Chapter 17.75
INCIDENTAL SIGNS
Sections:
17.75.010 Definition.
An “incidental sign” (hereinafter “such sign or signs” or “the sign” or “a sign”) is any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently, or which relates to such events or occurrence that are not taking place on the premises on which the sign is located. Examples of such signs include, but are not limited to, signs, handbills, or posters relating to garage sales, political candidates or ballot measures, concerts, “swap meets” and the like. (Ord. 97-1816 § 4, 1997.)
17.75.020 Posting prohibited.
No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten or affix, any such sign or signs on any sidewalk, crosswalk, curb, street lamppost, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public right-of-way which is not maintained for the purpose of communications by such signs by the general public. (Ord. 97-1819 § 1, 1997.)
17.75.030 Size.
Regardless of the zone in which any such sign or signs are placed, the total area of any such sign or signs shall not exceed 32 square feet where the frontage is equal to or less than 100 linear feet. Where the frontage is greater than 100 linear feet the total area of any such sign or signs may be increased by one-half of one square foot for each linear foot of frontage in excess of 100 feet. (Ord. 97-1819 § 1, 1997.)
17.75.040 Method of affixing.
No such sign or signs shall be affixed to any permanent building, structure or facility by use of glue, mastic, tape or tacks penetrating more than one-half inch in depth. This section shall not apply to signs affixed to portable or freestanding devices. (Ord. 97-1819 § 1, 1997.)
17.75.050 Location.
No such sign or signs shall be constructed, located or situated within the public right-of-way, nor so as to constitute a potential hazard to the public, nor so as to obstruct the sight distances of motorists or pedestrians, nor less than five feet from any property line. (Ord. 97-1819 § 1, 1997.)
17.75.060 Exceptions.
A. This chapter shall not prevent a public officer or employee from posting notices as required by law, such as notices of street abandonment or notices of proposed assessment district proceedings, as required by the Streets and Highways Code or other statutory authority.
B. This section shall also not pertain to:
1. Structures located within the right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, newspaper racks, and billboards as authorized by this code.
2. Events or activities sponsored by the city or redevelopment agency. (Ord. 01-1879 § 14, 2001; Ord. 97-1819 § 1, 1997.)
17.75.070 Removal.
A. Any such sign or signs not prohibited by this chapter shall be removed within 14 calendar days after the event to which they relate occurs, whether the event is an individual activity or is one part of two or more activities. Any sign or signs located within the public right-of-way or located upon any property in such a manner as to constitute a hazard or risk to the public or so as to obstruct the sight distances of motorists or pedestrians may be removed immediately and without notice by any officer or employee authorized to enforce the municipal code under CMC 1.28.010.
B. Any sign or signs prohibited by this chapter may be removed by any officer or employee authorized to enforce the municipal code under CMC 1.28.010. If the owner of any such prohibited sign or signs, except for those set forth in subsection (A) of this section, can be reasonably ascertained from the sign itself, the officer or employee seeking to remove the sign shall reasonably attempt to notify the owner in accord with subsection (D) of this section. In cases where a sign contains the name of a printing firm, political group, or political candidate, the city officer or employee shall also reasonably attempt to notify such firm, group, or candidate.
1. If the owner refuses to remove the sign, the officer or employee may remove the sign immediately after that refusal. If the owner agrees to remove the sign, they shall have 72 hours to comply, after which the sign is deemed abandoned and may be removed without further delay.
2. If no response is received to the notice within 72 hours of mailing or personal delivery, the sign is deemed abandoned and may be removed without further delay.
3. If the owner of the prohibited sign cannot be reasonably ascertained from the sign itself, the sign is deemed abandoned. Signs deemed abandoned in this fashion may be removed without further notice 72 hours after they are deemed abandoned.
C. Any sign removed pursuant to subsection (B) of this section shall be transported to the community development department for retrieval or disposal in accordance with CMC 17.75.080 and 17.75.090.
D. Notice of violation of this chapter and possible removal of the sign shall be made in writing, and shall be personally delivered or sent by first-class mail. Such notice shall contain, at a minimum, a statement of intention to remove the sign, a brief statement of the officer or employee’s reason for believing the sign is prohibited, the name and telephone number of the officer or employee seeking removal, and the procedure for and cost of retrieving the sign if it is removed. (Ord. 01-1879 § 14, 2001; Ord. 97-1819 § 1, 1997.)
17.75.080 Retrieval of signs.
Any person desiring to retrieve a sign removed by city officers or employees may do so upon the payment of an administrative fee as determined by the community development director, not to exceed the actual cost of removing the sign. In lieu of paying such administrative fee, such person may retrieve a sign upon signing a promise to appear upon a citation issued to him or her for violation of this chapter. If a person wishes to contest the fact that a sign was placed in violation of this chapter prior to paying the fine or signing the citation, he or she shall have the right to an administrative hearing before the community development director. If the director finds that the sign was lawfully posted, he shall return the sign without an administrative fee or the issuance of a citation. (Ord. 97-1819 § 1, 1997.)
17.75.090 Disposal of signs.
Any such sign or signs removed by city officers or employees may be considered abandoned if it is not retrieved within 15 calendar days after the date of such removal, and may be disposed of by the city without liability therefor to any person. (Ord. 97-1819 § 1, 1997.)
17.75.100 Cleanup deposit.
A. Prior to posting any signs described by this chapter, the person posting such signs shall deposit, with the city clerk, the sum of $50.00 in cash, check, or money order. The city will issue a receipt, signed by the city clerk and noting the applicable event(s) and date(s). The receipt shall be proof of the making of the deposit described herein and shall be returned to the city clerk at such time as a refund of the deposit is requested. This deposit shall be used by the city to defray costs of removing signs not voluntarily removed by the person or organization originally posting them. At such time as the deposit has been exhausted, the city clerk shall send notification to the original depositor demanding further deposit in the amount of $50.00.
B. Within 30 days following the event for which such signs were posted, and following the city’s determination that no further cleanup of the signs is required, the city clerk shall refund the balance of the deposit. If the city is unable to contact or locate the person posting the signs within 90 days, the balance of the deposit shall be transferred to the general fund of the city.
C. The posting of any signs pursuant to this chapter prior to the making of the deposit as set forth above is prohibited. All of the duties imposed upon the city clerk as set forth in this chapter, and in this section, are ministerial in nature and shall not be construed as vesting in the city clerk discretionary authority to deny any person the right to post signs in the city except for failure to make a deposit as set forth herein. (Ord. 01-1879 § 14, 2001; Ord. 99-1844, 1999; Ord. 97-1819 § 1, 1997.)