Chapter 23.61
PRIVATE PARTY SIGNS ON CITY PROPERTY
Sections:
23.61.010 Proprietary capacity.
23.61.020 Intent as to public forum.
23.61.040 Signs must be permitted or exempted.
23.61.050 Temporary signs displaying noncommercial messages.
23.61.060 Certain governmental signs.
23.61.070 Street banner program.
23.61.010 Proprietary capacity.
In adopting this chapter, the City Council acts in its proprietary capacity as to City property, as defined herein, within the City. This chapter is adopted pursuant to the City’s general powers, property rights, Sections 65850(b), 38774, and 38775 of the Government Code, Section 5200 et seq. of the Business and Professions Code, and Section 556 et seq. of the Penal Code. [Ord. 26-2006 §3, eff. 8-11-2006]
23.61.020 Intent as to public forum.
The City declares its intent that all City property shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. [Ord. 26-2006 §3, eff. 8-11-2006]
23.61.030 Definitions.
Terms unique to this chapter are listed in EGMC Chapter 23.100 (General Definitions). [Ord. 8-2011 §28(A), eff. 6-24-2011]
23.61.040 Signs must be permitted or exempted.
A. General Prohibition. Unless specifically authorized by this policy statement, no signs may be displayed on City property by private parties. Any sign posted on City property, in violation of the provisions stated herein, may be summarily removed by the City as a trespass and a public nuisance. [Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]
23.61.050 Temporary signs displaying noncommercial messages.
A. Traditional Public Forum Areas. This section applies only when the section dealing with special events (parades, street closures, etc.) does not. In areas qualifying as traditional public forums, private persons may display noncommercial message signs thereon; provided, that their sign conforms to all of the following:
1. The signs must be personally held by a person, or personally attended by one or more persons. “Personally attended” means that a person is physically present within five (5' 0") feet of the sign at all times.
2. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the City Council and/or the Planning Commission are holding public hearings or meetings; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned.
3. The maximum aggregate size of all signs held by a single person is six (6 ft2) square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.
4. The maximum size of any one (1) sign which is personally attended by two (2) or more persons is fifty (50 ft2) square feet, measured on one (1) side only.
5. The sign must have no more than two (2) display faces and may not be inflatable or air-activated.
6. In order to serve the City’s interests in traffic flow and safety, persons displaying signs under this chapter may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5' 0") feet width clearance for pedestrians to pass by. Persons holding signs may not block the view within a visibility triangle, as defined in this title.
7. The message substitution policy of EGMC Chapter 23.62 applies only to the traditional public forum areas. [Ord. 8-2011 §28(B), eff. 6-24-2011; Ord. 26-2006 §3, eff. 8-11-2006]
23.61.060 Certain governmental signs.
The following signs may be erected and displayed on City property:
A. Traffic control and traffic directional signs erected by the City or another governmental unit;
B. Official notices required or authorized by law;
C. Signs placed by the City in furtherance of its governmental functions; and
D. Signs allowable under EGMC Section 23.61.050. [Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]
23.61.070 Street banner program.
A. The City’s street banner program is reserved for the City’s use to promote its own messages and those events which are sponsored or co-sponsored by the City.
B. Notwithstanding any other section of this title, the City Manager (or his/her designee), or the City Council upon appeal, as provided in this section, may authorize the temporary placement of banner signs on poles or structures within the public right-of-way on City property where those banners display the name and/or date of an event and/or activity sponsored entirely by the City of Elk Grove or co-sponsored by the City of Elk Grove that calls attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community. Any events for which banners are authorized under this section shall be of limited duration and may or may not involve an assembly of persons.
C. Any banners authorized by this section shall be for a limited duration, and may be a part of the City’s economic development program, and should call attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community. Nothing herein shall relieve any person from obtaining any other necessary permit or license for an event or activity.
D. No person shall place, cause to be placed, or maintain a banner sign on any City pole or structure in the public right-of-way or on City property except as authorized herein.
E. The City Manager shall designate those City poles or other structures at streets, highways, alleys, other public rights-of-way, and those City properties on which banner signs as authorized herein may be placed. The message on the banners shall be considered government speech, and the designation or the placement of the banners is not intended to create, nor shall it create, a public forum.
F. The City Manager may authorize a banner or banners for an event and/or activity sponsored entirely by the City or co-sponsored by the City, subject to the following conditions:
1. Except as set forth herein, the banner(s) may be placed for a period of up to sixty (60) days and the City or applicant shall then cause the banner(s) to be removed at the City or applicant’s expense, as applicable, based on who placed the banner, subject to replacing of the banner at the same or different location at a later date;
2. The banner(s) should promote an event and/or activity sponsored entirely by the City or co-sponsored by the City, occurring within the City, calling attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community;
3. The banner(s) may contain the name and date of the event, if any;
4. The banner(s) shall be secured tightly to the structures on which they are authorized to be attached; and
5. For non-City applicants that are co-sponsors with the City, the applicant must agree to defend, indemnify, and hold harmless the City from any damages arising from the banners in a form acceptable to the City Attorney.
G. No banner shall be authorized unless the City Manager, or City Council on appeal, finds that the banners are so designated as not to block views significant for traffic or do not otherwise present a safety hazard.
H. As used herein, a “banner sign” means a strip of cloth or other flexible material approved by the City Manager on which a sign or message is painted calling attention to the City, its natural advantages, resources, enterprises, attractions, climate, facilities, businesses, and community.
I. Notwithstanding any other provision of this section, the City Manager is authorized to develop and implement a military banner sign program, which may include, without limitation, application forms and administrative guidelines for the placement of banners honoring the City’s current military personnel or the City’s military personnel who have been honorably discharged from service. Notwithstanding any other time limitations set forth in this section, any military banner sign placed on City property consistent with the military banner program and any administrative guidelines governing the program, may be in place for a period not to exceed twelve (12) months, after which, the banner shall be removed, subject to replacing of the banner at the same or different location at a later date.
J. Any decision or determination of the City Manager pursuant to this section may be appealed pursuant to EGMC Chapter 1.11. [Ord. 19-2016 §3, eff. 10-28-2016; Ord. 8-2011 §28(C), eff. 6-24-2011; Ord. 28-2007 §3, eff. 10-26-2007; Ord. 26-2006 §3, eff. 8-11-2006]