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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. -- 1 -- (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 - 2 - 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 - 3 -