Code of Ordinances Amendment - Title 7 Door Hangars Copyrighted
September 17, 2018
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment- Title 7 Door Hangars
SUMMARY: City Manager recommending approval of an amendment to
the City's door hanger ordinance.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 7 Police, Fire and Public Safety, Chapter
5 Offenses, Article A General Offenses, Section 7-5A-5
Advertising Materials, Billposting; Littering
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
City Code Ttle 7 Door Hangers-NNM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CTTY OF Dubuque
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ui���eNe�ary
DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Display of Advertising Materials; Billposting; Littering
(Door Hanger Ordinance) — Proposed Amendments
DATE: September 13, 2018
City Attorney Crenna Brumwell recommends City Council approval of an amendment to
the City's door hanger ordinance.
Currently, the ordinance prohibits billposting, including door hangers, except for:
• Legal notices required by law
• With the consent of the property owner or agent
This language is quite restrictive. It is recommended that some amendments be made
to the ordinance creating additional exceptions for limited commercial use of advertising
materials, including door hangers. The recommended additions include exemptions for:
• Solicitors licensed in accordance with Title 4, Chapter 5 of the City of Dubuque
Code of Ordinances
• Notices posted by governmental entities
• Notices posted due to emergency conditions for the protection of public health,
safety, and welfare
This code provision focuses on commercial speech as opposed to non-commercial
speech (political, religious, non-profit). One of the primary differences between
commercial and non-commercial speech is the purpose of the speech. Commercial
speech is printed or spoken speech which advertises a product or service and only
benefits a single private entity— the seller of the product or service advertised.
Government entities may regulate commercial speech. Noncommercial speech
receives full protection of the 1st Amendment to the U.S. Constitution. Non-commercial
speech, particularly political speech, may be limited by government rarely and under
very limited circumstances.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1 j t.11��'GL+'t tf t� ,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
2
THE CTTY OF Dubuque
�"
ui���eNe�ary
DUB E '�I}Ijl�
Masterpiece on the Mississippi �°' Z°'Z
2013 2017
CRENNA M . BRUMWELL , ESQ.
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
Dare: September 12, 2018
Re: Display of Advertising Materials; Billposting; Littering
(Door Hanger Ordinance) — Proposed Amendments
A question was presented on the City's door hanger ordinance to the City Council during
the public input portion of a Council meeting in the spring. Staff took the matter under
advisement and spent the summer meeting to evaluate possible changes to the
ordinance.
This code provision focuses on commercial speech as opposed to non-commercial
speech (political, religious, non-profit). One of the primary differences between
commercial and non-commercial speech is the purpose of the speech. Commercial
speech is printed or spoken speech which advertises a product or service and only
benefits a single private entity — the seller of the product or service advertised.
Government entities may regulate commercial speech. Noncommercial speech receives
full protection of the 1� Amendment to the U.S. Constitution. Non-commercial speech,
particularly political speech, may be limited by government rarely and under very limited
circumstances.
Currently, the ordinance prohibits billposting, including door hangers, except for:
• Legal notices required by law
• With the consent of the property owner or agent
This language is quite restrictive. It is the recommendation of staff some amendments
be made to the ordinance creating additional exceptions for limited commercial use of
advertising materials, including door hangers. The recommended additions include
exemptions for:
• Solicitors licensed in accordance with Title 4, Chapter 5 of the City of Dubuque
Code of Ordinances
• Notices posted by governmental entities
OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org
• Notices posted due to emergency conditions for the protection of public health,
safety, and welfare
Attached is a redline version of the ordinance showing the recommended changes.
CMB:jmm
cc: John Klosterman, Public Works Director
Alexis Steger, Acting Housing & Community Development Department Director
Jean Nachtman, Finance Director
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 36-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES,
SECTION 7-5A-5 ADVERTISTING MATERIALS, BILLPOSTING; LITTERING
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-5 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
7-5A-5: ADVERTISING MATERIALS; BILLPOSTING; LITTERING:
A. Display Of. Advertising Materials On Public Property; Removal; Costs: Whenever
the city manager shall find signs, advertising, displays or any other materials or articles
on public property, in violation of any provision of this code or other city ordinance or any
law, the city manager shall cause such materials or articles to be removed and destroyed
and the owner of the materials or articles shall pay the costs incurred by the city for
removing and destroying such materials or articles.
B. Posting Bills Without Consent Prohibition and Exceptions:
1. Prohibition. No person shall deface any private dwelling, house, building,
store, room, barn, shed, fence, bridge, utility pole, sidewalk or curbing, by posting,
pasting, tacking, sticking or nailing thereon any advertising bills, posters, or any
other written or printed matter.
2. Exceptions. The prohibition on posting bills does not apply to:
a. Legal notices provided by law;
b. Posting bills with the consent of the property owner or agent;
c. Solicitors' licensed in accordance with Title 4, Chapter 5 of the City
of Dubuque Code of Ordinances;
d. Notices posted by governmental entities; and
e. Notices posted due to emergency conditions for the protection of
public health, safety, and welfare.
