Chapter 11.12
INTERFERENCE WITH CITY PROPERTY OR NOTICES
Sections:
11.12.010 Removing or Defacing Official Notices Prohibited—Exception.
11.12.020 Posting Signs and Defacing Property Prohibited When.
11.12.030 Signs or Billboards on Public Highways Prohibited.
11.12.040 Paint in Aerosol Cans Prohibited When.
11.12.050 Sale of Aerosol Paint Containers—Storage Requirements.
11.12.060 Removal of Unauthorized Signs.
11.12.080 Alternative Penalty—Noncommercial Signage.
11.12.010 Removing or Defacing Official Notices Prohibited—Exception.
No person may intentionally deface, tear down, obliterate or destroy any copy, transcript or extract of or from any ordinance or resolution of the City which is posted in, on or along any highway or other public place, or any proclamation, advertisement or notice set up at any place by authority of any ordinance, resolution or policy of the City, before the expiration of the time in which such proclamation, advertisement or notice was to remain set up. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13)
11.12.020 Posting Signs and Defacing Property Prohibited When.
No person may paint, post, attach or affix any handbill, dodger, notice, sign or advertisement upon or to any bridge, fence, building, traffic signals, stop signs or other property belonging to the City, or any tree situated in any public highway of the City, or in any public right-of-way; and no person shall deface, mar or disfigure any bridge, fence, building or other structure belonging to the City, or any tree situated in any public highway of the City, by painting, cutting, scratching or breaking the same or attaching or affixing anything thereto. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11.12.030)
11.12.030 Signs or Billboards on Public Highways Prohibited.
No person shall erect, construct, place or maintain any sign, including a billboard, in, over or on any public highway or other public right-of-way of the City except where approved pursuant to Sections 17.26.100 (Billboard Reduction and Relocation Agreement) and 17.28.100 (Development Agreements), or as otherwise approved by the City. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13; Ord. 14-1 § 5 (Exh. A), 3/25/14. Formerly 11.12.040)
11.12.040 Paint in Aerosol Cans Prohibited When.
A. A person, other than a City agent, official or employee, shall not carry any aerosol can of paint into or upon any City-owned building, grounds, park or other facility without the permission of the City officer in charge. For the purposes of this section, a public highway is not a City-owned facility.
B. No person shall sell, exchange, give or loan, or permit to be sold, exchanged, given or loaned, any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) years, unless such person be the parent, legal guardian, employer or state-credentialed teacher of the minor.
No person under the age of eighteen (18) years of age shall purchase any pressurized can containing paint or dye except from his or her parent, legal guardian, employer or state-credentialed teacher. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11.12.050)
11.12.050 Sale of Aerosol Paint Containers—Storage Requirements.
Any business or establishment offering for sale to the public aerosol paint containers shall keep, store and maintain such aerosol paint containers in a place that is locked and secure, or otherwise made unavailable to the public. (Ord. 90-14, 6/26/90; Ord. 92-4, 3/24/92; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13. Formerly 11.12.055)
11.12.060 Removal of Unauthorized Signs.
A. City personnel, including, but not limited to, a Code Enforcement Officer or other person designated pursuant to Section 23.10.040, shall remove or cause to be removed every handbill, dodger, notice, sign, signboard, billboard or advertisement (collectively “sign” for purposes of this chapter) painted, posted, attached or affixed contrary to the provisions of Section 11.12.020 or 11.12.030. No notice is required prior to such removal.
B. Except as set forth in Section 11.12.080, any sign placed or maintained in violation of Section 11.12.020 or 11.12.030 and removed pursuant to this section, except one of de minimis value, will be held by the City in storage and the owner or other person in control of the illegally placed or maintained sign must be given written notice of the right to reclaim such sign within ten (10) days of the date of the notice. In the event the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained sign, no such notice is required.
C. Notwithstanding the timing for payment set forth in Section 23.20.070, in order to reclaim a sign removed by the City pursuant to this section, the owner or person in control of such sign must first pay to the City the fine imposed pursuant to Section 11.12.070(B).
D. The City may destroy any sign that is not reclaimed after ten (10) days if the City has provided the written notice required by subsection (B) of this section.
E. If the City has not provided the written notice required by subsection (B) of this section because the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained sign, the illegally placed or maintained sign will be presumed to be abandoned and may be destroyed by the City.
F. Any sign of de minimis value placed or maintained in violation of Section 11.12.020 or 11.12.030 will be deemed to be abandoned and may be destroyed by the City after removal without notice. For purposes of this section, a sign of de minimis value is any handbill, dodger, or leaflet. (Ord. 89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13)
11.12.070 Violation—Penalty.
A. Any violation of the provisions of this chapter constitutes a misdemeanor and in addition to any other available penalties or remedies will be subject to the penalties set forth in Chapter 23.10.
B. An administrative citation shall be issued for a violation of Section 11.12.020 or 11.12.030. Such citation shall be subject to the administrative review and appeal procedures set forth in Chapter 23.20. A violation shall be punishable as follows:
1. A fine not exceeding fifty dollars ($50.00) total for the day in which the first violation occurs, regardless of the number of signs removed pursuant to Section 11.12.060 on that day;
2. Subsequent to the date of the first violation, a fine not exceeding one hundred dollars ($100.00) for a second violation of the same provision within one (1) year of the first violation, where each illegally placed sign constitutes a separate violation on that date of second violation;
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of the same provision within one (1) year of the first violation, where each illegally placed sign constitutes a separate violation. (Ord. 89-29, 1/23/90; Ord. 08-4 § 1, 4/22/08; Ord. 11-5 § 1, 2/22/11; Ord. 13-4 § 2 (Exh. A), 5/14/13)
11.12.080 Alternative Penalty—Noncommercial Signage.
A. Notwithstanding Section 11.12.070, any noncommercial sign (as defined in Section 17.11.020 (Definitions)) placed or maintained in violation of Section 11.12.020 or 11.12.030 and removed pursuant to this chapter, except any sign of de minimis value, will be held by the City in storage and the owner or other person in control of the illegally placed or maintained sign must be given written notice to (1) reclaim such sign within ten (10) days, subject to the citation and imposition of fines contemplated by Section 11.12.070, or (2) avoid the issuance of a citation, thereby foregoing any appeal right, and instead elect the alternative penalty set forth pursuant to subsection (B) of this section within ten (10) days of the notice. In the event the City, after making reasonable efforts, is unable to identify the owner or person in control of the illegally placed or maintained sign, no notice is required and the sign may be destroyed by the City.
B. The owner or other person in control of the illegally placed noncommercial sign receiving notice pursuant to subsection (A) of this section may elect to have the City store the sign for a period of forty-five (45) days, unless the sign relates to an ascertainable event in which case until after the event to which the sign relates has occurred, after which period the sign may be picked up from the City without the imposition of any fine. (Ord. 13-4 § 2 (Exh. A), 5/14/13; Ord. 13-8 § 4 (Exh. F), 6/11/13)