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Newspaper Litter Law Proposal |
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Monroe News 
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Joined: Oct 12 2010 Status: Offline Points: 4778 |
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 Topic: Newspaper Litter Law ProposalPosted: May 10 2019 at 11:28am |
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Mr. Clark referenced emails Council received about the newspapers that are thrown in the driveways and would like to stop this. He is not opposed to advertising, but doing it this way he does not agree with. Mr. Brock advised he spoke with Mr. Callahan and it could be considered littering and it would require a police officer to catch them in the act and cite them in the court. Mr. Clark felt that action could not only be taken against the contractor that is doing this as well as the company they are working for. Mayor Routson agreed and we should send them a letter advising them what action the City will take if it does not stop. Source: Monroe Council Minutes Regular Meeting of Council April 23, 2019 – 6:30 p.m. 233 South Main Street, Monroe, Ohio 45050 |
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Monroe, Ohio Breaking News
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Houndog
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Joined: Dec 31 2006 Status: Offline Points: 5531 |
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Posted: May 12 2019 at 10:15pm |
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This is great news. I simply throw them directly in the trash. Who would think in 2019 someone would actually pay to publish material tossed in a driveway?
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John Beagle
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Joined: Nov 21 2000 Location: Monroe, Ohio Status: Offline Points: 19827 |
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Posted: May 20 2019 at 3:12pm |
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Yes I'm sure there will be a law against it soon in Monroe. Sign of the times. |
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The privilege of a lifetime is being who you are.
-Joseph Campbell |
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Houndog
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Posted: May 20 2019 at 9:43pm |
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Actually, considering most homes in Monroe fall under an HOA I'm shocked this hasn't been taken care of already. Personally, Mr. B. you know me. I wouldn't last ten minutes in a neighborhood with an HOA.
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John Beagle
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Joined: Nov 21 2000 Location: Monroe, Ohio Status: Offline Points: 19827 |
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Posted: May 21 2019 at 4:30pm |
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I'd give you at least a hour.
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The privilege of a lifetime is being who you are.
-Joseph Campbell |
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Monroe News
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Joined: Oct 12 2010 Status: Offline Points: 4778 |
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Posted: May 29 2019 at 10:23am |
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Mr. Clark asked if the sample legislation for the advertising circulars that are thrown out of the vehicles has been tested in court. Mr. Callahan was not aware of it being tested. Mr. Clark would like to see the legislation on a future agenda. Source: Monroe Council Minutes Regular Meeting of Council May 14, 2019 – 6:30 p.m. 233 South Main Street, Monroe, Ohio |
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Monroe, Ohio Breaking News
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Monroe News
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Posted: May 29 2019 at 10:25am |
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ORDINANCE NO. 2019-12 AN ORDINANCE SUPPLEMENTING CHAPTER 660 OF THE CODIFIED ORDINANCES TO REGULATE UNSOLICITED MATERIALS. WHEREAS, the Constitution of the State of Ohio, in Article XVIII, Section 3, grants municipalities the authority to exercise all powers of local self government and to enforce local police, sanitary, and other similar regulations as are not in conflict with the general laws; and WHEREAS, pursuant to this constitutional home rule authority, the people of the City of Monroe, Ohio, have adopted a Charter and Codified Ordinances to exercise the powers of local self- government and enforce local police power regulations; and WHEREAS, the City has substantial, legitimate interests in preserving and maintaining a high level of sanitation throughout the City by reducing visual blight and litter; and WHEREAS, the City has experienced ongoing problems with the delivery of unsolicited written materials to areas of private property such as yards and driveways, commonly resulting in materials remaining in such locations for extended periods of time, causing visual blight; WHEREAS, the City has received resident complaints related to unsolicited written materials being delivered to locations on the residents’ private property which, in addition to causing visual blight and the spread of litter, cause hardship on residents forced to collect these materials from various portions of their or neighboring property; and WHEREAS, the City wishes to reduce visual blight, littering, and the interference with private property associated with the delivery of unsolicited written materials while at the same time protecting the First Amendment rights of the persons and organizations delivering those materials. WHEREAS, the issue of delivery of unsolicited material has been discussed by Council in numerous regular sessions and attempts to deal with the adverse effects of delivery of unsolicited material under existing ordinances and though voluntary action by those responsible for delivering such material has been unsuccessful; and WHEREAS, based on observation from City Council