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ORDINANCE 232ORDINANCE NO. 232. AN ORDINANCE OF TEE CITY OF EL SEGUNDO9 CALIFORNIA, BEGULATING THE DISTRIBUTION OF HANDBILLS. The City Council of the City of E1 Segundo, Cali- fornia, does ordain as follows: SECTION 1. Definitions; The following vuo rds, terms and phrases when used in this ordinance have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "Person" includes any person, firm, partner- ship, association, corporation, company, or organization of any kind. (b) "Handbill" includes any printed or written advertising matter, any sample or device, dodger, circu- lar, leaflet, pamphlet, newspaper, paper, booklet, or any other printed matter or literature. SECTION 2. Distributing on Public Property. It shall be unlawful for any person, either directly or indirectly, to deposit, place, throw, scatter, or cast, any handbill in or on any public thoroughfare, park, ground or other public place within the City of E1 Segundo; the pro- visions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to any person willing to accept such handbill. SECTION 3. Placing in Vehicles. It shall be unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter or cast, any handbill in or upon any automobile or other vehicle; the provisions of this section shall not be deemed 1- x t� v 1.535 sidewalk, cross walk, curb, curbstone, lamp post, hydrant, street sign or post, tree, railroad, trestle, electric light or power pale, telephone, telegraph or trolly -wire pole, or upon any fixture of the fire alarm, police or telegraph systems or lighting systems of the City of 151 Segundo. S CTION 8. zxemptions. ,xhe provisions of this ordinance shall not be deemed to apply to the distribution of the United States mail, nor to the delivery of any handbill to any person who has requested delivery of same; nor to the posting of legal notices by public officers or attorneys in the manner and place or places prescribed by law, or to permanent signs painted on buildings, or signs advertising the business painted on buildings,; or signs advertising the business conducted on the premises, or to official numbers, insignia or wording placed upon any such buildings, structures, hydrants, palls, posts, sidewalks, cross- walks, curbs, curb stones or fixtures, by or with the consent of the owner or person in charge or control thereof. SECTION 9, Severability. If any provision of this ordinance, or its applica- tion to any person or circumstance, is held invalid, the remainder of the ordinance, or the application of the provi- sion to other persons or circumstances, is not affected. SECTION 10. Penalty. That any person, violating any of the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine not exceeding ;300.009 or by imprisonment inthe County jail of Los Angeles County, California, or in the City Jail of said City of s1 Segundo, California, as the committing magistrate may direct, for a period of not to exceed three months, or by both such fine and imprisonment in the discretion of the Court_ SECTION 11. That ordinance loo. 165 of the City of El Segundo, entitled: 3- "AN ORDINANCE OF THE CITY OF EL 9EGUND09 CALIFORNIA, REGULATING THE DISTRIBUTION OF HANDBILLS AND OTHER PALWBLETS , NOTICES AND ADVERTI,SEAENTS , AND THE POSTING OF STICKERS OR OTHER .PLACARDS OR NOTICES WITHIN SAID CITY, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THER WITH." , passed and adopted on the first day of November, 1929, and all ordinances and parts of ordinances in conflict herewith, are hereby repealed. SECTION 12. That this ordinance shall take effect and be in full force and virtue thirty (30) days from and after the date of the final passage and adoption thereof. SECTION 13. That the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the official paper of said city, to -wit: the E1 Segundo Herald, a weekly newspaper printed, published and circulated within said City, and which is hereby designated for that purpose. Passed, approved and adopted this 7th day of August , A. D., 1940. ayor or e ulzy or egun o, California. (SEAL) 4- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 232 , was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 7th day of August ---$ A. D., 1940, and that the same was so passed and adopted by the following vote: AYES : Councilmen Gerow, Hesser, Selby and Mayor Binder _ ; NOES: Councilmen None i ABSENT: Councilmen Loyp • 5- CL$RK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) I, Victor D. McCarthy, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 232 , is a full, true and correct original of Ordinance No. 232 , of the said City of E1 Segundo, California, entitled: "AN ORDINANCE OF THE CITY OF EL S$GUNDO, CALIFORNIA , REGULATING THE DISTRIBUTION OF HANDBILLS ." . which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 7th day of August , 19400 and that the same was so passed and adopted by the following vote: Ayes: Councilmen Gerow, Hesser. Selby and Mayor Binder Noes: Councilmen None ; Absent: Councilmen move I do hereby further certify that pursuant to the provisions of Section 878 of Act 5233 of the General Laws of the State of California, (Deering 1923 Edition), as amended to date, that the foregoing ordinance No. 232 , was duly and regularly published according to the law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within the said City, and that the same was so published therein on the following date, to -wit: August 8th. 1940. WITIZSS my hand and the seal of said City this 9th day of AuLnist , A. D., 1940. ( SEAL ) M /TZ'tAyclerk of t e City of E1 Segundo, California . Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss. CITY OF EL SEGUNDO, Frank L. Sno w .................. ............................... ....................... ................being first duly sworn, deposes and says: That he Is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California; that he was, at, and during all of the time of the publication of the instrument hereunto attached the ............ _ ................................................. .......................... . . . .. .........Pali t AT ---......-.............-......-----------................--------------.....................- TlWmt= and publisher of EL SEGUNDO HERALD, a newspaper of general circulation, printed, pub- lished and circulated WEEKLY in the City of El Segundo, in said County and State; that said news- paper had been so printed, published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexed; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general circulation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general ~ character, having a bona fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the enter- tainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or demoninations, and that said news- paper i-s not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed or otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denominations, or any of such classes, professions, trades call- ings, races or denominations. That the notice, order, ordinance, resolution or instrument hereunto attached on page........ numbered ................................................................ ............... ......L...A - - - -- ----------------.....-------------------------- - - - - -- _-- - - - - -- _--- - - - - -- - ........... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true, and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black-face .type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the _ Ordinance -..No .. .. .... 23.P ...... ng ... Dist _ri -bu lon___of__Handbill$) of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ... ...Once..... meek - -.... by ...................... .......... ess+ssSOMM publication -..., ammus1MeMii■s on the ....... $ Yl...... day of ----- -- - - - -- --- ---- JIU.gtte- t...... A. D. 19JO..... and ending asn"o ............................ dep 8i — ............... ........ ....................... AM&P Age ......... - Su7.ro', ed .. City Clerk of the of Los A] _Thursday.,- ...August. -• 8x - 194Q .................................... S�� ...... •. : : :: - to before me this .10.. . A. D. State of By Deputy City Clerk of Said City. Y -34 to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of any auto- mobile or other vehicle. SECTION 4. Distributing on Private Property. It shall be unlawful for any person, either directly or indirectly, to distribute, deposit, place, throw, scatter, or cast, any handbill in or upon any private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building, or any other private property; the provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill to the owner or other occupant of said private yard, grounds, walk, porch, steps, mailbox, vestibule, house, residence, building or other private property. SECTION 5. Posting Property. It shall be lawful for the owner or the occupant of any property to place a sign in a conspicuous entrance thereof indicating that no handbills and when such property is so signed or posted lawful for any person to go upon said premise posted and distribute, deposit, place, throw, any handbill. place near the are desired; it shall be un- s or property so scatter, or cast, SECTION 6. Hours of Distribution Limited. It shall be unlawful for any person to distribute any handbill between the hours of 5 P. T. of any day and S A. 17. of the following day., SECTION 7. Sniping Prohibited. It shall be unlawful, within the City of E1 Segundo, for any person to post, print, stick, stamp, tack, or other- wise affix, or cause the same to be done by any other person, any handbill, notice, placard, bill, card, poster, sticker, banner, tin sign, advertisement or other device calculated to attract the attention of the public to or upon any public 2-