[§ 1, Ord. 989-00, eff. January 11, 2001]
As used in this chapter:
(a)
ADVERTISING DISPLAY SIGN – Shall mean a sign, billboard,
poster, free-standing sign, balloon, pennant or banner that is temporarily
or permanently placed on or affixed to the ground, the sidewalk, a
pole or post, a fence, or a building, or is displayed in the window
or doors of a commercial establishment, and that is used to advertise
or promote products. A person while wearing a shirt with tobacco product
advertising or a tattoo on a person shall not be considered an advertising
display sign.
(b)
CITY MANAGER – Shall mean the City Manager for the City
of Avalon or his or her designee.
(c)
MOBILE BILLBOARD – Shall mean any sign, placard, billboard,
or other advertisement display upon or affixed to a vehicle which
display is used to advertise a tobacco product, when the supporting
vehicle or trailer is parked within a public right-of-way or on private
property and visible to the public for a duration of time and in a
manner which clearly indicates that the sign is for advertising tobacco
products. For the purpose of this chapter, a mobile billboard shall
not include any advertisements on the side of a van, truck, or other
vehicle which is primarily used for the transportation of goods or
products and not parked within a public right-of-way or a private
property and not visible to the public for a duration of time and
in a manner which clearly indicates that the sign is for advertising
tobacco products.
(d)
PERSON – Shall mean any individual, firm, partnership,
cooperative association, private corporation, personal representative,
receiver, trustee, assignee or other legal entity.
(e)
PROMOTE OR PROMOTION – Shall mean a display of any logo,
brand name, character, graphics, colors, designs, or recognizable
color or pattern of colors, or any other indicia or product identification
with, or similar to, or identifiable with, those used for any particular
brand of tobacco product.
(f)
PUBLICLY VISIBLE LOCATION – Shall mean any outdoor location
that is visible from any street, sidewalk, or other public thoroughfare,
or any location inside a commercial establishment immediately adjacent
to a window or door where such location is visible from any street,
sidewalk, or other public thoroughfare.
(g)
TOBACCO PRODUCT – Shall mean any substance containing
tobacco.
[§ 1, Ord. 989-00, eff. January 11, 2001]
No person shall place or maintain, or cause or allow to be placed
or maintained, in any manner, any advertising or promotion of cigarettes
or tobacco products on an advertising display sign in a publicly visible
location within 1,600 feet of the perimeter of an elementary or secondary
school, public playground or playground area in a public park (e.g.,
a public park with equipment such as swings and seesaws, baseball
diamonds or basketball courts).
[§ 1, Ord. 989-00, eff. January 11, 2001]
The restrictions contained in §
4-12.102 of this chapter shall not apply to advertising or promotions for tobacco products:
(a)
Located inside a commercial establishment unless such advertising
display sign or promotion is attached to, affixed to, leaning against,
or otherwise in contact with any window or door in such a manner that
is visible from the street, sidewalk or other public thoroughfare;
(b)
On vehicles, other than mobile billboards;
(c)
On any sign located inside or immediately outside a commercial
establishment if the sign provides notice that the establishment sells
tobacco products, so long as the sign does not promote any brand of
tobacco product;
(d)
On tobacco product packaging.
[§ 1, Ord. 989-00, eff. January 11, 2001]
No person may market, license, distribute, sell, or cause to
be marketed, licensed, distributed or sold any item or service to
a minor, which bears the brand name, alone or in conjunction with,
any other word, logo, symbol, motto, selling message, recognizable
color or pattern of color, or any other indicia or product identification
identical with, or similar to, or identifiable with, those used for
any brand of tobacco product.
[§ 1, Ord. 989-00, eff. January 11, 2001]
No person shall sell, give away, offer or dispense any tobacco
product, paraphernalia, item or service which bears the brand name,
alone or in conjunction with, any other word, logo, symbol, motto,
selling message, recognizable color or pattern of color, or any other
indicia or product identification identical with, or similar to, or
identifiable with, those used for any brand of tobacco product as
part of an event or activity which takes place on public property
within the City.
[§ 1, Ord. 989-00, eff. January 11, 2001]
(a)
The City Manager shall investigate after receipt of a written
complaint submitted by any private citizen or City officer or employee
concerning any advertising or promotion prohibited by this chapter.
The City Manager may serve a written ten-day notice upon the person
responsible for the alleged advertising display sign or promotion
or self-service display prohibited by this chapter. The written notice
shall require the person to whom it is sent to either correct the
violation within ten-day period or submit, in writing, a response
to the claim of violation. The City Manager shall review any written
response and shall determine whether or not the issue is a violation.
This determination shall be in writing and a copy of the determination
shall be sent to the person making the written complaint and to the
person who is alleged to have engaged in the violation.
(b)
Failure to correct specified violations may result in enforcement
by any remedy provided by this Code. If two violation notices, whether
the violation involves the same or different displays or promotions,
have been served on the same person within a thirty-day period, an
enforcement action may be initiated against that person without the
serving of another notice, if the violation occurs within 90 days
of the serving of the second notice.
(c)
Each separate display of tobacco advertising or promotion prohibited
by this chapter shall be considered a separate violation.
(d)
For purposes of determining liability of persons, firms or corporations,
controlling franchises or business operations in multiple locations,
each individual franchise or business location shall be deemed a separate
entity.
[§ 1, Ord. 989-00, eff. January 11, 2001]
Nothing in this chapter is intended to alter the obligations
or restrictions which apply to any person under any other law governing
signs, billboards, tobacco advertising or any other matter covered
by this chapter. The remedies set forth in this chapter are not exclusive.
If any action prohibited by this chapter is also unlawful under any
other law, the penalties and remedies under such other law may be
pursued in addition to those provided in this chapter.
[§ 1, Ord. 989-00, eff. January 11, 2001]
By prohibiting the advertising or promotion of tobacco products
in outdoor or publicly visible locations and prohibiting the distribution
of tobacco-related promotional items and tobacco products, the City
of Avalon is only protecting the general welfare. It is not assuming
nor is it imposing on its officers and employees, an obligation for
which it may be liable in money damages to any person who claims that
such breach proximately caused injury.