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 Conaway
A BILL ENTITLED
AN ORDINANCE concerning
Title
Unsolicited Political Campaign Circulars -Unsolicited Placement on Vehicles or Residential Property
FOR the purpose of prohibiting the placement, without permission, of political campaign 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 political campaign circulars.
Body
BY repealing and reordaining, with amendments
Article 19 - Police Ordinance
Section(s) 1-1 and 1-2, to be under the amended subtitle designation
"Subtitle 1. Advertising and Political Campaign Circulars"
Baltimore City Code
(As amended by Ord. 06-___ (Bill 05-082))
BY repealing and reordaining, without amendments
Article 19 - Police Ordinance
Section(s) 1-3 and 1-4
Baltimore City Code
(As amended by Ord. 06-___ (Bill 05-082))
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(3)(§ 1-2) and 41-14(2)(§ 1-2)
Baltimore City Code
(As amended by Ord. 06-___ (Bill 05-082))
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 OR POLITICAL CAMPAIGN Circulars
§ 1-1. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Advertising circular.
"Advertising circular" means any printed or written circular, notice, or other item the predominate purpose of which is:
(1) to advertise one or more products, services, or other things for sale, lease, or trade;
(2) to direct attention to one or more businesses, commodities, services, events, or other activities for which a fee is charged or solicited; or
(3) otherwise to promote activity of a business or commercial nature.
(c) Person.
(1) In general.
"Person" means, except as specified in paragraph (2) of this subsection:
(i) any individual; and
(ii) any partnership, firm, association, 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) POLITICAL CAMPAIGN CIRCULAR.
"POLITICAL CAMPAIGN CIRCULAR" MEANS ANY PRINTED OR WRITTEN CIRCULAR, NOTICE, OR OTHER ITEM THAT ENDORSES OR ANNOUNCES 1 OR MORE CANDIDATES SEEKING ELECTED PUBLIC OFFICE.
(E) [(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. Placement prohibited without permission.
A person may not affix or place any advertising circular OR POLITICAL CAMPAIGN CIRCULAR:
(1) in or on any vehicle in the City, except with the express permission of the 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:
(i) with the express permission of the owner or occupant of that property; or
(ii) by placing the [advertising] circular into a door slot or a nonlockable bin consistent with federal law.
§ 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, on conviction, is subject to a fine of not more than $100 for each 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
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
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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