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HomeMy WebLinkAbout2013-04-23 - AGENDA REPORTS - SIGN ORD (2)Agenda Item: S CITY OF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS City Manager Approval: Item to be presented by: Joe Montes DATE: April 23, 2013 SUBJECT: SIGN ORDINANCE DEPARTMENT: City Attorney's Office RECOMMENDED ACTION City Council introduce and and pass to a second reading "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.12 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO SIGNS PLACED ON PUBLIC PROPERTY." BACKGROUND At the February 26, 2013, City Council meeting, the City Council directed staff to return to the City Council with a draft amendment to the City's Municipal Code that would provide that any noncommercial signs removed from public property he stored by the City for some period of time, after which the owner of the sign can retrieve any such sign without paying any fine. The Council also stressed their concerns over the aesthetic and safety impacts of private signage on public property. Currently, the City's Municipal Code prohibits installation of private signage on public property. The Code authorizes Community Preservation staff to remove such signs and notify the owner of such signage that the signs can be retrieved, upon payment of a fine. The City Council has expressed concerns about fining those who have placed signs on public property (perhaps inadvertently), and who are not attempting to make a profit from the use of the public property. Attached is a draft Ordinance for consideration by the City Council which would do the following: APPROWED I . Prohibit the placement of private signage on public property and on public rights-of-way. 2. Authorize removal of private signage from public property by City or Code Compliance staff. 3. Direct City staff to store any signs removed for a period of time, and notify the owner of such signs of the ability to pick up such stored signs. 4. Authorize the issuance of a citation for the placement of signs on public property. 5. Provide that for an illegally placed noncommercial sign, in lieu of a citation and fine, the owner of such sign can consent to the storage of the sign for a period of 45 days, or until the event to which the sign relates has occurred (where a specific date of event is referenced), after which time the sign can be retrieved without the imposition of a fine. 6. Provides that any person issued an administrative citation for the illegal placement of a sign may appeal such citation administratively. As discussed at the February 26, 2013, Council meeting, cases interpreting the Constitution have allowed distinctions to be made between commercial and noncommercial signage. However, distinctions among varying types of noncommercial signage are problematic. Thus, while the Council's discussion has focused on election signage, the draft Ordinance only makes distinctions between commercial and noncommercial signage. This Ordinance enables Code Compliance staff to continue its efforts to deter the placement of illegal signage on public property. It also allows Community Preservation staff to remove signage placed upon public property which may present safety and aesthetic concerns. Finally, the Ordinance provides a non -fine alternative deterrent to the illegal placement of noncommercial signage. ALTERNATIVE ACTIONS Other actions as determined by City Council. FISCAL IMPACT There is no fiscal impact as a result of this item. ATTACHMENTS Ordinance Amending Chapter 11.12 - Santa Clarita Municipal Code pertaining to signs placed on public property 2 ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.12 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO SIGNS PLACED ON PUBLIC PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ORDAINS AS FOLLOWS: SECTION 1. Findings. The City Council finds as follows: A. Chapter 11.12 of the Santa Clarita Municipal Code generally prohibits the placement of unauthorized signs on public property. That chapter authorizes the removal of such signs and the imposition of fines in connection with the retrieval of such signs once removed. B. The City Council wishes to amend the penalty provisions of Chapter 11.12. C. In establishing the amended penalty provisions, the City Council finds that there is a difference between illegally place commercial and illegally placed noncommercial signage. Illegally placed commercial signage is an attempt to utilize public property for profit, which California law recognizes in other contexts such as under the Franchise Act, as requiring the payment of monetary compensation to the City. Accordingly, a citation and fine is an appropriate monetary deterrent to such improper commercial activity. D. Noncommercial signage, in contrast, is not an attempt to make a profit from use of the public property. Rather, it is the use of public property for the purpose of trying to convey an idea or message without the goal of financial gain. Thus, while a financial deterrent may be effective in some instances, an alternative deterrent in the form of the loss of the use of the illegally placed sign for a period of time (and thus the loss of the ability to convey the message with such illegally placed sign during that period) is an appropriate alternative penalty. SECTION 2. Amendment to the Santa Clarita Municipal Code. Chapter 11.12 is hereby amended as set forth on the attached Exhibit A. SECTION 3. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(c)(3) (the activity does not have the potential for causing a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. I SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. PASSED, APPROVED AND ADOPTED this day of 2013 Bob Kellar, Mayor ATTEST: Armine Chaparyan, Acting City Clerk APPROVED AS TO FORM: Joseph Montes, City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF SANTA CLARITA ) I, Armine Chaparyan, Acting City Clerk of the City of Santa Clarita, certify that the foregoing Ordinance No. was passed and adopted by the City Council of the City of SANTA CLARITA at a regular meeting of the Council held on the day of 2013 and that such ordinance was adopted by the following vote: F -AVM l NOES: ABSENT: Armine Chaparyan, Acting City Clerk Exhibit A 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 A2,040 Paint in Aerosol Cans Prohibited When. 11.12.050 Sale of Aerosol Paint Containers—Storage Requirements. 11.12.060 Removal of Unauthorized Signs. 11.12.070 Violation—General Penalty. 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. 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. 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or other public right-of-way of the City. 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. 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. 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 It 0) 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. 11.12.070 Violation—General 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. 11.12.00o Alternative Penalty—Noncommercial Signage A. Notwithstanding section 11.12.070, any noncommercial sign (as defined in Section 17.19.020) 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 a) reclaim such sign within ten (10) days, subject to the citation and imposition of fines contemplated by section 11.12.070, or b) 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. `, Exhibit A 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. 11.12.070 Violation—General Penalty. 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. 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. 11.12.030 Signs or Billboards on Public Highways Prohibited. No person shall erect, construct, place or maintain any signboard, billboard, sign or advertisement in, over or on any public highway or other public right-of-way of the City. 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. 4 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. 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. 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 asset 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. 11.12.070 Violation—General 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: 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; 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. 11.12.080 Alternative Penalty—Noncommercial Signage A. Notwithstanding section 11.12.070, any noncommercial sign (as defined in Section 17.19.020) 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 a) reclaim such sign within ten (10) days, subject to the citation and imposition of fines contemplated by section 11.12.070, or b) 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.