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HomeMy WebLinkAbout2949 Distribution of Written Materials ORDINANCE NO. g.C\ l4 Cl AN ORDINANCE RELATING TO NUISANCES, AMENDING CODE SECTION 9.08.180, CONCERING DISTRIBUTION OF WRITTEN MATERIALS DECLARING AN EMERGENCY WHEREAS, the City of Ashland wishes to update its nuisance provisions to conform with case law regarding the distribution of written materials; and WHEREAS, the nuisance provision regarding the distribution of notices and advertisements needs to be clarified to allow individuals to distribute notices as long as the distribution does not create a litter problem. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.08.180 [Notices - Advertisements] is hereby amended to read as follows: A No person shall scatter, litter, or cause to be scattered, or littered any placards, advertisements, or other similar materials on public or private property. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Emergency. The City Council of the City of Ashland finds that the health, safety and welfare of the City of Ashland and the protections afforded free speech and expression in the Oregon and United States Constitutions, requires this ordinance to have immediate effect. Therefore, the City Council hereby declares the existence of an emergency and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor. The foregoing ordinance was read in full and then by title only at a single meeting of the Ashland City Council in accordance ith ~rticle X, Section 2(8) and 2(C) of the City Charte on the / day of 2008 and duly PASSED by una ous vote and ADO TED this , 2008. Barbara M. Christensen, City Recorder SIGNED and APPROVED this .2 day Of~ 2008. Re . ewed by: Ordinance No. 'J-Cll.tq Page 1 of 1 ORDINANCE NO. ~Q 4 q AN ORDINANCE RELATING TO NUISANCES, AMENDING CODE SECTION 9.08.180, CONCERING DISTRIBUTION OF WRITTEN MATERIALS DECLARING AN EMERGENCY Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are in bold underline. WHEREAS, the City of Ashland wishes to update its nuisance provisions to conform with case law regarding the distribution of written materials; and WHEREAS, the nuisance provision regarding the distribution of notices and advertisements needs to be clarified to allow individuals to distribute notices as long as the distribution does not create a litter problem. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 9.08.180 [Notices - Advertisements] is hereby amended to read as follows: A. No person shall affix or cause to be affixed a placard, bill, aEl'Jertisement, or poster upon real or personal property, public or private, .....ithout first securing permission from the owner or person in control of the property. This section shall not be construeEl as an amendment to or a repeal of any regulation nO'lJ or hereafter adopteEl by the Cit}. regulating the use and 10Gation of signs and ad':ertising. 8- No person shall scatter, litter, Elistribute, or cause to be scattered, or littered 9F Elistributed on public or private property any placards, advertisements, or other similar materials on public or private property. C. This section does not prohibit the distribution of advertising materials during a parade or appro\'ed public gathering. SECTION 2. Severability.. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Emergency. The City Council of the City of Ashland finds that the health, safety and welfare of the City of Ashland and the protections afforded free speech and expression in the Oregon and United States Constitutions, requires this ordinance to have immediate effect. Therefore, the City Council hereby declares the existence of an emergency and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor. Ordinance No.:t-qqq Page 1 of2 The foregoing ordinance was read in full and then by title only at a single meeting of the Ashland City Council in accordance with Arti Ie X, Section 2(8) and 2(C) of the City Charter on the / day of . , 200 I and duly PASSED by unanimous vote and ADOPTED this '/ day of I 2008. . / , /f{ //L'~ //laIur. ~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this L day o~ d ,2008. Reviewed by: Ordinance No. g..q Ll Cl Page 2 of2