No-fliers ordinance adopted without opposition
By Darleen Principe darleen@theacorn.com

The Simi Valley City Council unanimously approved an anti-litter ordinance Monday night prohibiting the placement of fliers and other printed materials on vehicles throughout the city.

According to City Attorney David Hirsch, similar ordinances have been upheld by a federal appellate court in the city of Cattlesburg, Ky. and by a federal trial court in San Clemente, Calif.

"Quite a number of cities have restrictions like that," Hirsch said. "The conclusions made in court revolved around constitutional issues evaluating First Amendmentrelated issues. In the case of San Clemente, the court concluded (the ordinance) was valid and that it didn't violate the First Amendment."

During a meeting of the City Council on March 17, Councilmember Barbra Williamson requested the city attorney draft the ordinance, saying she had received numerous complaints from citizens who were finding adult entertainment advertising on their cars.

While the ordinance prohibits distributors from placing fliers and similar material onto vehicles- which are considered private property even in the public right of way- direct distribution of materials is allowed as long as the pedestrian or vehicle owner is willing to accept it.

Hirsch said that violators may be charged with either an infraction or a misdemeanor.

"It's a judgment call that our office would make, depending on the circumstances," he said.

Infractions are punishable by $100 for the first violation, $200 for the second violation and $500 for the third or subsequent violations.

Misdemeanors are punishable by fines up to $1,000 or six months imprisonment or both.

Code violations are also subject to the city's Civil Fine Ordinance, which charges $100 for the first offense, $200 for the second offense and $500 for a third or subsequent offense.

The anti-litter ordinance goes into effect June 12.