(a) No person shall paint, mark or write on, or post or otherwise affix, any hand-bill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenant thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, life buoy, life preserver, life boat, or other life saving equipment, street sign or traffic sign.
The prohibition of the ordinance applies to telephone poles owned by public utilities as well as poles owned by some political entity, and is a valid exercise of the police power.
People v. Kaplan, CR A 1623.
(b) Nothing in this section contained shall apply to the installation of terrazo sidewalks or sidewalks of similar construction, sidewalks permanently colored by an admixture in the material of which the same are constructed, and for which the Board of Public Works has granted a written permit.
(c) Removal of Signs – Costs and Penalties. (Amended by Ord. No. 180,998, Eff. 1/4/10.)
(1) Any hand-bill or sign found posted or otherwise affixed upon any public or utility property contrary to the provisions of this section may be removed by any company, utility, organization, or individual owning or responsible for maintaining that property, the Police Department or the Department of Public Works. The person responsible for any such illegal posting shall be liable for an administrative penalty and for the cost incurred in the removal thereof, and the Department of Public Works is authorized to effect the collection of said administrative penalty and costs incurred by the City of Los Angeles. The first violation of Subsection (a) in a calendar year is subject to an administrative monetary penalty not to exceed $100.00. Subsequent violations in the same calendar year will result in a second penalty not to exceed $250.00. The penalty for the third administrative violation in a calendar year is $500.00. More than three administrative fines in one calendar year shall result in the violation being charged as a misdemeanor in Superior Court and subject to all penalties applicable to criminal violations. The Bureau of Street Services is authorized assess a processing fee established by the Board of Public Works, subject to the approval of the City Council for all citations with an administrative monetary penalty.
(2) For purposes of this subsection, there shall be a presumption that:
(i) the real estate agent, broker, brokerage firm or other person whose name or telephone number appears on the hand-bill or sign is the person responsible for posting a hand-bill or sign advertising property for sale, lease or rent;
(ii) the candidate seeking office is the person responsible for posting a hand-bill or sign promoting the candidate for public office;
(iii) the owner, or lessee if the property is leased, of property used for a yard or garage sale is the person responsible for posting a hand-bill or sign advertising a yard or garage sale;
(iv) the owner, or lessee if the property is leased, of property used for a commercial activity or event is the person responsible for posting a hand-bill or sign advertising the subject commercial activity or event;
(v) the person whose name, telephone number or address appears as the sponsor for a sporting event, concert, theatrical performance, or similar activity or event is the person responsible for posting a hand-bill or sign advertising the subject activity or event; and;
(vi) the person whose name, telephone number or address appears as the person to contact on any hand-bill or sign posted is the person responsible for having posted the same.
For purposes of this subsection, the person presumed to be responsible for posting a hand-bill or sign on public or utility property may rebut such presumption by declaring under penalty of perjury or swearing under oath that the person did not cause, authorize, allow or permit the posting of the hand-bill or sign on public or utility property.
(3) With the concurrence of the City Administrative Officer, the Board of Public Works shall determine the verifiable costs to the City of Los Angeles incurred in removing hand-bills and signs pursuant to this section. Such costs shall include, but not be limited to, direct labor, material and equipment costs, as well as departmental and general City overhead costs attributable to the removal of signs. Prior to the beginning of each fiscal year, the Board shall adopt a schedule of charges which persons responsible for the illegal posting of hand-bills and signs are required to pay pursuant to this subsection, based on those costs. The schedule of charges shall be subject to approval by the City Council.
(4) All administrative penalties collected pursuant to this section shall be used for enforcement activities by the Bureau of Street Services, Investigation and Enforcement Division.
(5) Persons billed for the costs and penalties of removing hand-bills or signs may appeal such costs and charges to the Board of Public Works in accordance with rules adopted by the Board.
(d) Nothing in this section shall apply to the installation of a metal plaque or plate or individual letters or figures in a sidewalk commemorating an historical, cultural, or artistic event, location or personality for which the Board of Public Works, with the approval of the City Council, has granted a written permit. (Amended by Ord. No. 109,896, Eff. 9/28/57.)
(e) Nothing in this section shall apply to the painting of house numbers upon curbs done under permits issued by the Board of Public Works under and in accordance with the provisions of Section 62.96 of this Code. (Added by Ord. No. 122,905, Eff. 10/26/62.)
(f) Nothing in this section shall prohibit the installation of signs on street lighting posts provided the sign is a part of a program sponsored by a City Department having specific responsibility for public safety and such signs and locations are approved by the Department of Public Works and are installed and maintained as authorized in Section 80.07 of this Code. Any fees previously paid for such installation shall be refunded upon application to the Department of Transportation for such refund by the person or persons who made the payment to the City. Such person or persons shall declare under penalty of perjury that any money received by he, she, or them, shall, in turn, be paid to those persons who provided funds to the applicant to make such payment to the City and further that if the applicant is not able, for any reason, to make such reimbursement to any such person, the applicant, shall return, within 60 days said respective sum to the City. (Amended by Ord. No. 158,469, Eff. 12/23/83.)
(g) (Added by Ord. No. 173,343, Eff. 7/15/00.) Nothing in this section shall prohibit the installation of signs on street lighting posts relating to the operation of the street lighting system.