premises or elsewhere." Commercial or noncommercial handbills may be distributed to private premises as follows:1- 1) By personal delivery to anyone present at the premises who is willing to accept said handbill. 2) By placement or deposit of any commercial or non- commercial handbill on said private premises in a manner as to secure or prevent such handbill from being blown or drifted about such premises or else- where, provided, however, that no such non- personal delivery to any private premises shall be permitted if any owner or occupant of any private premises has requested that no such delivery be made."SECTION IV:Section 6302.5 of the Orange Municipal Code is hereby repealed and reworded as follows:PROHIBITING DISTRIBUTION ON PRIVATE PREMISES PROPERLY POSTED Section 6302. 5 It shall be unlawful for any person to distribute,deposit, place, throw, scatter or cast any commercial or noncommercial handbill upon any premises, if requested by the owner or occupant thereon not to do so, or if there is placed on said premises in a con-spicuous position near the entrance thereof a sign bearing the words, I No Trespassing, I 'No Peddlers or Agents,' 'No Advertisements,' 'No Handbills,' or any similar notice indicating in any manner that the owners or occupants of said premises do not desire to be molested or have their right of privacy dis-turbed, or to have any such handbills left on said premises."SECTION V:Section 6302.7 of the Orange Municipal Code is hereby repealed and reworded as follows:Section 6302.7 METHOD OF DISTRIBUTION OF HANDBILLS No person shall deliver or deposit conunercial or non-commercial handbills on any private premises unless such person distributes such handbills while traveling as a pedestrian or by bicycle and unless such person shall distribute such handbills during the hours between sunrise and sunset. Provided, however, that distribution may be made during hours of dar~ness by distributors traveling as other than pedestr~ans o~by bicycle to private premises the occupants of wh~ ch premises are regular subscribers to the material dis tributed. 11 SECTION V: section 6302.8 of the Orange Municipal Code is hereby repealed and reworded as follows: Section 6302.8 APPLICABILITY TO NEWSPAPERS Notwiths tanding any provisions of this code to the contrary, the provisions of Section 6302 through Sec tion 6302.7 shall be applicable to 'newspaper. "' SECTION VI: This ordinance shall be published once within fifteen (15) days after its passage in the Orange City News, a newspaper of general circulation, published and circulated in the City of Orange, and shall take effect thirty (30) days from and after the date of its final pas sage. ADOPTED this 22nd day of December 19 70 1~ ATTEST: EMILY L. WILSON, City Clerk j.:-k'v.;;t;:-Orange STATE OF CALIFORNIA )COUNTY OF ORANGE ) ss.CITY OF ORANGE )I, EMILY L. WILSON, City Clerk of the City of Orange, Californi~DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regular meeting of the City Council duly held on the 8th day of December, 1970, and thereafter at a regular meeting of said City Council duly held on the 22nd day of December, 1970, was duly passed and adopted by said City Council, and that said ordinance was passed and adopted by the following vote, to wit:AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN : JORDAN, HILEMAN, HOYT, PEREZ, SMITH NONE NONE WITNESS my hand and seal this 23rd day of December, 1970.EMILY L. WILSON City Clerk ,C tveL.-ltL ));.1 :I;',>Cc~by: Charlotte M. J9hnston Deputy City Clerk SEAL) 3-