Title
Consideration of an ordinance regulating the distribution of unsolicited materials.
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
Consider approval of an ordinance regulating the distribution of certain types of unsolicited materials in order to reduce litter in the City.
SOURCE OF FUNDING:
Please provide the amount requested: _NA__________
Is this a budgeted item? Yes /No
Please provide the budgeted amount: $_____________ Account No. ___________________________
If budgeted, is this a capital purchase, capital project, or special fund? _________________________
Was this item included in the Fiscal Year Capital Projects Plan? Yes/No
If yes, please provide the amount included in Capital Projects Plan: $___________
Body
WHEREAS, the City Council of the City of Foley has found that the uncontrolled and unregulated distribution of most types of unsolicited published materials is a major source of litter on both public and private properties; and
WHEREAS, the City Council of the City of Foley has found and declared litter to be a public nuisance and contrary to the health and welfare of the community; and
WHEREAS, the City desires to reduce and eliminate litter in the City;
NOW, THEREFORE, be it ordained by the City Council of the City of Foley as follows:
Section 1. That the City of Foley Ordinance No. 1186-11 Section "Definitions" is hereby amended to add the following definitions:
Handbill. Any printed or written matter, sample, device, dodger, circular, leaflet, pamphlet, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature that is not included in the definition of a "newspaper" or "phone book" and that is not delivered by an employee of contractor of the United States Postal Service into a mail receptacle.
Newspaper. A publication that is published at short, regular intervals, usually not exceeding one week, that routinely reports on a myriad of topics and that is mailed under the second class mailing privilege of the United States Postal Service from a post office where it is published at least 51 weeks a year.
Phone Book. A directory containing an alphabetical list of telephone subscribers and their telephone numbers.
Solicited Handbill. A handbill delivered and left on public or private property at the request and advance, express permission or subscription by the owner or the occupant of the premises.
Unsolicited Handbill. Any handbill delivered, distributed or otherwise left on public or private property, including vehicles, without the owner or occupant of the property expressly requesting or subscribing to the same in advance.
Section 2. That the City of Foley Ordinances No. 1186-11 Section "Definitions" is hereby amended to replace the current definition of "litter" with the following definition:
Litter. All garbage, refuse, uncontainerized manmade solid waste, including but not limited to, paper, plastic, diapers, cigarette butts, bottles, cans, glass, crockery, scrap metal, unsolicited handbills, construction materials, rubbish, disposable packages or containers.
Section 3. That the City of Foley Ordinance No. 1186-11 Section Exceptions is hereby created to read as follows:
Sec. Exceptions.
Notwithstanding anything contained in this Article to the contrary, the delivery of mail by the United States Postal Service into mail receptacles, and the distribution of newspapers, phone directories, and solicited handbills that are placed on public or private property in such a manner as to prevent them from being carried, damaged, or moved by the elements of nature shall not constitute litter or the act of littering.
Section 4. That all ordinances which are in conflict with the foregoing are hereby repealed to such extent required to eliminate the conflict.
Section 5. That this ordinance shall become effective immediately upon is publication as required by law.