5-34.01    Purpose

5-34.02    Definitions

5-34.03    Sidewalk Sign Permit Required

5-34.04    Application for Sign Permit

5-34.05    Indemnification

5-34.06    Placement of Sidewalk Signs

5-34.07    Size of Sidewalk Signs

5-34.08    Hours of Display

5-34.09    Number of Sidewalk Signs

5-34.10    Exceptions

5-34.11    Penalties and Enforcement

5-34.01 Purpose.

The purpose of this chapter is to provide for the regulation of signs on public sidewalks; to provide needed information for the public while allowing for safe passage for pedestrians on public sidewalks; and to establish procedures to process review of sign permit applications for proposed signs on public sidewalks.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.02 Definitions.

The following definitions shall apply in this chapter:

(a)    “Business location” means the principal location within the City where the applicant for the sign permit conducts business.

(b)    “City” means the City of Emeryville.

(c)    “City Manager” means the City Manager of the City of Emeryville or the City Manager’s designee.

(d)    “Director” means the Director of the Public Works Department or the Director’s designee.

(e)    “Major commercial thoroughfare” shall mean the following streets in the City:

(1)    Horton Street.

(2)    Powell Street.

(3)    Shellmound Street.

(4)    Shellmound Way.

(5)    Bay Street.

(6)    Christie Avenue.

(7)    Hollis Street.

(8)    40th Street.

(9)    San Pablo Avenue.

(10)    Adeline Street.

(11)    Park Avenue.

(f)    “Pedestrian” includes persons using assisted mobility devices.

(g)    “Person” includes a natural person, firm, partnership, co-partnership, association, organization, company, corporation, trustee, or any other legal entity.

(h)    “Public property” includes public right-of-way and any other property owned or controlled by the City, the Emeryville Redevelopment Agency, or the Community Development Commission of Emeryville.

(i)    “Public right-of-way” means and includes the area and those areas dedicated to public use for public street purposes including but not limited to roadways, parkways, alleys and sidewalks.

(j)    “Roadway” is that portion of a public right-of-way improved, designed and ordinarily used for vehicular traffic, including drainage gutters and curbs a minimum of six inches (6") in horizontal width.

(k)    “Sign” shall mean any structure, device, or material which, either directly or indirectly, advertises, informs or identifies persons, businesses, commodities, or services and is intended for temporary display on the public sidewalk.

(l)    “Sign area” shall mean and is determined as follows: where the text or illustrated material is placed on a board or other structure having a surface distance from the surface on which it is mounted, the area on such board or structure shall be the sign area.

(m)    “Sidewalk” is that portion of a public right-of-way provided for the exclusive use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property lines.

(n)    “Vehicular traffic” means and includes bicycles.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.03 Sidewalk Sign Permit Required.

No person shall construct, erect, alter, locate, or relocate a sign on a sidewalk without first obtaining a sign permit, as provided in this chapter.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.04 Application for Sign Permit.

(a)    Application for a sign permit shall be made to the Director in writing on a form approved by said official and shall contain the following:

(1)    Name, address, and contact information of the sign applicant.

(2)    The proposed location of the sign on the sidewalk and major commercial thoroughfare.

(3)    A copy of the plans, specifications and scale drawings showing the design, size, structural details and other calculations, if any, of the sign.

(4)    A copy of the business tax certificate issued by the City in accordance with Chapter 1 of Title 3.

(5)    Such other technical or structural information as the Director may require.

(b)    The City Council may establish sign permit fees by resolution. An applicant shall pay a sign permit fee as established by the City Council.

(c)    Upon the filing of an application for a sign permit, the Director shall review the application and plans for the proposed sign, or the proposed alteration or relocation, for compliance with all requirements of this chapter.

(d)    If the Director determines that the proposed sign, alteration or relocation is in compliance with all of the requirements of this chapter and all other applicable ordinances of the City, he or she shall issue a sign permit pursuant to the placement standards in this chapter. The Director may deny in whole or in part any application which does not meet all the requirements of this chapter.

(e)    The Director may revoke a sign permit if he or she determines and finds the application was inaccurate, the permit holder failed to meet requirements of this chapter, or the permit holder failed to meet any conditions of approval for the sign permit.

(f)    In the event the Director denies an application in whole or in part, or revokes a previously issued permit, the applicant or permit holder may appeal the Director’s decision to the City Manager. The applicant or permit holder shall file an appeal with the City Manager’s Office within five (5) business days of issuance of the Director’s decision. In the event the applicant or permit holder fails to file a timely appeal, the Director’s decision shall be final. The City Manager shall issue a written decision on the appeal within one (1) business day. The City Manager’s decision shall be final.

(g)    A permit issued pursuant to this chapter is nontransferable.

(h)    Any business location may only be issued one (1) permit per year.

(i)    A permit issued pursuant to this chapter shall automatically expire at 5:00 p.m. on December 31 of each year.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.05 Indemnification.

Any person who is granted a sign permit pursuant to the provisions of this chapter shall, by the issuance of such permit, thereby indemnify and hold harmless the City, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit, the work performed pursuant to such permit or the existence of such projection.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.06 Placement of Sidewalk Signs.

(a)    No sign may be permanently affixed to the sidewalk. Signs shall not be chained, bolted, or otherwise attached to any bus shelter, bench, street light, utility pole, newsrack, fence, tree, shrub, or other plant. Signs on public sidewalks shall be placed so as not to damage the sidewalk.

(b)    Signs may not be placed in the roadway or in or on any median in the roadway.

(c)    Permitted signs shall only be placed on sidewalks. In no event shall signs be permitted or displayed on any other public property.

(d)    Signs must be placed on sidewalks so as to allow for a minimum for four feet (4') clear path of travel.

(e)    Signs shall not be placed on access ramps or within four feet (4') of the curb return of any wheelchair curb ramp.

(f)    Signs shall not be illuminated.

(g)    Signs shall not have balloons, pennants, flags, or streamers attached.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.07 Size of Sidewalk Signs.

(a)    Signs shall be no wider than four feet (4') and no higher than three feet (3') per display side.

(b)    Signs shall have no more than two (2) display sides.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.08 Hours of Display.

Signs may be displayed only from the hours of 8:00 a.m. through 6:00 p.m. daily. Signs shall be removed during non-display hours.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.09 Number of Sidewalk Signs.

(a)    Each permit holder may display one (1) sign on a public sidewalk immediately adjacent to the permit holder’s business location.

(b)    In addition, a permit holder may display one (1) additional sign at the intersection of the closest major commercial thoroughfare.

(c)    No more than four (4) signs may be displayed at any one (1) corner of any major commercial thoroughfare. Signs at a major commercial thoroughfare corner shall be authorized by a sign permit and issued on a first-come, first-served basis.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.10 Exceptions.

The following signs shall be exempt from the provisions of this chapter:

(a)    Signs installed or displayed by the City, another governmental agency, a public utility, or common carrier.

(b)    Signs required to be posted or maintained by law or governmental rule, order, or regulation.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)

5-34.11 Penalties and Enforcement.

Violations of this chapter shall be punishable as an infraction as provided in Chapter 2 of Title 1. Each and every day of violation shall be punishable as a separate offense. In addition, the City may remove and dispose of any sign in violation of this chapter.

(Sec. 2 (part), Ord. 12-001, eff. Feb. 16, 2012)