A. Intent as to Public Forum. As it relates to the placing of signage on public property, the City declares its intent that all public property in the City shall not function as a designated public forum, unless some specific portion of public property is designated herein as a public forum of one particular type. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any.
B. Private Party Signs Generally Banned. Except as expressly allowed by a provision of this Chapter, or another provision of law, private parties may not display or post signs on public property or in the public right-of-way.
C. Signs That Are Exempt from the General Ban. The following signs are exempted from the general ban:
1. Traffic control and traffic directional signs erected by a governmental unit
2. Official notices required by law
3. Signs placed by the City
4. Signs that have received an encroachment permit and are located in the Main Street Overlay Zone
D. Authorized Signs on Public Properties and Structures. Private advertising signs may be placed on structures in the public right-of-way, such as bus shelters, if there is a licensing agreement approved by the Mayor and City Council authorizing such General Advertising Signs on public property. An application for a Sign Permit must be approved prior to the construction of General Advertising Signs on public property, and the applicant and the owner of the sign shall comply with the provisions of Section 19.22.030(F) and Section 19.22.030(H).
E. Temporary Political, Religious, Labor Protest and Other Noncommercial Signs in Traditional Public Forum Areas. In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial message signs thereon, provided that their sign displayed on public property conforms to all of the following:
1. Personally Attended. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended" means that a person is physically present within 15 feet of the sign at all times.
2. Size.
a. The maximum aggregate size of all signs held by a single person is 12 square feet.
b. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.
3. Balloons. The displayed signs may not be inflatable or air activated.
4. Pedestrian and Vehicle Clearance. In order to serve the City's interests in traffic flow and safety, persons displaying signs under this Section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance for pedestrians to pass by.
F. Enforcement. Any sign posted on public property or the public right-of-way in violation of the provisions of this Chapter is declared to be a trespass and a public nuisance, may be summarily removed by the City of San Bernardino without notice, and the persons or parties responsible for such unauthorized posting may be charged with the City of San Bernardino's actual costs of removal. In addition, any violation of this Chapter may be enforced or punished in any manner prescribed by law, including the applicable provisions of Chapter 19.46.
G. Encroachment. Any sign proposed to project into the public right-of-way, or into public property, shall require an encroachment permit.
H. Street Banner Permit. Refer to Chapter 16.16.
(Ord. MC-1531, 06-03-20)