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2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R-39-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON PROHIBITING PLACEMENT OF PRINTED MATERIALS FOR DISTRIBUTION WITHIN CITY HALL BY PRIVATE INDIVIDUALS OR ORGANIZATIONS WHEREAS, it has been the practice in the past for certain private individuals or organizations to informally use public space not designated for use as a public forum within City buildings and offices, including without limitation City Hall, the Corporate Yards, the Redevelopment Agency offices, the Planning Department and Utilities Department offices and other similar City owned facilities (collectively "City Buildings") for the placement of printed materials, including without limitation newspapers, intended for free distribution to the public; and WHEREAS, it has come to the attention of the City Council that this practice interferes with the use of such space by the City for City sponsored and endorsed printed materials and by taking up public space needed for the display and distribution of official City publications thereby disrupting the use of public facilities by the City and the public; and WHEREAS, the City Council has determined that the placement of printed materials for distribution within City Buildings by private individuals or organizations also tends to create the erroneous impression that the City sponsors or endorses such printed materials or the ideas and matters presented therein; and WHEREAS, the City Council has determined that the placement of printed materials for distribution within City Buildings by private individuals may constitute a gift of public funds due to the permitted use without charge of public facilities for private purposes because such use is available only to some and not all distributors of printed materials; and WHEREAS, the City is empowered through the exercise of the police power to establish reasonable, content -neutral restrictions on the First Amendment rights of those seeking to distribute printed materials in City Buildings to further legitimate governmental purposes so long as reasonable alternatives for such distribution of printed materials exists; and WHEREAS, space is available and may be utilized on City -owned public property outside any public building for the placement of newsracks or other devices intended to provide space for the placement of printed materials for distribution to the public with or without charge; and WHEREAS, the City Council has determined that it is necessary to protect the health,, safety and general welfare of its citizens by appropriately regulating the use of City Buildings by private individuals through the establishment of limited restrictions on the use of City Buildings for the distribution of printed materials.