ORDINANCE NO. 2949
AN ORDINANCE RELATING TO NUISANCES, AMENDING CODE SECTION 9.08.180, CONCERNING DISTRIBUTION OF WRITTEN MATERIALS
DECLARING AN EMERGENCY
WHEREAS, the City of Ashland wishes to update its nuisance provisions to conform with case law regarding the distribution of written materials; and
WHEREAS, the nuisance provision regarding the distribution of notices and advertisements needs to be clarified to allow individuals to distribute notices as long as the distribution does not create a litter problem.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.08.180 [Notices - Advertisements] is hereby amended to read as follows:
A. No person shall scatter, litter, or cause to be scattered, or littered any placards, advertisements, or other similar materials on public or private property.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Emergency. The City Council of the City of Ashland finds that the health, safety and welfare of the City of Ashland and the protections afforded free speech and expression in the Oregon and United States Constitutions, requires this ordinance to have immediate effect. Therefore, the City Council hereby declares the existence of an emergency and this ordinance shall be in full force and effect from the time of its passage by the Council and approval by the Mayor.
The foregoing ordinance was read in full and then by title only at a single meeting of the Ashland City Council in accordance with Article X, Section 2(B) and 2(C) of the City Charter on the 1 day of April, 2008, and duly PASSED by unanimous vote and ADOPTED this 1 day of April, 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this 2 day of April, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
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