(A) Temporary sign defined. TEMPORARY SIGN shall mean any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently. Examples of temporary signs include, but are not limited to, signs, handbills, or posters relating to garage sales, political candidates or ballot measures, concerts, “swap meets,” and the like.
(B) Legislative findings. The Council finds as follows:
(1) Aside from this section, temporary signs are not regulated by this article and are therefore not subject to design review or approval as to their size, shape, color, design, or placement. The lack of regulation of temporary signs has in the past led to visual clutter within the community and aesthetic blight. At times, temporary signs pose traffic safety hazards.
(2) Property and facilities located within the public right-of-way, such as utility poles, benches, hydrants, bridges, sidewalks, and similar structures, are not by tradition or designation a forum for communication by the general public, and the Council wishes to preserve such structures for their intended purposes, which is the safe, efficient, and pleasant movement of vehicular and pedestrian traffic and the operation of utility systems.
(3) The regulations and prohibitions specified in this section are necessary to preserve items located within the public right-of-way for their intended purposes and to prevent the visual clutter, blight, and traffic safety hazards caused by temporary signs therein.
(C) Posting prohibited. No person shall paint, mark, write on, post or otherwise affix, erect, construct, maintain, paste, nail, tack, or otherwise fasten or affix any temporary sign on any sidewalk, crosswalk, curb, street lamp post, pole, bench, hydrant, tree, shrub, bridge, or electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public right-of-way which is not maintained for the purpose of communications by temporary signs by the general public.
(D) Exceptions. This section shall not prevent a public officer or employee from posting notices as required by law, such as notices of street abandonment or notices of proposed assessment district proceedings, as required by the Streets and Highways Code of the state or other statutory authority. This section shall also not prevent the Director of Public Works from issuing an encroachment permit for the erection of banners pertaining to noncommercial and nonpolitical community events, such as parades, fairs, and community celebrations. This section shall also not pertain to structures located within the right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertising is authorized, newspaper racks, and billboards as authorized by this Code.
(E) Sign distance. No temporary sign over three feet in height located on private property shall be erected or placed at the intersection of any street or within the segment created by drawing an imaginary line between points 50 feet back from where the curb lines of the intersection quadrant intersect.
(F) Removal.
(1) Temporary signs not prohibited by this section shall be removed within 14 calendar days after the event to which they relate occurs.
(2) Any temporary sign posted or otherwise affixed in violation of this section may be removed by officers of the Police, Building Inspection, or Public Works Departments or by the Code Enforcement Officer. Signs removed by city employees shall be taken to the Maintenance Service Center. The employee removing the sign shall immediately attempt to notify the owner of the sign, if such can be ascertained. In cases where a sign contains the name of a printing firm or political candidate, the Department shall also immediately attempt to notify such firm or candidate of the fact of removal, the location of the sign, and the procedure for retrieving the sign.
(G) Retrieval of signs. Any person desiring to retrieve a sign removed by the city may do so upon the payment of an administrative fine as specified by resolution. In lieu of paying such administrative fine, such person may retrieve a sign upon signing a promise to appear upon a citation issued to him or her for the violation of this section. If a person wishes to contest the fact that a sign was placed in violation of this section prior to paying the fine or signing the citation, he or she shall have the right to an administrative hearing before the Director of Public Works. If the Director of Public Works finds that the sign was lawfully posted, he shall return the sign without an administrative penalty or the issuance of a citation.
(H) Destruction of signs. Any temporary sign removed by the city may be considered abandoned if it is not retrieved within 15 calendar days after the date of such removal and may be disposed of by the city without liability therefor to any person.
(Ord. 918-C-S, passed 5-28-96)