Chapter 9.49
NONCOMMERCIAL SIGNS ON PUBLIC PROPERTY
Sections:
9.49.060 Penalty for failure to remove.
9.49.070 Penalty for violation.
9.49.010 PURPOSE.
The purposes of this chapter are as follows:
(a) To accommodate the need for full expression of noncommercial ideas and messages in a forum freely accessible to the public at minimal cost;
(b) To minimize the threats to traffic safety posed by distracting signs on and along city streets;
(c) To avoid the blighting effect of randomly placed temporary signs cluttering public spaces;
(d) To harmonize the city’s policy of promoting freedom of speech with its comprehensive program of aesthetic protection and beautification;
(e) To prevent interference with the normal and primary uses of public objects;
(f) To minimize windblown litter;
(g) To prevent damage to public property;
(h) To assure equal access to temporary signs by all persons seeking to use them.
(Ord. 83-33 § 1, 1983).
9.49.020 DEFINITIONS.
(a) Commercial Sign. A “commercial sign” is one whose message concerns goods or services offered for consideration by a person engaged in a profit-oriented business.
(b) Noncommercial Sign. A “noncommercial sign” is any sign that is not commercial. Noncommercial signs include:
(1) Advertising displays erected by non-profit organizations for fundraising and related purposes; and
(2) Signs containing political, civic, public service, or religious messages.
(Ord. 83-33 § 1, 1983).
9.49.030 PERMITTED SIGNS.
Noncommercial signs may be placed on public property only on public light and utility poles, kiosks and public bulletin boards as provided in this section. Signs found to violate this section may be summarily removed by anyone.
(a) Each sign must state the name and address of the person responsible for its placement and the date of its placement.
(b) Each sign must be capable of being removed without marring or otherwise damaging the object to which it is attached.
(c) No sign may be affixed with glue or any other substance except tape.
(d) No portion of a sign may protrude from the edge of the object to which it is attached.
(e) Signs on the Pacific Garden Mall must be placed on the information kiosks designed and maintained for that purpose and not elsewhere; noncommercial banners may be installed by city employees pursuant to procedures adopted by the city council and are exempted from the requirements of subsections (a) and (d) of this section.
(f) Signs authorized by this chapter may not exceed fourteen inches in their longest dimension.
(g) Only one copy of a single sign may be posted on any one light or utility pole.
(Ord. 84-39 § 1, 1984: Ord. 83-33 § 1, 1983).
9.49.040 PROHIBITED SIGNS.
The following signs are prohibited on public property:
(a) Commercial signs;
(b) Signs placed on any building, fence, fire alarm, utility guy wire, support wire, traffic sign, signal or standard, or on any tree or shrub;
(c) Signs placed on or over any portion of another lawfully placed sign.
(Ord. 83-33 § 1, 1983).
9.49.050 REMOVAL OF SIGNS.
All signs placed in conformity with this chapter must be removed as follows:
(a) Torn, tattered or damaged signs must be immediately removed or replaced.
(b) Signs relating to political campaigns or civic events must be removed within ten days following the election or event.
(Ord. 83-33 § 1, 1983).
9.49.060 PENALTY FOR FAILURE TO REMOVE.
Signs found to violate any portion of this chapter may be removed by the city. The person or group responsible for placing the sign or causing it to be placed may be billed for the cost of its removal and the cost of billing and bill collection.
(Ord. 83-33 § 1, 1983).
9.49.070 PENALTY FOR VIOLATION.
Violation of this chapter is an infraction. Each sign placed in violation of Section 9.49.030 or9.49.040 or allowed to remain beyond the time specified for removal in Section 9.49.050 shall constitute a separate offense for purposes of this section. This remedy is in addition to, and not exclusive of, the remedy provided in Section 9.49.060.
(Ord. 83-33 § 1, 1983).
9.49.075 EVIDENCE ESTABLISHING RESPONSIBILITY FOR POSTING OF COMMERCIAL SIGNS IN VIOLATION OF THIS CHAPTER.
For purposes of establishing responsibility for posting of commercial signs in violation of Section 9.49.040(a), information that appears on any sign such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device:
(a) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event.
(b) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.
(Ord. 2005-18 § 2, 2005).
9.49.080 SEVERABILITY.
If any provision of this chapter is found to be invalid such invalidity shall not affect any other provision of this chapter.
(Ord. 83-33 § 1, 1983).