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~m ~ o__>, ORDINANCE 2004- 7 <br />O <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS AMENDING CHAPTER 34, ENVIRONMENT, OF THE <br /> CITY CODE TO ADD SECTION 34.106, PROHIBITING THE <br /> PLACEMENT OF FLYERS ON VEHICLES PARKED ON PUBLIC <br /> STREETS IN THE DOWNTOWN AREA; INCLUDING PROCEDURAL <br /> PROVISIONS; PROVIDING FOR PENALTIES; AND PROVIDING AN <br /> EFFECTIVE DATE. <br /> <br />216. <br /> <br />RECITALS: <br /> <br /> 1. The City Council finds that litter created by the placement of unsolicited flyers <br />on windshields of parked vehicles is a nuisance in the downtown area. <br /> <br /> 2. The City Council, while affirming its commitment to the individual liberties <br />guaranteed to all citizens under the First Amendment of the United States Constitution <br />and the statutes of the State of Texas with respect to the dissemination of flyers, finds <br />that a balance must be struck with respect to the placement of unsolicited flyers on <br />windshields of parked vehicles and the prevention of a nuisance in the downtown area <br />of the City. <br /> <br /> 3. The City Council finds that a content-neutral prohibition on placing flyers <br />on parked vehicles in the downtown area of the City is a reasonable time, place and <br />manner restriction, implemented solely for the purpose of alleviating the litter problem <br />caused by this method of distributing the flyers. <br /> <br /> 4. An amendment to Chapter 34 is necessary to prohibit the placing of flyers <br />on parked vehicles. <br /> <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SAN MARCOS, <br />TEXAS: <br /> <br /> SECTION 1: Division 4, Public Nuisances, Article 3, Nuisances, of Chapter 34, <br />Environment, of the City Code is amended by adding a new section 34.106 to read as <br />follows: <br /> <br />Sec. 34.106. Placement of flyers on parked vehicles prohibited in CBA <br />district. <br /> <br />(a) It is unlawful for any person to place or cause to be placed a flyer on any <br />vehicle parked or stopped on a public street or public parking place in the central <br />business area (CBA) zoning district. In this section the term "flyer" includes but <br />is not limited to a poster, handbill, card, leaflet, pamphlet or other similar object. <br /> <br /> <br />