Laserfiche WebLink
(b) It is not unlawful to hand a flyer or any other such object to any person willing <br />to receive it in the central business area (CBA) zoning district. <br /> <br />(c) There is a rebuttable presumption, in any prosecution for violation of this <br />section, that the primary beneficiary of any flyer is the person who caused it to be <br />placed on the vehicle. In this subsection, the term "primary beneficiary" means <br />the person whose goods, services, activity or identity is advertised or identified <br />on or by the flyer. <br /> <br /> SECTION 2. If any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, <br />the other provisions of this ordinance will continue in full force if they can be given effect <br />without the invalid portion. <br /> <br /> SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br /> SECTION 4. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos <br />City Code. <br /> <br /> SECTION 4. This Ordinance will take effect 10 days after the date of its final <br />passage, and the City Clerk will publish notice of its adoption in a newspaper of general <br />circulation in the City. <br /> <br />PASSED AND APPROVED on first reading January 12, 2004. <br /> <br />PASSED AND APPROVED ON second reading January 26, 2004. <br /> <br />PASSED, APPROVED AND ADOPTED February 9, 2004. <br /> <br />Robert Habingreither <br />Mayor <br /> <br />City Clerk <br /> <br /> <br />