Chapter 5.42 — VENDING OF PRINTED MATTER FROM PUBLIC STREETS

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them as follows:

(a)

Street shall mean and includes any and every public thoroughfare, way, street, alley and highway, freeway, the curbing, sidewalk, parkway and structures, whether such right-of-way is owned or maintained by a public district, the City, the County of San Diego or the State of California, and all public property bordering upon such thoroughfare, way, street, alley or highway in the City of San Marcos. Street shall mean and include any real property in the incorporated territory of the County of San Diego situated immediately adjacent or contiguous to any public thoroughfare, way, street, alley, sidewalk, or parkway in the City.

(b)

To sell means and includes to print, prepare, publish, vend, distribute, disseminate or throw away or to attempt to print, prepare, publish, vend, distribute, disseminate or throw away. To sell further means and includes to hold out or offer in return for remuneration or to hold out, suggest, advertise or offer without charge, and includes active as well as passive holding out, suggesting or advertising by any means or manner whatsoever.

(c)

Person means and includes, in addition to the meaning set forth in Section 12.115 of the San Diego County Code, all agents and employees, apparent or actual, who are acting on their own or on their principal's behalf and their principal or employer.

The City Council hereby finds and determines as follows:

That the use of the streets within the City by persons for the purpose of selling or giving away written, printed or duplicated forms, charts, tables, lists, sheets, posters, papers, dodgers, handbills, circulars, letters, booklets and other matter giving or purporting to give the entry or entries or probable entry or entries of contestants in any horse race or other contests concurrently taking place, thereafter to take place or which have taken place in the County of San Diego, or the selling or giving away of such matter which gives or purports to give tips, information, predictions, selections of or advice as to the winners or probable winners or losers or of the standing or probable standing of any horse or other contestant, or the selling or giving away of such matter which contains or purports to contain the actual,

probable or possible state, past, present or future, of the betting, wagering or odds upon or against any horse or other contestant in any such horse race or other contest, has created and will continue to create, unless prohibited, serious, difficult and dangerous traffic conditions upon the streets within the City; that serious congestion of vehicular traffic has resulted and will result to the extent that the health, safety and welfare of persons using said streets has been and will be put in immediate and grave peril. The Council further finds and determines that no other remedy is adequate to control and effectually solve said traffic congestion and peril except to prohibit entirely the activity of persons as hereinabove described upon the streets within the City.

No person shall sell or give away, whether from a fixed location or transiently, upon, over or across any street within the City any written, printed or duplicated form, chart, table, list, sheet, poster, paper dodger, handbill, circular, letter, booklet or any other printed, typewritten, mimeographed or written matter giving or purporting to give the entries or probably entries of contestants in any horse race or other contest concurrently taking place or thereafter to take place or which has taken place anywhere within the County of San Diego or any such writing which gives or purports to give any tip, information, prediction or selection of, or advice as to the selection of, or advice as to the winner or probable winner or a loser or probable loser or of the standing or probable standing of any horse or other contestant herein or any writing which contains the actual, probable or possible state, past, present or future of the betting, wagering or odds upon or against any horse or other contestant in any such horse race or contest.