Chapter 12.28
REGULATIONS FOR SIGNS ON CITY PROPERTY AND ON THE PUBLIC RIGHT-OF-WAY Revised 4/24
Sections:
12.28.010 Authority, purpose, scope and intent.
12.28.020 Basic policies. Revised 4/24
12.28.040 Traditional public forum areas. Revised 4/24
12.28.060 Particular locations.
12.28.080 Laurel Street banner.
12.28.010 Authority, purpose, scope and intent.
A. Authority. This policy is adopted pursuant to the City’s general and police powers, property rights, Government Code Sections 65850(b), 38774 and 38775, Business and Professions Code Section 5200 et seq., and Penal Code Section 556 et seq.
B. Capacity. In adopting this policy, the City acts in its proprietary capacity as to City property, as defined herein, and pursuant to its police powers as to portions of the public right-of-way in which the fee title is not held by the City.
C. Scope. This policy states the intent, rules, regulations, and procedures regarding placement of signs on City property, as defined herein.
D. Intent. The purposes and intents of this policy include, but are not limited to:
1. To accommodate the need for orderly expression in traditional public forum areas, such as streets, parks and sidewalks;
2. To preserve and enhance the aesthetic appearance and natural beauty of the City;
3. To serve the public interest in safety, both pedestrian and traffic;
4. To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs on City property;
5. To enhance the visual attractiveness of the City, for residents and visitors;
6. To advance the goals, policies and programs of the General Plan; and
7. To allow private parties to place signs on certain areas of City property, subject to the rules and policies stated herein. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.020 Basic policies. Revised 4/24
A. Compliance Required. As to private parties and governmental units other than the City, only signs authorized by this policy may be built, displayed, erected or maintained on City property, as defined herein. Authorization shall take the form of a permit or an exemption from the permit requirement as explicitly stated in this policy.
B. Enforcement. The Public Works Director or designee is authorized and directed to enforce and administer the provisions of this policy. Any private party sign placed on City property or in the public right-of-way in violation of City policy is a trespass, and a public nuisance, and may be summarily abated by the City. Such unauthorized signs on City property also constitute misdemeanors under Penal Code Section 556.
C. Interpretations. Interpretations of this policy shall be made initially by the Public Works Director or designee, whose decision may be appealed to City Council under the appeal procedures set forth in Chapter 18.22. However, signs subject to this chapter need not appeal first to the Planning and Transportation Commission.
D. Intent as to Public Forum. The City declares its intent that no City property shall function as a designated public forum, unless some specific portion of City property is designated herein as a public forum of one particular type, or by formal action of the City Council; 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. 1612 § 1 (Exh. A), 2024; Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.030 Definitions.
A. Partial Incorporation of Sign Ordinance Definitions. All definitions from the sign ordinance, Chapter 18.22, are incorporated, unless they are limited or modified by this policy.
B. Special Definitions. The following definitions apply to this policy:
“Billboard” means a permanent structure sign in a fixed location, which meets any one or more of the following criteria:
1. It is intended to be used for, or is actually used for, the display of general advertising or general advertising for hire;
2. It is used for or intended to be used for the display of commercial advertising messages which pertain to products and/or services which are offered at a different location, also known as off-site commercial messages;
3. It constitutes a separate principal use of the property, in contrast to an auxiliary, accessory or appurtenant use of the principal use of the property.
“City property” means real property over which the City (1) holds an interest, including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and (2) has the present right of possession and control.
“Hand-held sign” means a sign displaying a noncommercial message that is held by a natural person, not including insignia on apparel or aspects of personal appearance.
“Public events banner” means a sign made of material similar to heavy canvas or reinforced plastic and used in connection with a community event, parade, protest march or demonstration.
“Snipe sign” means a temporary sign displaying a commercial message, placed on City property or the public right-of-way in violation of this chapter or other applicable law.
“Street banner” means a sign made of material similar to heavy canvas or reinforced plastic, attached to poles or buildings, and suspended over a City street from time to time.