members and findings in other communities, City Council finds that some of the unsolicited materials can and do migrate to public property, where upon they become litter; and WHEREAS, in light of the thousands of unsolicited materials delivered in the City each year, the City has a reasonable basis to believe that restricting such deliveries to certain specified locations will bring about a more consistent esthetic and reduce litter; and WHEREAS, requiring all unsolicited materials to be delivered to consistent, predictable locations will further reduce the visual impact of such materials by increasing the chances that recipients will find and collect the materials and discard them in an appropriate manner; and WHEREAS, City Council finds that this ordinance leaves open ample alternative channels of communication and does not prohibit the right for individuals to travel door-to-door to proselytize, and leave literature with residents; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MONROE, STATE OF OHIO, THAT: SECTION 1: Chapter 660 of the Codified Ordinances is hereby supplemented to read as follows: “660.18 UNSOLICITED WRITTEN MATERIALS. (a) As used in this section: Front door: means the street-facing entrance(s) to a principal structure. In the event no door faces the street, then any other door of a principal structure nearest the street shall be considered a front door for purposes of this section. Person: means any person, firm, corporation, limited liability company, association, club, society or other organization. Porch: means an exterior appendage to a principal structure leading to a doorway, including any stairway attached thereto. Premises: means a lot, plot, or parcel of land including any structures, driveways, or other impervious surfaces thereon. Principal structure: means a structure, or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises. Unsolicited written materials: means any written materials delivered to any premises without the express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises. (b) No Person shall deliver, place, or distribute unsolicited written materials to any premises other than in the following locations and manners: (1) On a porch, if one exists, nearest the front door; or (2) So that such materials are securely attached to the front door; or (3) Through a mail slot on the front door or principal structure, if one exists, as permitted by the United States Postal Service Domestic Mail Manual, Section 508 Recipient Services, Subsection 3.1.2; or (4) Between the exterior front door, if one exists and is unlocked, and the interior front door; or (5) Where permitted, in a distribution box located on or adjacent to the premises; or (6) Securely attached to a hook or within some other receptacle used for the delivery of non-U.S. Mail packages or materials, attached to the mailbox post for the premises, if it exists; or (7) Personally to the owner, occupant, and/or lessee of the premises. (c) Notwithstanding subsection (B), an owner, lessee, or occupant maintains the right to restrict entry to his or her premises. Any entry onto private property under this section remains subject to the provisions in section 854.07 of the Monroe Codified Ordinances regarding entry onto property with a sign bearing the words “No Peddlers, Solicitors, or Canvassers Invited,” or words of similar import. (d) Organizational liability. It is the intent of City Council to jointly impose organizational liability under Monroe Code 606.08 for violation of this section by any officer, agent (including but not limited to an independent contractor), or employee of a business or organization while acting on behalf of the business or organization and within the scope of the officer's, employee's or agent's office or employment. (e) Timestamped photographic evidence of unsolicited written materials located upon a premises, other than as permitted pursuant to Section B, creates a rebuttable presumption that the materials were placed at the premises by the owner, officer, agent (including but not limited to an independent contractor), or employee of the business, product, good, service, or message which is being advertised, promoted, endorsed, or conveyed in such materials. Where the materials are delivered as a package and relate to multiple businesses, products, goods, services, or messages, the presumption shall apply to the identified distributor of the package of materials, if any. Violation of this section is a strict liability offense and the prosecution of an offense under this section is relieved from proof of any other culpable mental state as defined in section 606.07 of the Monroe Codified Ordinances. (f) The provisions of this section do not apply to the United States Postal Service. (g) Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, that invalidation shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable. (h) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense. Any subsequent offense shall be charged as a third degree misdemeanor if the defendant has previously been convicted individually or under organizational liability. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty shall be as provided in Chapter 698 of the Monroe Code depending on the defendant’s status as an individual and/or organization. SECTI N 2: All of the other provisions of Chapters 660 shall remain in full force and effect. If any. SECTION 3: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public and in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. SECTION 4: This measure shall take effect and be in full force from and after the earliest period allowed by law. Source: Monroe Council Minutes Regular Meeting of Council May 14, 2019 – 6:30 p.m. 233 South Main Street, Monroe, Ohio |
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Monroe, Ohio Breaking News
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zapp2525
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Joined: Jan 11 2011 Status: Offline Points: 2565 |
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Posted: Jul 07 2019 at 8:53am |
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When will this take effect ?
