Chapter 8.44
SIGNS—PUBLIC PROPERTY/ELECTIONS*
Sections:
8.44.010 Purpose and findings.
* Prior ordinance history: Ord. 810.
8.44.010 Purpose and findings.
The purpose of this chapter in regulating signs is to preserve and protect the public health, welfare and safety. It is intended to facilitate movement and ensure safety in public areas and on public rights-of-way. It is also intended to enhance the physical appearance of the city, make the city a more enjoyable and pleasing community, and to create a more attractive economic and business climate.
Therefore, the city finds that it is in the public interest to enact restrictions on the placement or display of signs in the public right-of-way and on public property. Notwithstanding the above, in enacting the ordinance codified in this chapter the city finds that it has a compelling and substantial interest permitting certain signs in the public right-of-way, as follows:
(a) The city finds that house or building numbers painted onto curbs are necessary to facilitate the location of property addresses by police, ambulance and fire emergency personnel.
(b) The city finds that signs not permanently affixed to the exterior of vehicles pose a safety hazard to pedestrian and vehicular traffic, are not necessary for intra- or inter-state commerce, and are contrary to the preservation of the attractive physical appearance of the city and to the preservation of an aesthetic and an attractive business and economic climate, and therefore should be prohibited.
(c) The city finds that safety, traffic, or other public information signals, signs, banners or notices erected or maintained by a public officer or employee in the performance of a public duty, are necessary in order to ensure the safety of the public, to inform the public about the location of public buildings, parks, schools, shopping districts, streets and highways, and community events.
(d) The city finds that temporary emergency or safety pedestrian and vehicular warning signs are necessary to protect the public from temporary and unanticipated dangers and public emergencies.
(e) The city finds that in order to promote freedom of expression, this chapter shall exempt signs carried by an otherwise lawfully present person; provided however, that a person located upon a public street, sidewalk or walkway may only carry a single sign which does not exceed three (3) square feet in area.
(f) The city finds that in order to promote the use of its public buildings and parks, that licensed users or lessees of such public property be permitted to erect temporary signs, provided that those signs do not deface, damage or destroy public property, and are maintained only during the duration of the license or lease. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).
8.44.020 Scope.
(a) This chapter governs:
(1) Signs installed, maintained, erected, displayed or placed within the public right-of-way or on public property;
(2) Signs pertaining to general or special elections; and
(3) Any other signs not governed by Chapter 16.92 of this code.
(b) As used in this chapter, "sign" and "signs" include, but are not limited to, any sign, poster, banner, placard or handbill not governed by Chapter 16.92, including, but not limited to:
(1) Commercial signs; or
(2) Signs pertaining to general or special elections; or
(3) Signs regarding political, sociological, religious, ethical or economic beliefs or opinions; or
(4) Signs conveying any other information not addressed in subsection (b)(1), (2) or (3) of this section.
(c) Nothing in this chapter shall apply to:
(1) House or building numbers painted onto curbs;
(2) Signs on vehicles of any kind, provided:
(A) The sign does not violate California Vehicle Code Section 26708, and/or
(B) Any sign affixed to the exterior of the vehicle is attached in such a manner so as not to interfere with the vehicle being legally operated;
(3) Safety, traffic, or other public information signals, signs, banners or notices erected or maintained by a public officer or employee in the performance of a public duty;
(4) Temporary pedestrian and vehicular emergency or safety warning signs;
(5) Signs carried by an otherwise lawfully present person; provided however, that a person located upon a public street, sidewalk or walkway may only carry a single sign which does not exceed three (3) square feet in area;
(6) Signs posted, displayed or carried by licensed users or lessees of public property which do not deface, damage or destroy public property and which are maintained only during the duration of the license or lease. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).
8.44.030 Restrictions.
(a) Except as otherwise permitted by this chapter, no sign may be posted, attached, painted, marked, or written on, or otherwise affixed to or placed upon public property or displayed in the public right-of-way. As used herein, "public property" includes, but is not limited to: highways, streets, roadways, crosswalks, curbs, curbstones, sidewalks, utility poles or boxes, hydrants, street lights, public buildings and structures, parks, recreation areas or other landscaped grounds owned or maintained by a public agency. Public right-of-way does not include unimproved right-of-way adjacent to residential property. For purposes of this chapter, the owners and occupants of residential property are considered the owners and occupants of adjacent unimproved right-of-way.
(b) Notwithstanding any other provisions of this chapter, no sign may be posted without the consent of the owner or lawful occupant of the property on which the sign is posted.
(c) Notwithstanding any other provisions of this chapter, no sign shall be posted, displayed or carried at a location or in such a manner so as to obstruct or interfere with, or pose the threat of obstructing or interfering with, vehicular or pedestrian travel, or pose a danger to any person. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).
8.44.040 Infraction.
A violation of this chapter shall be an infraction. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).
8.44.050 Removal.
Signs may not be removed from public or private property except as follows:
(a) The city manager or the city manager’s designees may remove signs posted in violation of this chapter.
(b) The city manager or the city manager’s designees shall attempt to give notice by telephone before removal of a sign from public property or the public right-of-way when no safety hazard is posed by the sign. Such attempt shall be limited to any telephone numbers printed on the sign or, in the case of election signs, on file with the city clerk.
(c) The owner or lawful occupant of property, or the owner’s designees, may remove signs from his or her property.
(d) The owner of a sign, or person(s) responsible for posting a sign, posted in violation of this chapter may remove his or her sign, provided nothing herein shall give such person the right to enter private property without the consent of the owner or lawful occupant of such property.
(e) Special Removal Rules for Election Signs.
(1) Candidates, political organizations, and others may remove signs pertaining to a specific election posted by them or on their behalf.
(2) All election signs must be removed within seven (7) calendar days after the election to which they pertain. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).
8.44.060 Severability.
If any term or provision of this chapter or portion thereof is determined to be invalid, void or unenforceable for any reason, the remainder of the terms or provisions contained herein or portions thereof shall be considered severable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (Ord. 890 § 1 (part), 1999: Ord. 877 § 1 (part), 1996).