Ordinance 1372•
ORDINANCE NO. 1372
AN URGENCY ORDINANCE OF THE CITY OF
CUPBRTINO AMENDING SECTION 10.52.010 OF
CHAPTER 10.52 DISTRIBUTION OF HANDBILLS
AND ADVERTISEMENTS OP TITLE 10 OF THE
CUPERTINO MUNICIPAL-CODE AND STATING THE
s. r ~`'--: ,° REASONS FOR SUCH URGENCY. -
WHEREAS, Chapter 10.52 of the Cupertino Municipal
Code regulating the distribution of handbills and
advertisement does not define the term commercial
advertising as used in that Chapterf and
WHEREAS, clarification is required as to wfiether
handbills of apolitical nature are considered
commercial advertising under Section 10.52.010 and.
subject to regulation= and
WHEREAS, the City Council of Cupertino desires to
define commercial advertising for purposes of Section
10.52.010 ao as to exempt written and printed material
of a-political nature from its distribution regulation
ao as not to interfere with the diaeeminatioa of
political information.
NOW, THERBFORE, BE IT ORDAINED that the City of
Cupertino hereby amends Section 10.52.010 of the.
Nnnicipal Code to read as folloxs:
Section 1 - Amendment
10.52.010 Unlawful. it is unlaxful for any person,
'f rm or corporat on to place, distribute or throw°or
°cauae to be placed, distributed or thrown, upon any
street, alley or public place or upon any private yard,
lawn, driveway, sidewalk, porch or steps of any
residence or upon or in any part of any structure or in
any receptacle designed for receiving mail, or upon any
vacant property, or upon or in any automobile, within
the-City, any commercial handbills provided, that
nothing in this sect on s a e deemed to apply to, nor
` prohibit the distribution and delivery of any newspaper
which'is capable of being, and is, entered as second
class matter under the provisions of the United States
Post Office Regulations of March 3, 1879, and other
United States Statutes.
[CC.1(al] 1
•
/ Commercial handbill--defined. "Commercial
handbill" shall mean and include any printed or written
matter, any sample or device, dodger, circular, leaflet,
pamphlet, paper, booklet, or any other printed or
otherwise reproduced original or copies of any matter or
literature other than those written matters of a
political natures
1. Which advertises for sale any merchandise,
product, commodity, or thing) or
2. Which directs attention to any business or
mercantile or commercial establishment, or other
activity,~for ttse purpose of either directly or
indirectly promoting the interests thereof by salsas
provided that nothing in this clause shall be deemed to
apply to a directory or a listing of business,
mercantile or commercial establishments distributed as a
community service by a non-profit organization= or
3. Which directs attention to or advertises
any meeting, theatrical performance, exhibition, or
event of any kind, for which an admisasion fee is
charged for the purpose of private gain or profit. The
terms of this clause shall not apply where an admission
fee is charged or a collection is taken up for the
purpose of defraying the expenses incident to such
meeting, theatrical performance, exhibition or event of
any kind, when either of.the same is held, given, or
taken place in connection with the dissemination of
information which is not restricted under the ordinary
rules of decency, good morals, public peace, safety and
good order? provided, that nothing contained in this
.;clause shall be deemed to authorize the holding, giving
,or,taking place of any meeting, theatrical performance,
exhibition, or event of any kind without a license where
such license is or may be required by any law of the
state, or under say ordinance of the city) or
4. Which, while containing. reading matter
-.other than advertising matter, is predominantly and
essentially an advertisement, and is distributed or
circulated for advertising purposes, os for the private
benefit and gain of any person so engaged as advertiser
or distributor.
Section 2 - UraencY Ordinance
(CC.lfa)] 2
~ i
This ordinance is an urgency measure necessary
for the immediate preservation of the pubic health,
safety, and welfare and shall become and be effective
immediately upon adoption. The facts constituting said
urgency area
1. The express exemption of political
literature and written matter from the distribution
regulations imposed on commercial handbills and advar-
tiaamnnt is necessary to assusa that the constitutional
rights of Cupertino's citizens to receive political in-
formation in the form of handbills will not be inter-
f~red with by Chapter 10.52 distribution control
measures. The immediate enactment of this ordinance is
necessary due to the forthcoming political elections.
Section 3 - Effective Date
The provisions of this urgency ordinance shall be
effective at 12:01 a.sa., v.P e~ ;, 1986.
Section 4 - Publication
The City Clerk shall cause Chia ordinance to ba
published at least once in a newspaper o! general
circulation published and circulated in the City within
fifteen (15) days after its passage, in accordance with
Section 36933 of the Government Codef shall certify to
the adoption of this ordinance and shall cause this
ordinance and her certification, together with proof of
publication, to be entered in the Book of Ordinances of
the Council of this City.
PASSED AND ADOPTED at a regular seating of the City Council of
the Citq of Cupertino this 5th day of May . 1986 by
the following .vote:
Vote: Members of the City Council
AYES: Gatto, Johnson. Plungq. Rogers
NOES: Nona
ABSENTT ' Spaiks
ABSTAIN: None
ATTES ~" APPROVED:
~- ,~ _~c~' ry _
61t Clerk / or, City of Cupert