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Ordinance 1995-08 ORDINANCE NO. 95-9 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CODE OF ORDINANCES AS HERETOFORE AMENDED TO REGULATE THE DISTRIBUTION OF HANDBILLS; PROVIDING FOR DEFINITIONS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, distribution of handbills in commercial and residential areas within the City of Wylie is a major contributor to the accumulation of litter; and, WHEREAS, the City Council has determined that handbills should be regulated to control of litter and promote a cleaner community; and, WHEREAS, the City Council desires to take appropriate action to prevent the accumulation of litter and debris within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION 1. That the Wylie Code of Ordinances, as heretofore amended, is hereby amended to add the following Section 10: Regulation of Handbills to Chapter 7: OFFENSES & NUISANCES Section 10.1. DEFINITIONS. Handbill shall mean any brochure, flyer, coupon, placard, printed, pictured or written matter, commercial or non-commercial advertisement of any kind, or any advertising device distributed to persons at large by any means other than by the U.S. Postal Service. Section 10.2. DEPOSITING ON PRIVATE PROPERTY. (a) It shall be unlawful for any person to throw, deposit, distribute or cause to be distributed any handbills in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private property; provided, however, that such handbills may be placed or deposited in or upon such inhabited private property if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such property or sidewalk or street and other public places, and except, that mailboxes may not be so used when prohibited by United States postal laws or regulations. (b) It shall be unlawful for any person to throw, deposit, distribute or cause to be distributed any handbill upon a residence conspicuously posted with signs that indicate "no handbills", "no advertising", "no soliciting" or any similar notice indicating that the occupants of the premises do not want their premises to receive such items. (c) The provisions of this section shall not apply, however, to the distribution of United States mail nor to newspapers, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street sidewalk or other public place or other private property. Section 10.3. DEPOSITING ON OR IN VEHICLES It shall be unlawful for any person to throw, deposit, distribute or cause to be distributed or attached any commercial or non-commercial handbills in or upon any vehicle; provided that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a non-commercial handbill to an occupant of a vehicle who is willing to accept it. Section 10.4. DISTRIBUTING IN CITY PARKS It shall be unlawful for any person to throw, deposit, distribute, hand out, paste, post or cause to be distributed or attached by any means any commercial or non- commercial handbill in, upon, or in the immediate vicinity of city park premises whether or not recipients are willing to receive such items. Section 10.5. DEPOSITING ON SIDEWALKS. OTHER PUBLIC PLACES It shall be unlawful for any person to throw, deposit, distribute or cause to be distributed any commercial or non-commercial handbills in or upon any sidewalk, street, or public place; provided that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof a non-commercial handbill to a person on such sidewalk, street, or public place who is willing to accept it. Section 10.6. DEPOSITING ON VACANT PROPERTY It shall be unlawful for any person to throw, deposit, distribute or cause to be distributed any commercial or non-commercial handbills in or upon any private premises or property that is temporarily or continuously uninhabited or vacant. Section 10.7. PASTING. POSTING. ATTACHING It shall be unlawful for any person to paste, stick, tack or place any advertisement, handbill, placard or any printed, pictured or written matter or other thing whatsoever upon any house, wall, building, fence, railings, building, sidewalk or other property, public or private, without the permission of the owner or the person in charge thereof. Section 10.8. PERSONS DEEMED GUILTY OF VIOLATION For the purposes of this ordinances, a person shall be considered to have caused the violation of the provisions established herein if he distributes or causes the distribution of the materials and he shall be deemed to have caused such distribution if his name appears on the handbill as the solicitor of business or producer of a message, or if he is the owner, manager or person in control of the business or organization for which the handbills are distributed. SECTION 2. Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION 3. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION 4. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 5. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION 6. The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11 th day of April, 1995. / I~ By /. / ~ i(' ;:(tf~c JiryT'Swartz t ~ayor , ATTEST 'fY[~'f1!~ - ��. �d � 5�� T � �� ��S P.O. Box 369 R'ylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN . Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Coliin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the forgoing attached C7T� DF G1yLI� - Un.d,�.naKCe Na. 8�Gvcaugh 10 May 10 , 1995 and ,1995. Cha gbrock Subscribed and sworn to before me this the day of , 1995 to certify which witness my hand and seal of office. 1+��Y� � CWK �'. �"� ' o M Not�.�`! �ublio �, t= ��°� 5t»�t0 ot'�ox e < � ` � : CQmm• Exp� = � m� �r NN '/ "Mt or'� Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 URDINANCE NO. 95-8 AN ORDINANCE OF THE CITY OF WYLIE, 'i'EXAS, AMENDING THE WYLIE GODE OF ORDI- NANCES AS HERETOFORE AMENDED ~TO REGULATE TI~ DISTRIBUTION OF HAND- BILL$; PROVIDING FOR DEFI- NITIONS; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEV- ERABILTTY CLAUSE; AND PRO- VIDING FOR_ AN EFFECTIVE DATE. . CITY OF Wl'I-~ M a r y Nichols, City Secretary 49-1t-c.