C. Littering: No person shall discard any litter onto or in any water or land, except that
nothing in this subsection shall be construed to affect the authorized collection and
discarding of such litter in or on areas or receptacles provided for such purpose.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of September 201 .
/Pzi
16y D. Buol, Mayor
Attest:
Key"in S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
7-5A-5: ADVERTISING MATERIALS; BILLPOSTING; LITTERING:
A. Display Of Advertising Materials On Public Property; Removal; Costs: Whenever
the city manager shall find signs, advertising, displays or any other materials or articles
on public property, in violation of any provision of this code or other city ordinance or any
law, the city manager shall cause such materials or articles to be removed and destroyed
and the owner of the materials or articles shall pay the costs incurred by the city for
removing and destroying such materials or articles.
� B. Posting Bills Without Consent Prohibite�ion and Exceptions:
� 1 . Prohibition. No person shall deface any private dwelling, house, building,
store, room, barn, shed, fence, bridge, utility pole, sidewalk or curbing, by posting,
pasting, tacking, sticking or nailing thereon any advertising bills, posters, or any
� other written or printed matter,
� 2. Exceptions. The prohibition on postinq bills does not apply to:
� a. L�seq�legal notices provided by law;i
� b. Postinq bills with the consent of the propertv owner or aqent;
c. Solicitors' licensed in accordance with Title 4, Chapter 5 of the City
of Dubuque Code of Ordinance�^� �^ � �+�f�^�� � •,�+h,,,,+
£irc# h��iinn nh#�inerl #he � iri##en n en# n£ #he n en# n£ c inh
��i
� d. Notices posted bv aovernmental entities; and
e. Notices posted due to emerqencv conditions for the protection of
public health, safetv, and welfare.
C. Littering: No person shall discard any litter onto or in any water or land, except that
nothing in this subsection shall be construed to affect the authorized collection and
discarding of such litter in or on areas or receptacles provided for such purpose.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: September 21, 2018, and for which the charge is $26.68.
3 ,,,,PLL
Subscribed to before me, a No ry Public in and for Dubuque County, Iowa,
this jeree day of - r- ,r..Z- , 20 /8
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 36-18
AMENDING CITY OF
DUBUQUE CODE OF
, ORDINANCES TITLE 7 1
MARY K W E ST E R M E Y E R
Commission Number 154885
My Commission Exp. Feb. 1, 2020
B. Posting Bills With-
out Consent Prohibi-
- tion and Exceptions
1. Prohibition. No
shall deface any',
private dwelling,
house, puilding, store,
room, barn, shed,
fence, bridge, utility
pole, sidewalk or curb-
ing, by posting, past-
ing, tacking, sticking or
nailing thereon any ad-
vertising bills,
d-vertising`bills, posters,'.
or any other written or
printed matter.
2. Exceptions. The
prohibition on posting
bills doesnot apply to:
POLICE, FIRE AND J'
PUBLIC SAFETY,
CHAPTER 5 OFFENS-
ES, ARTICLE A GEN-
ERAL OFFENSES,
ENERAL:OFFENSES, SEC-
TION 7-5A-5 AD-
VERTISTING MATERI-
ALS, BILLPOSTING; -
LITTERING'
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. Section 7-
5A-5 of the City ;of
Dubuque Code of Ordi-
nances is hereby
amended to read as
follows;
7-5A-5: ADVERTISING
MATERIALS; BILLPOST-
ING; LITTERING:
A. Display Of Advertis-
ing Materials On Public
Property; Removal;
Costs: Whenever the
city manager shall find',
signs, advertising, dis-
plays or any other ma-
terials .or' articles on
public property, in vio-
lation of any provision
of this code or other
city ,ordinance or any
law, the city manager
shall cause such mate-
rials or articles to be
removed and de--
stroyed and the owner
of the materials or arti-
cles shall pay the costs
incurred by the city for
removing and destroy-
ing such materials or
a. Legal notices pro-
vided by
b. Posting bills with
the consent of the
property owner or
agent;
c. Solicitors licensed
in accordance with Ti-
tle 4, Chapter 5 of the
City of Dubuque Code
of Ordinances;
d. Notices posted by,
governmental entities;
and
e. Notices posted due
to emergency condi-
tions for the protection
of public health, safety,
and welfare.
C. Littering: No person
shall discard any litter
onto or in any water or
land, except that noth-
ing in this subsection
shall be construed to
affect the authorized
collection and discard-
ing of such litter in or
on areas or receptacles
provided forsuch pur-
pose.
Section 2. This Ordi-
nance shall take effect
upon publication.
.Passed, approved, and
adopted this .17th day
of September, 2018.
/s/Roy D. Buol, Mayor
.Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
on the 21st of Septem-
ber 2018.
/s/Kevin S. Firnstahl,
City Clerk
1t 9/21,