“Traditional public forum” means the surfaces of City-owned streets, City-owned parks during the hours that they are normally open to the public, sidewalks that are connected to the City’s main pedestrian circulation system. In consultation with the City Attorney, the Director of Public Works shall interpret this phrase for compliance with court decisions. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.040 Traditional public forum areas. Revised 4/24
A. Applicability. This section applies only in traditional public forum areas as defined herein.
B. Display Right. In an area qualifying as a traditional public forum, private persons may display signs expressing noncommercial messages that are within the protection of the First Amendment, without a permit, but subject to:
1. The signs must be personally held by a person, or personally attended by one or more persons;
2. Inanimate signs which are left unattended may not be displayed under this section, regardless of the type of message they may display;
3. The signs may be displayed only during the time period of sunrise to thirty minutes after sunset, except on occasions when the City Council, Planning and Transportation Commission, or other reviewing authority of the City is holding a public hearing or meeting; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned;
4. The maximum aggregate area of all signs held by a single person is eight square feet, measured one side only. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area;
5. The maximum area of any one sign that is personally held or attended by two or more persons is thirty-two square feet, measured one side only;
6. The sign must have no more than two display faces and may not be inflatable or air-activated;
7. In order to serve the City’s interests in traffic flow and safety, persons displaying signs pursuant to this section 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 feet width clearance for pedestrians to pass by. Signs and persons holding signs may not block the free and clear vision of drivers, bicyclists and pedestrians;
8. So long as the foregoing rules are followed, no permit is required for display of signs authorized by this section.
C. Prohibited Sign Display. Other than as stated in subsection B of this section, or other explicit provisions of this policy, no private party signs may be mounted, erected, maintained, or displayed on City property. Without limitation, snipe signs and commercial mascots may not be displayed on City property or the public right-of-way. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.050 Official signs.
The following signs may be erected and displayed on City property, subject to the rules set herein:
A. Traffic control and traffic directional signs erected or authorized 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;
D. Signs expressing the City’s own message on City property.
No permit is required for the signs authorized by this section. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.060 Particular locations.
A. A-Frame Type Signs Promoting Community Events. In seven specified areas of the City, A-frame signs promoting special events which are sponsored or promoted by nonprofit organizations based in San Carlos, or with an active affiliate in San Carlos, and/or sponsored or co-sponsored by the City, may be displayed within fourteen calendar days of the conclusion of the event, subject to the rules stated in this section.
B. Available Areas. The A-frame signs subject to this section may be displayed only in the following areas (on the sidewalk or island):
1. Brittan Avenue and Alameda de las Pulgas (island west of Alameda);
2. Brittan Avenue and Cedar Street (northeast corner);
3. Brittan Avenue and Old County Road (northeast or northwest corners);
4. Holly Street and Industrial Road (northwest corner);
5. Howard Avenue and Old County Road (northeast or northwest corners);
6. San Carlos Avenue and Alameda de las Pulgas (island east of Alameda);
7. San Carlos Avenue and Elm Street (southwest corner).
C. Reservations—Priority Status. Reservations are booked on a first come, first served basis as well as the event’s priority status; events sponsored or co-sponsored by the City will receive first priority status.
Events promoted by nonprofit organizations based in the City of San Carlos, but not sponsored or co-sponsored by the City, are given second priority status.
Reservations are subject to scheduling priorities. Application does not guarantee placement authorization.
D. Qualifying Events. The community events promoted by the signs subject to this section must take place within the City of San Carlos, and must be open to all members of the public on substantially the same terms as members of the sponsoring organizations. Noneligible events include those which are not open to or suitable for all ages, those which are predominantly religious or political in nature, those which are primarily commercial in nature, and those which discriminate on any illegal basis.
E. Application Forms. All applications for reservations must be received on the official City of San Carlos application form prior to booking. No partial applications will be accepted.
F. Limits on Number and Display Time. No more than four A-frame signs per organization or event shall be displayed at any one time. There shall be no more than three A-frame signs per location. Allowable signs may not be displayed for more than fourteen consecutive calendar days per event.
G. ADA Compliance—Access and Safety. The signs may only be displayed in a manner that assures continuous ADA access and not block or impede pedestrian or vehicular traffic.
H. Physical Structure. A-frame signs shall be constructed of high quality materials and shall not exceed three feet in height and no more than six square feet total.
I. Removal for Safety Reasons. Any sign allowed by this section may be summarily moved or removed by the City of San Carlos Police Chief whenever such sign(s) constitutes an immediate and significant threat to the public safety by virtue of its physical condition or location, or to facilitate public safety officials in dealing with any public emergency.
J. Removal. The sponsoring organization shall remove the A-frame sign(s) within twenty-four hours of the end of the special event.
The sponsoring organization agrees to indemnify the City for any claims arising out of the placement of private party signs on City property. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.070 Encroachments.
