Chapter 7-7
ADVERTISING DISPLAYS ADJACENT TO LANDSCAPED FREEWAYS
Sections:
Article 1. Definitions – Regulations
7-7-105 Advertising displays adjacent to landscaped freeways.
7-7-110 Exempt advertising displays.
7-7-115 Removal of prohibited displays.
Article 1. Definitions – Regulations
7-7-100 Definitions.
As used in this Chapter, certain terms are defined as follows:
(A) “Advertising structure” refers to a structure of any kind or character erected or maintained for outdoor advertising purposes upon which any poster, bill, printing, painting, or other advertising of any kind whatsoever may be placed, including statuary.
(B) “Sign” refers to any card, cloth, metal, painted or wooden sign of any character, placed outdoors for advertising purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or privately owned, other than an advertising structure.
(C) Neither “advertising structure” nor “sign,” as used in this Chapter includes:
(1) Official notices issued by court or public body or officer;
(2) Notices posted by any public officer in performance of any public duty, or by any person in giving legal notice;
(3) Directional, warning, or information signs or structures required or authorized by law or by Federal, State, or municipal authority;
(4) A structure erected in or near the City which contains the name of the City and the names of, or any other information regarding, civic, fraternal or religious organizations located therein.
(D) “Advertising display” refers to advertising structures and to signs.
(E) “Freeway” shall deem to mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right to easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.
(F) “To place,” and any of its variants as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stitching, carving, or otherwise fastening, affixing, or making visible, any advertising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure, or thing.
(G) “Landscaped freeway” shall be deemed to mean a section or sections of a freeway which is now, or hereafter may be, improved by planting of at least on one (1) side of the freeway right-of-way of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance.
Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway.
7-7-105 Advertising displays adjacent to landscaped freeways.
No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined herein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of freeway.
7-7-110 Exempt advertising displays.
The provisions of SJBMC 7-7-105 shall not apply to any of the following listed advertising structures or signs used exclusively:
(A) To advertise the sale or lease of property on which said advertising display is placed;
(B) To designate the name of the owner or occupant of the premises upon which said advertising display is placed or to identify such premises;
(C) To advertise the business conducted or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed.
7-7-115 Removal of prohibited displays.
Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of SJBMC 7-7-105 shall be removed within three (3) years from the effective date of this ordinance or within three (3) years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed or accepted, and the character of said section or sections shall have been changed from a freeway to a landscaped freeway, which ever is later.
Legislative History: Ord. 115 (3/21/61).