EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Unsolicited Advertising Circulars - Vehicles or Residential Property
FOR the purpose of prohibiting the placement, without permission, of advertising circulars in or on vehicles or residential property; defining certain terms; imposing certain penalties; correcting, clarifying, and conforming certain language; and generally relating to the distribution of advertising circulars.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinance
Section(s) 1-1 through 1-4, inclusive, to be under the amended
subtitle designation "Subtitle 1. Advertising Circulars"
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(3) and 41-14(2)
Baltimore City Code
(Edition 2000)
Preamble
The Mayor and City Council of Baltimore recognizes the constitutional right of any person to disseminate information, including information of a commercial nature.
The distribution of these items on vehicles and on private property, however, can be injurious to the public health, safety, and welfare. The accumulation of unsolicited advertising materials dirties the streets and sidewalks; it also identifies temporarily vacant residences as potential targets for burglary, vandalism, and other crimes.
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 19. Police Ordinances
Subtitle 1. Advertising Circulars [on Motor Vehicles]
§ 1-1. Definitions.
(a) In general.
[As used in] IN this subtitle, the following terms have the meanings indicated [unless the context clearly requires a different meaning].
[(b) Motor vehicle.
"Motor vehicle" means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.]
(B) ADVERTISING CIRCULAR.
"ADVERTISING CIRCULAR" MEANS ANY PRINTED OR WRITTEN CIRCULAR, NOTICE, OR OTHER ITEM THAT:
(1) ADVERTISES ANY PRODUCT, SERVICE, OR OTHER THING FOR SALE, LEASE, OR TRADE;
(2) DIRECTS ATTENTION TO ANY BUSINESS, COMMODITY, SERVICE, EVENT, OR OTHER ACTIVITY FOR WHICH A FEE IS CHARGED OR SOLICITED; OR
(3) OTHERWISE CONTAINS MATERIAL THAT IS PRIMARILY OF A BUSINESS OR COMMERCIAL NATURE.
(c) Person.
(1) IN GENERAL.
"Person" means, EXCEPT AS SPECIFIED IN PARAGRAPH (2) OF THIS SUBSECTION:
(I) [every natural person,] ANY INDIVIDUAL; AND
(II) [firm,] ANY partnership, FIRM, association, [or] corporation, OR OTHER ENTITY OF ANY KIND.
(2) EXCLUSIONS.
"PERSON" DOES NOT INCLUDE A GOVERNMENTAL ENTITY OR AN INSTRUMENTALITY OR UNIT OF A GOVERNMENTAL ENTITY.
(D) VEHICLE.
"VEHICLE" MEANS:
(1) ANY SELF-PROPELLED VEHICLE; AND
(2) ANY OTHER VEHICLE REQUIRED TO BE REGISTERED UNDER THE LAWS OF THIS STATE.
[§ 1-2. Scope of subtitle.
The provisions of this subtitle shall not apply to any agency of the Mayor and City Council of Baltimore or the Baltimore City Police Department.]
§ 1-2. [§ 1-3.] Placement prohibited without permission.
A person [shall] MAY not [place or] affix OR PLACE [an] ANY advertising circular[, notice, or other printed item]:
(1) IN OR on any [motor] vehicle in the City, [of Baltimore without] EXCEPT WITH THE EXPRESS permission of the [motor vehicle] owner or operator OF THE VEHICLE; OR
(2) IN OR ON ANY RESIDENTIAL PROPERTY IN THE CITY (WHETHER IN OR ON A FENCE, RAILING, DOOR, PORCH, LAWN, SIDEWALK, OR OTHERWISE), EXCEPT WITH THE EXPRESS PERMISSION OF THE OWNER OR OCCUPANT OF THAT PROPERTY.
§ 1-3. ENFORCEMENT BY CITATION.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT PROCEDURE, THIS SUBTITLE MAY BE ENFORCED BY ISSUANCE OF:
(1) AN ENVIRONMENTAL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 40 {"ENVIRONMENTAL CONTROL BOARD"}; OR
(2) A CIVIL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}.
(B) PROCESS NOT EXCLUSIVE.
THE ISSUANCE OF A CITATION TO ENFORCE THIS SUBTITLE DOES NOT PRECLUDE PURSUING ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT ACTION AUTHORIZED BY LAW.
§ 1-4. Penalties.
(A) IN GENERAL.
Any person who violates a provision of this subtitle is guilty of a misdemeanor and, [upon] ON conviction, is subject to a fine of not [less than $10 nor] more than [$50] $100 for each [separate] offense.
(B) EACH CIRCULAR A SEPARATE OFFENSE.
EACH CIRCULAR AFFIXED OR PLACED IN VIOLATION OF THIS SUBTITLE CONSTITUTES A SEPARATE OFFENSE.
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40-14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(3) Article 19. Police Ordinances
§ 1-2. PLACEMENT {OF ADVERTISING CIRCULARS} WITHOUT PERMISSION $ 50
§ 7-2. Vehicle alarms: Prohibited devices $100
§ 8-18. Burglar alarms: Penalties
Users $250
Contractors, Monitors, Others $500
§ 14-2 or § 14-3. Drinking in public places $ 50
§ 41-2. Outdoor telephones: Prohibited placement $500
§ 45-2. Signs on public property: Posting prohibited $100
§ 48-2. Resale of tickets near sports facilities $ 50
§ 50-2. Obstructing street, etc., or gutter $ 50
§ 50-3. Merchandise projecting from building $ 50
§ 50-46 or § 50-47. Snow - cleaning required $ 50
§ 51-2. Compliance with park rules $200
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(2) Article 19. Police Ordinances
§ 1-2. PLACEMENT {OF ADVERTISING CIRCULARS} WITHOUT PERMISSION $ 50
§ 7-2. Vehicle alarms: Prohibited devices $100
§ 8-18. Burglar alarms: Penalties
Users $250
Contractors, Monitors, Others $500
§ 13-1 or § 13-2. Disorderly drinking $150
§ 14-2 or § 14-3. Drinking or possessing open containers
in public places $ 50
Subtitle 25. Loitering - General $ 50
§ 26-6. Loitering - Drug-Free Zone $ 50
§ 27-3. Loitering - For assignation, etc. $ 50
§ 27-15. Loitering - Prostitution-Free Zone $ 50
§ 40-9. Dirt Bikes, etc. - Motor fuel sales $100
§ 41-2. Outdoor telephones: Prohibited placement $500
§ 45-2. Signs on public property: Posting prohibited $100
§ 47-5. Nighttime soliciting $100
§ 48-2. Resale of tickets near sports facilities $ 50
§ 50-2. Obstructing street, etc., or gutter $ 50
§ 50-3. Merchandise projecting from building $ 50
§ 50-22. Street sales near farmers' markets $100
§ 50-26. Fires in street, lane, or alley $ 50
§ 50-41. Playing, etc., in street, etc. $ 50
§ 50-46 or § 50-47. Snow - cleaning required $ 50
§ 50-56, § 50-57, or § 50-58. Soliciting customers $100
§ 51-2. Compliance with {park} rules required $ 50
§ 55-1. Ticket "scalping" $100
§ 55-2. Street sales of theater or circus tickets $100
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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