A. Encroachment Policy. With the exception of those signs described in Section 12.28.060, signs that are mounted on private property but that project over the public right-of-way, or otherwise extend into or over City property, are authorized only when all of the following conditions are satisfied:
1. The sign must satisfy all requirements of Chapter 18.22;
2. The sign may not project more than four feet from a building face nor project to a distance nearer than two feet from the street curb;
3. The sign must be mounted so as to provide a ground clearance of at least eight vertical feet;
4. The message substitution policy of the sign ordinance, Section 18.22.020(G), shall apply to signs authorized by this section;
5. An encroachment permit must be issued before the sign is installed. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.080 Laurel Street banner.
A. Qualifying private parties may place a banner over Laurel Street subject to the rules stated in this section. The purpose of this program is to allow City property to be used to promote events occurring within the limits of the City of San Carlos, which are sponsored by nonprofit organizations either based in San Carlos or which have a local affiliate in San Carlos. The events must not be primarily of a religious or political nature, must be open to all members of the public on substantially the same basis as members of the sponsoring organization, must not discriminate on any legally forbidden basis, and must be open to and suitable for persons of all ages. Event sponsors must qualify as non-profit and/or tax exempt under IRS rules.
B. The City accepts reservation applications to display a banner over Laurel Street throughout the year. The banner calendar is scheduled annually and will be revised throughout the year to accommodate as many qualifying requests as possible.
C. Reservations are booked on a first come, first served basis and the event’s priority status.
D. City events are given first priority status; banner requests from qualifying private parties are given second priority status. In the event of a scheduling conflict between a City event and a banner request from a qualifying private party, placement will be granted to the City event first. Banner requests from qualifying private parties may be bumped by a City event until the application from the qualifying private party is deemed complete.
E. Denied applications may be appealed directly to the City Council.
F. Banners from qualifying private parties may be displayed for one week only unless otherwise approved by the Director of Public Works.
G. Reservations do not guarantee banner placement but rather serve as a placeholder until the application is deemed complete. In the case of scheduling conflicts between banner requests from qualifying private parties, the private parties should attempt to negotiate terms or exchanges; if that fails, the time slot will be given to the earliest complete application.
H. All application for reservations must be received in writing on the application form provided prior to booking. The application must include the date of the event, sufficient information to verify that the sponsor and the event qualify, and state the preferred dates for display. Display weeks are Monday through the following Sunday.
I. An application is complete only when the fee, if any, in an amount set by City Council resolution, and proof of liability insurance, in form acceptable to the City’s Risk Manager, which names the City as an additional insured, is provided to the Director of Public Works.
J. The Director of Public Works or designee is authorized and directed to prepare an application form and make it available to all on request.
K. Physical Requirements. When approved as qualified, and scheduled, event sponsors should deliver their new banner to the corporation yard located at 1000 Bransten on the Thursday before the banner is scheduled to be displayed. For banners that are already in the corporation yard but will require minor changes or revisions, it is the applicant’s responsibility to schedule a time for banner pickup and ensure its return on the Thursday before the banner is scheduled to be displayed. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.085 Billboards.
A. Notwithstanding anything in the San Carlos Municipal Code to the contrary, the City Council may enter into agreements with one or more private parties to erect, maintain and/or operate new billboards on City property, as provided under this chapter.
B. No person, firm, or corporation may authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any new billboards on City property pursuant to this chapter without first entering into an agreement with the City in accordance with this chapter.
C. No person, firm, or corporation may authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any new billboards on City property pursuant to this chapter without first obtaining a City property sign permit to do so, including making the required findings and paying the appropriate fees prescribed therefor, all under Section 18.22.050.
D. Any or all of new billboards authorized on City property under this chapter may be digital signs and/or freestanding signs as permitted under Sections 18.22.050 and 18.22.080(M). (Ord. 1467 § 1 (Exh. A (part)), 2013)
12.28.090 City’s messages.
Nothing in this chapter limits in any way the City’s ability to use City property for the expression of its own messages. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)
12.28.100 Enforcement.
Unless no permit is required pursuant to this policy, any unauthorized, unapproved, nonexempt sign on City property is subject to immediate removal and impoundment without notice. Impounded signs will be held for thirty days. The City will make reasonable attempts to contact the sign owner and provide the owner with ten days’ notice to reclaim the sign upon recovery of City’s costs. Impounded signs, which remain unclaimed after thirty days, may be disposed of in any manner whatsoever at the discretion of the City. (Ord. 1467 § 1 (Exh. A (part)), 2013: Ord. 1415 § 4 (Exh. B (part)), 2010)