Item 22 Staff Report Adopt Ordinance of the Town of Los Gatos Amending Section 18.10.010 to Prohibit Placement of Handbills and Other Writings on Vehicles414
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: October 27, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: LARRY E. ANDERSON, TOWN ATTORN
SUBJECT:
COUNCIL AGENDA
DATE: 11/6/95
ITEM NO. rl.
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ADOPT ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
18.10.010 TO PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON
VEHICLES
RECOMMENDATION:
Adopt ordinance (Attachment 1) that was introduced by the Council at its meeting on October 16, 1995.
Further reading was waived at that time.
PREPARED BY: LARRY E. ANDERSON, Town Attorney
LEA: LMB1wp
N:WTY\HANDBILL.CNL
Attachments: Attachment 1- Ordinance
10/27/95 12:15 pm
File #301-05
Reviewed by: Manager
Clerk 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
ORDINANCE 2004
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 October 16, 1995 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 November
6, 1995. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
INTERNAL TRACKING
DEPTMENT:
AGENDA ITEM:
RESO/ORD NUMBER: oo
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I?ATE
By
LIST IN BOOK
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ON DISC OR SHARE. FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
fi //ZJ
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
POSTED
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
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MY
CODIFICATION IF ORDINANCE !
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November 6, 1995
Los Gatos, California
HANDBILL PROHIBITION/ON VEHICLES/ORDINANCE 2004 (22.46)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2004 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.010 TO
PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES, which
was introduced by the Council at its meeting on October 16, 1995. Carried unanimously.
BELLA VISTA WAY 371/RESIDENTIAL DEVELOPMENT/ORDINANCE 2005 (23.09)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2005 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 RELATING
TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 371 BELLA VISTA WAY, which
was introduced by the Council at its meeting on October 16, 1995. Carried unanimously.
HAZARDOUS WASTE FACILITIES/DEFINED/REGULATED/ORDINANCE 2006 (24.07)
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2006 entitled,
ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.10.020, 29.20.185
AND 29.20.190 OF THE TOWN CODE TO DEFINE AND REGULATE HAZARDOUS WASTE
FACILITIES, which was introduced by the Council at its meeting on October 16, 1995. Carried
unanimously.
HEARING
LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE/PAINT BOOTH (25.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to
consider appeal of Planning Commission decision approving a request to operate automobile
related services including retail tire sales and service, body work, general automotive repair, and
automobile painting and detailing within an existing automobile service facility in the CH zone.
This appeal is to permit additional time for the removal of an existing paint booth. Property
located at 15553 Los Gatos Boulevard. Appellant: D'Amico Tire Service Company,
Incorporated.
The following people from the audience spoke to this issue:
Jim D'Amico, 11070 Mt. Hamilton Road, San Jose, owner of the automotive center, had agreed
to the closing of the spray booth, but asked for additional time to close the existing business for
relocation purposes.
Ron Chinitz, 15560 Benedict Lane, lives behind the building and would like the business abated
immediately.
Joe Doody, 15544 Benedict Lane, asked for a speedy closure to the spray paint business.
Troy Jaramillo, 15589 Benedict Lane, asked for a speedy resolution.
Eric McKenna, 15573 Benedict Lane, opposed the spray paint operation.
Maria Etha, worker at 15553 Los Gatos Blvd., spoke of the care taken to mitigate the paint
fume problem and the diligence in looking for another location to move to.
Maurice Sharetta, spoke of urgently looking for a new location for his business.
No one else from the audience addressed this issue.
Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried
unanimously.
TC: D7: MM110695
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