HomeMy WebLinkAbout4040 AN ORDINANCE regulating public distribution
of Advertising Matter and repealing existing
Ordinances No. 167 Sec. 1; Ordinance
No. 133 Sec. 1, 2, 3 & 5, Ordinance
1468 Sec 2, and Ordinance 3625 Sec 1.
THE CITY Council of the city of Bremerton does hereby
Ordain:
SECTION 1. LICENSE REQUIRED
It is unlawful for any person to engage in the business
of distributing advertising matter, outside of an established
place of business. This includes, but is not limited to,
circulars, handbills, doorknockers, business cards, samples and
other advertising matter in the city of Bremerton without first
obtaining a license from the City as provided in this chapter.
SECTION 2. LICENSE FEE
The license fee for an advertising license is hereby
fixed at One Hundred Fifty Dollars annually'All licenses issued hereunder
shall expire on June 30th of each year and shall not be transferable. Licenses
shall be pro-rated on a monthly basis.
In the event that the license fee is not paid within
fifteen days of the due date, there shall be levied a delinquency
fee of three dollars or ten percent of the annual gross license
fee due plus delinquent charges, whichever is greater.
SECTION 3. SPECIAL LICENSE FEE
In the event an individual or firm should want to do a
one-time advertising campaign, a special fee of Twenty Five
Dollars will be required. This one-time advertising campaign
shall be held for a period not to exceed 30 consecutive days.
SECTION 4. EXEMPTIONS
The following are exempt from the requirements of this
ordinance:
(1) Political candidates advertising during their
campaigns.
(2) County, State or Federal ballot issues.
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(3) Local school levies or bond issues.
(4) Municipal ballot issues or levies.
(5) Real Estate signs.
SECTION 5. OBSGENITY UNLAWFUL
The license provided for in this chapter shall not au-
thorize the painting, posting or distributing of any obscene
pictures or literature or other matter. Obscene material is
defined as is set forth in RCW - Title 9A.
SECTION 6. RESTRICTIONS
Handbills, flyers and other advertising matter cannot
be placed on motor vehicles on public or private property (i.e.,
streets, public garages, right-of-ways, parking lots, etc.)
SECTION ?. PENALTY FOR VIOLATION
Any person violating any of the provisions of this
chapter is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine in a sum not to exceed five hundred
dollars.
SECTION 8. HEARING EXAMINER
(a) License-Revocation - The City Clerk may revoke the
license whenever he/she shall have reason to believe that the
licensee has violated any of the provisions of this Chapter. In
the event the Oity Clerk shall revoke the license (s) he shall
cause to be served upon the licensee an order by certified mail
which states the reasons therefore and the licensee's appeal
rights. Such revocation shall take effect fourteen (14) calendar
days from the date of receipt of notice by certified mail, unless
the licensee fi/es a written appeal with the office of the
Hearing Examiner before the effective date of the City Clerk's
administrative decision of revocation.
(b) ADDeal of License Revocation - Any person whose
license is revoked by the City Clerk may appeal such revocation
in writing to the Office of the Hearing Examiner within fourteen
(14) calendar days from the time notice of 'the City Clerk's
intent to revoke his or her license. Any subsequent hearing
before a hearing examiner shall be conducted in accordance with
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the procedures for conducting hearings on appeals of
administrative decisions in the Administrative Procedures
Ordinance of the City (Ordinance No. 3961). The determination
appealed from shall be regarded as prima facie correct. The
examiner may affirm or reverse the final decision of the City
Clerk. The decision of the examiner shall be final unless a
petition for reconsideration by the examiner is accepted or
appeal of the examiner's decision is taken to the City Council
pursuant to the provisions of the Administrative Procedures
Ordinance.
APPROVED by the City Council on the first reading this
day of ~,~~ , 1986.
PASSED by the City Council of the City of Bremerton,
signed by the Mayor and attested to by the City Clerk in
authentication of such passage this ~ day of
ATTEST:
KATHLEEN L. MCCLUSKEY, City Clerk
Director of Administrative Services
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