HomeMy WebLinkAbout2013-02-26 - AGENDA REPORTS - SIGN ORDINANCE (2)Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
UNFINISI-IED BUSINESS City Manager Approval
Item to be presented by:
DATE: February 26, 2013
SUBJECT: SIGN ORDINANCE
DEPARTMENT: City Attorney's Office
RECOMMENDED ACTION
Joe Montes
City Council conduct a first reading 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 June 12, 2012 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
election signs removed from public property be stored by the City until after the election to
which they relate occurs, at which time the owner could retrieve such sign without paying any
fine. At that same meeting, the City Attorney advised that because regulations that distinguish
between types of non-commercial messages are problematic, such an ordinance would have to
relate to all signs relating to events, rather than just political signs related to elections.
In reviewing legal issues associated with adoption and implementation of such an ordinance, and
in speaking with Community Preservation staff, it appears that such an ordinance would actually
impede Community Preservation's efforts to eliminate sign blight as it creates an enforcement
issue for signs that do not relate to a specific event. It also has the potential to create confusion
for those who place commercial signage on public property. Community Preservation has been
very effective in reducing the incidents of illegal commercial signage being placed in the public
right of way by taking a year-round zero tolerance approach. From the perspective of
Community Preservation staff, an ordinance that allows removal of signs from public property
and imposition of fines for any signs found on public property is critical to Community
Preservation's efforts to clean up illegal signage placed throughout the City.
At the same time, City Staff recognizes the City Council's desire to accommodate an increase in
signage during local elections to allow both candidates and voters access to additional venues for
communication.
Courts have recognized a City's ability to limit public access to certain publicly owned
properties, as there are some public properties which are more suited to public debate and some
which are more suited to governmental purposes. With respect to public streets, courts have
recognized the difference between public assembly and discourse on those streets (which courts
have protected) versus posting unattended messages on public streets (which cities can limit).
The attached draft ordinance seeks to enhance First Amendment rights prior to local elections by
allowing the posting of temporary freestanding noncommercial signage on City -owned property
not otherwise available for such use by the public. At all other times, the Ordinance preserves
the non-public nature of that City property.
The proposed ordinance would facilitate Community Preservation's efforts to eliminate illegal
signage by allowing Community Preservation staff to remove private signs placed in the public
right of way while also allowing Community Preservation staff to cite the owner of such signs
and impose fines in connection therewith, with a limited exception: during the 45 day period
prior to any local election in which a City Councilperson is being elected, temporary
freestanding noncommercial signs can be posted on public property, provided that the following
criteria for such signs are met:
• They are no larger than four square feet, or taller than thirty (30) inches, and
They are not placed within certain designated areas that would jeopardize public safety
(medians, blocking traffic signs, etc.) and are not attached to public improvements
(fences, trees, traffic signs, etc.), and
• They are removed within one week (7 calendar days) after the date of the election.
This approach allows Community Preservation staff to continue their successful illegal sign
elimination program for commercial signage year-round, and for non-commercial signage at
most times, while meeting the needs of increased signage during the election season. This
ordinance, if adopted, would be provided to all potential City Council candidates in the Election
Handbook and the Election Handbook will be continually updated each election cycle with the
exact dates that the signs may be placed on public property without penalty.
In terms of the distinction between commercial and non-commercial signage made in the
ordinance, courts have recognized that such a distinction may be made—and the City's current
codes do make such a distinction with respect to temporary signage allowed on residential
properties. Further, as indicated above, the issue is less one of restricting commercial First
Amendment rights and more one of enhancing noncommercial signage rights by allowing limited
access to property not otherwise accessible to the public.
Further, the distinction between commercial and non-commercial signage is warranted based
upon the City's aesthetic conerns. While aesthetic concerns would be partially compromised by
the appearance of noncommercial signage prior to an election, the impact would be nowhere near
the degree if commercial signage were allowed in that same period. Illegal commercial signage
on public property is a chronic problem that requires significant code compliance staff resources.
Consequently, providing any period during which commercial signage is allowed could result in
a dramatic proliferation of signage.
ALTERNATIVE ACTIONS
Direct the City Attorney to draft an ordinance that would allow placement of temporary
commercial and noncommercial signs on public property during the 45 day period prior to a
local election.
Other actions as determined by City Council.
FISCAL IMPACT
There is no fiscal impact as a result of this item.
ATTACHMENTS
Ordinance - Chapter 11.12 - Sign Ordinance
ORDINANCE NO. 13 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.12 OF
THE SANTA CLARITA MUNICIPAL CODE
CONCERNING SIGNS PLACED ON PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Section 11.12 is amended to read as follows:
Chapter 11.12
INTERFERENCE WITH CITY PROPERTY OR NOTICES
Sections:
l 1.12.010 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.
