City of Long Beach - File #: 14-0547

• File #: 14-0547
• Version: 2
• Name: CA - Public Distribution of Handbills
• Type: Ordinance
• Status: Adopted
• File created: 7/14/2014
• In control: City Council
• On agenda: 8/5/2014
• Final action: 8/5/2014
• Title: Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 5.46.060, relating to the public posting prohibited, read and adopted as read. (Citywide)
• Sponsors: City Attorney
• Code sections: 5.46.060 - Advertising distribution hours.

Date	Ver.	Action By	Action	Result
8/5/2014	2	City Council	approve recommendation and adopt	Pass
7/22/2014	1	City Council	declare ordinance read the first time and laid over to the next regular meeting of the City Council for final reading	Pass

TITLE

Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Section 5.46.060, relating to the public posting prohibited, read and adopted as read.  (Citywide)

DISCUSSION

Due to recent changes in the law, the City cannot limit freedom of expression by prohibiting the distribution of handbills or other printed or written materials in public places.  As a result, Long Beach Municipal Code Section 5.46.060 is unconstitutional.  Amending the ordinance is a preemptive measure to ensure consistency with current law as the existing ordinance has not yet been challenged in court.

SUGGESTED ACTION

Approve recommendation.

BODY

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY AMENDING SECTION 5.46.060 RELATING TO PUBLIC POSTING PROHIBITED

Respectfully Submitted,

CHARLES PARKIN

CITY ATTORNEY