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John Beagle
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Joined: Nov 21 2000 Location: Monroe, Ohio Status: Offline Points: 19827 |
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Posted: Aug 12 2019 at 2:52pm |
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The fifth of never.
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The privilege of a lifetime is being who you are.
-Joseph Campbell |
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zapp2525
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Posted: Aug 14 2019 at 6:16am |
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Exactly it's still in my driveway every Monday am.............
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Wolfie
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Joined: May 07 2007 Status: Offline Points: 257 |
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Posted: Aug 23 2019 at 9:22pm |
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There was a cadillac suv pulling into each driveway on our street and throwing a bagged newspaper into each front yard tonight. Doesn't seem like this proposed law is going to make any difference!
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zapp2525
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Posted: Aug 26 2019 at 6:45am |
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Exactly
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Monroe News
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Posted: Oct 22 2019 at 9:47am |
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Ordinance No. 2019-31. An Ordinance supplementing Chapter 660 of the Codified Ordinances to regulate unsolicited materials. Mr. Callahan advised that the difference between these two ordinances is the first ordinance adopted contains criminal penalties. In April of this year the United States Court of Appeals upheld the Lexington-Fayette Urban County ordinance that contained civil penalties and provided for an administrative appeal. Mr. Callahan felt it best to adopt legislation that has been upheld in Federal Court. Mr. Callahan encouraged that staff reach out to the distributors that we haven’t spoke with to work with them to be in compliance with the legislation. Mr. Hickman asked if the person received the unsolicited material will need to call the City to complain in order for a citation to be issued. Mr. Callahan explained that if the code enforcement person sees this material in front of someone’s house they need to confirm that the property owner did not want them. If that is the case a citation would be issued. Mr. Hickman could not imagine a staff member driving around every Monday morning and asking each property owner if they wanted the material. This staff member is not going to have time to do that. Mr. Clark felt that enough people complain and citations are issued the problem will be resolved. Mr. Hickman didn’t want to hire another employee just for this. Mr. Clark moved to consider this the first reading of Ordinance No. 2019-31 and have it read by title only; seconded by Mr. Frentzel. Voice vote. Motion carried. The Clerk of Council read Ordinance No. 2019-31 by title only. Mr. Clark moved to approve the first reading of Ordinance No. 2019-31; seconded by Mr. Hickman. Roll call vote: seven ayes. Motion carried. Source: Monroe Council Packet
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Monroe, Ohio Breaking News
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zapp2525
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Posted: Oct 22 2019 at 10:58am |
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Yep still get papers every Sunday
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Houndog
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Posted: Oct 23 2019 at 9:49pm |
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Looking around Monroe. Unwanted tossed weeklies in the driveway are the least of its worries. The City needs to hire four more code enforcement officers to remind our citizens to take care of their own properties. The city is really not looking so good these days.
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Wolfie
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Posted: Oct 23 2019 at 9:51pm |
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yep ^ .... and declare it an emergency.
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zapp2525
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Posted: Oct 24 2019 at 11:00am |
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So trash is not a problem?
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Houndog
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Posted: Oct 25 2019 at 10:44pm |
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Yes trash is a problem. And it comes in many forms.
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Houndog
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Posted: Oct 26 2019 at 6:25pm |
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Like dead cars in driveways and side yards, year round RV’s and boats. General junk piled around houses. Weeds knee high. Like I said. Monroe has become a town where at least two or three enforcement officers are needed. The current officer works his a$$ off. I’ve spoken to him on more than one occasion he’s doing all he can.
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zapp2525
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Posted: Oct 28 2019 at 1:10pm |
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I bet you have
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Houndog
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Posted: Oct 31 2019 at 11:00pm |
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I’m a villager. I remember when this town looked A LOT better than it does now.
Though I do also appreciate your humorous jab. |
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