1 1.12.040 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—Penalty.
1 1.12.080 Posting During Local Election Period
11.12.010 Removing or Defacing Official Notices Prohibited—Exception.
No person shall intentionally deface, tear down, obliterate or destroy any copy, transcript or
extract of or from any ordinance of the City which shall be 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 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)
11.12.020 Posting Signs and Defacing Property Prohibited When.
No person shall 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. Formerly 11. 12.030)
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. (Ord.
89-29, 1/23/90; Ord. 11-5 § 1, 2/22/11. 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. 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.
Formerly 11.12.055)
11.12.060 Removal of Unauthorized Signs.
A. The Sheriff or an agent of the Community Development Department, including a Code
Enforcement Officer, shall remove or cause to be removed every handbill, dodger, notice, sign or
advertisement painted, posted, attached or affixed contrary to the provisions of Section
11. 12.020 or 11.12.030. No notice is required for such removal.
B. Except as set forth in section 11.12.080, Any signboard, billboard or sign placed or
maintained in violation of Section 11. 12,020 or 11. 12.030 and removed pursuant to this section,
except any sign of de minimis value, shall be held by the City in storage and the owner or other
person in control of the illegally placed or maintained signboard, billboard or sign must be given
ten (10) days' written notice to reclaim such signboard, billboard or sign. In the event the City,
after making reasonable efforts, is unable to identify the owner or person in control of the
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illegally placed or maintained signboard, billboard or sign, no notice is required.
C. Notwithstanding the timing for payment set forth in section 23.20.070, in order to reclaim a
signboard, billboard or sign removed by the City pursuant to this section, the owner or person in
control of such signboard, billboard or sign must first pay to the City the fine imposed pursuant
to Section 11.12.070(B).
D. The City may destroy any signboard, billboard or 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 signboard, billboard or sign, the illegally placed or
maintained signboard, billboard or sign will be presumed to be abandoned and may be destroyed
by the City within ten (10) days after removal 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)
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;
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;
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. (Ord.
89-29, 1/23/90; Ord. 08-4 § 1, 4/22/08; Ord. 11-5 § 1, 2/22/11)
11.12.080 Posting During Local Election Period
A. Notwithstanding any other provision of this Chapter, during the 45 day period preceding
an election which includes the office of Santa Clarita City Councilperson (a "local election" for
purposes of this section), temporary freestanding noncommercial signs may be placed on public
property, provided that all of the following requirements are met:
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They are not
a. placed in medians or otherwise placed in such a manner as to block the
visibility, as determined by the Sheriff or Community Development staff, of a
publicly owned or maintained sign or traffic control device located on public
property.
b. placed in a manner that impacts traffic safety, as determined by the
Sheriff or Community Development staff,
c. attached to fences, phone poles, public signs, trees or shrubs, utility
guy wires, support wires or placed on the sidewalk.
d. larger than four square feet or taller than thirty (30) inches above street
grade.
Temporary freestanding noncommercial signs placed in violation of these requirements will be
removed by the Sheriff or Community Development Staff, and the owner will be notified of the
right to retrieve such sign without penalty. If an owner does not retrieve such sign within 10
days of notification, or the identity of the owner cannot be ascertained, the sign will be
destroyed.
2. That such signs are removed no later than one week after the date of the election. Temporary
freestanding noncommercial signs not removed within that time will be summarily removed and
destroyed by the Sheriff or Community Development staff, without the provision of notice, and
without the imposition of any fine or issuance of any citation.
B. The City Clerk shall provide a copy of this Chapter of the Municipal Code to all candidates
running for Santa Clarita City Council, as well as the exhibit referenced in A. La. herein, and
such copy shall be accompanied with a notification as to the beginning of the 45 day posting
period, as well as the last date upon which temporary freestanding noncommercial signs must be
removed pursuant to this section.
SECTION 2. 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.
SECTION 3. 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
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SECTION 4. This Ordinance shall be in full force and effect thirty (30) days from its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this day of 2013.
ATTEST:
INTERIM CITY CLERK
DATE:
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MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Armin6 Chaparyan, Interim City Clerk of the City of Santa Clarita, do hereby certify
that the foregoing Ordinance 13- was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on the 26th day of February 2013. That thereafter, said
Ordinance was duly passed and adopted at a regular meeting of the City Council on the day
of 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance and
was published in The Signal newspaper in accordance with State Law (G.C. 40806).
INTERIM CITY CLERK