HomeMy WebLinkAboutAgenda Report - July 20, 1994 (23)1
Or
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Amendment of Chapter 9.08 of the Municipal Code by Adding
59.08.015, Relating to Advertising Matter Distribution
MEETING,DATE: July 20, 1994
PREPARED BY: City Attorney
RECOMMENDED ACTION: Council consideration and possible introduction of
Ordinance No. 1598 adding Lodi Municipal Code
59.08.015.
BACKGROUND INFORMATION: On many occasions over the last several years it has
coarse to the attention of staff that certain businesses
have advertised by means of attaching bags of stones
to flyers and throwing the flyers from a moving
vehicle.
There have been numerous complaints by citizens regarding the hazard these
flyers present to the public and their property. The draft ordinance attached
would provide a means of preventing this form cf advertising directly without
interfering with other direct delivery methods.
FUNDING: The proposed ordinance would have little or no fiscal impact.
Respectfully submitted,
I 6---
Bob McNatt
City Attorney
BM:pn
CCADVERT.MT/TXTA.01V
APPROVED --- - ---- - -- - -- — - -------------
THOMAS
----.------ THOMAS A PETERSON .ecyuea oaca,
City Managor J
1.
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�✓ ORDINANCE NO. 1598
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NODI
AMENDING CHAPTER 9.08 OF THE LODI MUNICIPAL CODS
BY ADDING A NEW SECTION THERETO RELATING TO
ADVERTISING MATTER DISTRIBUTION - DELIVERY METHODS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 9.08 - Offenses Against Property - is hereby
amended by adding thereto a new Section 9.08.015 relating to
advertising matter distribution - delivery methods, to read as follows:
9.08.015 rtisincv Matter Distribution-- _Delivery Methods:
Declaration of Public Nuisance.
A. The Council hereby declares that the throwing,
depositing or procuring of another to throw or deposit
circulars, handbills, pamphlets, advertisements or other
written materials by attaching to such materials a bag or
bags of stones or other heavy object or objects is a
public nuisance because said stones or other similar
objects may cause serious injury to persons and/or
property when struck, picked -up or propelled by power
lawnmowers, edgers, leaf blowers, string trimmers or
other lawn and/or garden care equipment or when thrown
from moving vehicles and shall therefore be abated
pursuant to procedures set forth herein. These
procedures for abatement are not exclusive and shall not
in any manner limit or restrict the City from enforcing
other City ordinances or regulations or abating public
nuisances in any other manner provided by law.
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Nuisance Prohibited:
B. it is unlawful and an infraction for any person to throw,
deposit or to procure another to throw or deposit.a
circular, handbill, pamphlet, advertisement or any other
written material onto any public or private property when
said circular, handbill, pamphlet, advertisement or other
written material has attached to it a bag containing
stones or other heavy object or objects or otherwise has
been rolled, wrapped or packaged with a heavy object or
objects enclosed with or affixed onto said circular,
handbill, pamphlet, advertisement or other written
material.
SECTION 2. All ordinances and parts of ordinances in conflict herewith
are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
News Sentinel", a daily newspaper of general circulation printed and
published in the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Attest:
JENNIFER M. PERRIN
City Clerk
Approved this day of
JACK A. SIEGLOCK
Mayor
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State of Californ-�''
County of San Joaquin, as.
I. Jennifer M. Perrin, City Clerk of the City of Lodi, do.hereby
certify that Ordinance No. 1598 was introduced at a regular meeting of
the City Council of the City of Lodi held July 20, 1994 and was
thereafter-p4ssed,, adopted and ordered to print at a regular meeting of
said Council held , 1994 by the following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1598 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
Approved as to Form
BOBBY W. MCNATr
City Attorney
ORD1598/TXTA.01V
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JENNIFER M. PERRIN
City Clerk