Item 22 Staff Report Introduce Ordinance Amending Section 18.10.010 to Prohibit Placement of Handbills to Other Writings on VehiclesCOUNCIL AGENDA
DATE: 10/16/95
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: October 11, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORNEY
SUBJECT: INTRODUCE ORDINANCE AMENDING SECTION 18.10.010 TO PROHIBIT
PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES
RECOMMENDATION:
1. Instruct the Clerk to read the title of the ordinance
2. Waive the reading.
3. Introduce ordinance amending Section 18.10.010 of the Town Code to prohibit placement of
advertisements and other writings on vehicles.
DISCUSSION
The Town has experienced a problem with advertising circulars being put on vehicles in various parts of the
Town. These circulars often end up on the streets as litter. This can be a particular problem during special
events. In addition, some people are placing documents on vehicles that constitute harassment or threats,
but without specific legal authority, the Police Department is not able to stop this type of intimidation unless
the harassment crosses a certain line.
The proposed ordinance would prohibit placing documents on or in a vehicle without the permission of the
owner or operator. Exceptions for public agency needs and compliance with the Vehicle Code are specified.
The proposed ordinance also clarifies that as required by the First Amendment, people may distribute writings
to passers-by if the passers-by voluntarily accept them.
PREPARED BY: LARRY E. ANDERSON, Town Attorney
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N:1ATY\HANDBILL.TCR File #301-05
Attachments: Ordinance
Reviewed by: PiAg Manager
Clerk N Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
ORDINANCE
ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING SECTION 18.10.010 TO PROHIBIT PLACEMENT OF HANDBILLS AND
OTHER WRITINGS ON VEHICLES
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
It is the intention of the Town Council of the Town Council to prohibit the placement of
handbills and other writings on vehicles for 2 specific reasons: 1) to ensure that such materials
are not a litter problem in the Town; and 2) to prevent persons from using this method as a way
to harass or intimidate individuals.
SECTION II
Section 18.10.010 of the Town Code is amended to read as follows:
Sec. 18.10.010. Handbills, magazines, etc.; distribution.
(a) No person shall throw, cast, distribute, scatter, deposit, or place, upon any public
place within the Town, any handbill, dodger, sample, circular, advertisement, newspaper, paper,
booklet, poster, or any other printed matter or literature, except that such an item may be
personally delivered to those who are willing to accept the item, so long as such delivery is
otherwise lawful under this code.
(b) No person shall throw, distribute, or place in or on any vehicle in the Town any
handbill, dodger, circular, advertisement, sample, newspaper, booklet, poster, or any other
printed matter or literature without first having obtained the permission of the owner or operator
of the vehicle. This subsection shall not apply to a duly authorized public employee or other
person acting pursuant to the direction of a public employee in the scope of the public
employee's employment and duties, nor shall it apply to a person complying with the
requirement for notice under Vehicle Code section 20002.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 199_ and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
, 199. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\ATY\HANDBILL.ORD
October 16, 1995
Los Gatos, California
HANDBILLS ON VEHICLES/PROHIBITED/ORDINANCE INTRODUCTION (22.46)
The Town Clerk read the Title of the Draft Ordinance.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the Draft
Ordinance. Carried unanimously.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.010
TO PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES.
Carried unanimously.
TOWN SIGN CODE REQUIREMENTS/MODIFICATIONS (21.46)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council instruct the Planning
Commission to initiate a Town Code Amendment permitting two single faced ground signs.
Carried unanimously.
TOWN PLAZA TASK FORCE (23.23)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report from Mayor
O'Laughlin on the Town Plaza Task Force and suggest to the Town Manager to consider funding
a Plaza Master Plan in the 1996-97 proposed budget. Carried unanimously.
TRANSPORTATION AGENCY BOARD/MEMBER SELECTION/ROTATION PROCESS (24.20)
Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council ratify the new Santa Clara
County Transportation Agency Board and Alternate Member selection and rotation process and
authorize Joanne Benjamin to send the attached letter to the West Valley Mayors. Carried
unanimously.
COUNCIL COMMITTEES (25.20)
Santa Clara County Cities Assoc:
Joanne Benjamin reported that the Cities Assoc. is having their quarterly membership meeting
November 16th, the same day of the Town Employee's Recognition Dinner. They will hold the
meeting at the Hayes Mansion with a panel of five representatives from five different cities to
talk about youth issues: Active Youth Advisory Committee; Education in partnership with
school districts; and Sunnyvale's popular new teen center. This will be an interesting program
to attend if you are interested.
Bay Area Air Quality Management District:
Randy Attaway noted that he was interested in being nominated to the Bay Area Air Quality
Management District Board which has an upcoming vacancy. Mayor O'Laughlin said he would
send a letter stating that Randy has expertise and experience in the field and would be an
excellent resource on the board.
ADJOURNMENT
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at
11:20 p.m. Carried unanimously.
TC: D7: MM 101695
ATTEST:
Marian V. Cosgrove
Town Clerk
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