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Signal Hill Municipal Code
SIGNAL HILL, CALIFORNIA MUNICIPAL CODE
PREFACE
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.04 ADMINISTRATIVE OFFICER*
Chapter 2.08 COUNCIL MEETINGS
Chapter 2.12 DEPARTMENT OF FINANCE
Chapter 2.16 CITY ENGINEER
Chapter 2.20 DIRECTOR OF BUILDING AND SAFETY
Chapter 2.24 DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT
Chapter 2.28 DIRECTOR OF PUBLIC WORKS*
Chapter 2.32 PARKS AND RECREATION COMMISSION
Chapter 2.36 PLANNING COMMISSION*
Chapter 2.40 POLICE SURGEON
Chapter 2.44 REDEVELOPMENT AGENCY*
Chapter 2.48 WATER AND POWER DEPARTMENT*
Chapter 2.52 OFFICERS' BONDS*
Chapter 2.56 PUBLIC HEARINGS
Chapter 2.60 FIRE PROTECTION
Chapter 2.64 UNCLAIMED PROPERTY IN CUSTODY OF POLICE DEPARTMENT
Chapter 2.68 PEACE OFFICER TRAINING AND STANDARDS
Chapter 2.72 POLICE RESERVE UNIT
Chapter 2.76 EMERGENCY ORGANIZATION AND FUNCTIONS
Chapter 2.80 PERSONNEL SYSTEM RULES AND REGULATIONS
Chapter 2.82 PERSONNEL RULES FOR CLASSIFIED AND NONCLASSIFIED EMPLOYEES
Chapter 2.84 MANAGEMENT EMPLOYEES
Chapter 2.88 PUBLIC LIBRARY
Chapter 2.90 ELECTIONS AND CAMPAIGN CONTRIBUTIONS
Title 3 REVENUE AND FINANCE
Title 4 (Reserved)
Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (Reserved)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC UTILITIES
Title 14 (Reserved)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 OIL AND GAS CODE*
Title 17 TRAILER PARKS
Title 18 SUBDIVISIONS*
Title 19 (Reserved)
Title 20 ZONING
Title 21 PUBLIC DEDICATION REQUIREMENTS AND IMPROVEMENT FEES TO BE PAID BY DEVELOPMENT PROJECTS
STATUTORY REFERENCES FOR CALIFORNIA CITIES
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 2.90
ELECTIONS AND CAMPAIGN CONTRIBUTIONS
Sections:
   2.90.010   Purpose and intent.
   2.90.020   Definitions.
   2.90.030   Campaign contribution checking     account.
   2.90.040   Liquidation of accounts.
   2.90.050   Accountability.
   2.90.060   Campaign contributions limitation.
   2.90.070   Assumed name contributions.
   2.90.080   Expenditures uncontrolled by a candidate or a controlled committee.
   2.90.085   Independent expenditure reports.
   2.90.086   Independent expenditures by outside parties.
   2.90.087   "Ad paid for by" disclosure.
   2.90.088   Disclosure of top contributors.
   2.90.089   Disclosures in radio or telephone advertisements.
   2.90.090   Disclosure in video advertisements.
   2.90.091   Disclosure in print advertisements designed for individual distribution.
   2.90.092   Disclosure in electronic media advertisements.
   2.90.093   Radio or television advertisement - non-independent expenditure.
   2.90.094   Advertisements paid for by independent expenditure.
   2.90.095   Advertisements on online platforms.
   2.90.096   Advertisements in text messages.
   2.90.097   Prohibition against avoidance of disclosure of top contributors.
   2.90.098   Disclosure statement in advertisements paid for by independent expenditures.
   2.90.099   Updating disclosure of top contributors in advertisements.
   2.90.100   Mass mailing.
   2.90.101   Enforcement–Violation–Penalties.
   2.90.102   Application of limitation upon amendment of chapter or adjustment of limitation.
   2.90.110   Burden of proof.
   2.90.120   Rules of construction.
   2.90.130   Severability.
2.90.010   Purpose and intent.
   Inherent to the cost of election campaigning is the problem of improper influence, real or potential, exercised by campaign contributors over elected officials. It is the purpose and intent of the city council in enacting the ordinance codified in this chapter to preserve an orderly political forum in which individuals and groups may express themselves effectively; to place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in municipal elections for city offices; to limit the use of loans and credit in the financing of municipal election campaigns; and to provide full and fair enforcement of all the provisions of this chapter.
(Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 2: Ord. 85-10-962 § 1 (part))
2.90.020   Definitions.
   For the purpose of this chapter, the following definitions shall apply:
   A.   “Campaign contribution limitation” means contributions over a given election cycle from the contributing person in support of or in opposition to any candidate, including contributions to all the candidate’s controlled committees, of $440 for the 2006 election cycle, provided, that such dollar limit shall increase by 12% on January 1, 2010, and by the same percentage on January 1st of every fourth year thereafter. This amount shall be rounded up or down to the nearest amount divisible evenly by $25.
   B.   “City office” means an elected office of the city, including the city council, the city clerk and city treasurer, or any other office which shall become elective in the future.
   C.   “Election cycle” means:
   1.   For an incumbent candidate seeking re-election, a period beginning from the date the office holder assumes his or her city office for his or her present term, and ending on the date the newly elected person assumes the city office following the election in which the candidate seeks re-election;
   2.   For an incumbent city office holder raising funds for election to any other city office, a period of two years prior to the date of the election for the city office sought;
   3.   For non-incumbent candidates in any regular election for city office, a period commencing from the date of the last regular election and ending on the date of the election for the city office sought;
   4.   For non-incumbent candidates in any special elections for city office, a period beginning from the date the special election is set for the ballot and ending on the date of the special election for the city office sought.
   D.   “Express advocacy” means communications that advocate support or opposition of a clearly identified candidate or ballot measure. A communication expressly advocates support or opposition when it uses words such as “vote for,” “elect,” “support,” “cast your ballot,” “vote against,” “defeat,” “reject,” “sign petitions for,” or the communication, taken as a whole, unambiguously urges a particular result in an election.
   E.   “Independent expenditure” means:
   1.    an expenditure having a value of one-hundred dollars ($100) or greater, made by any person in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee.
   2.   An independent expenditure is made on the date the payment is made, services are rendered, or consideration, if any, is received, whichever is earlier.
   3.   An expenditure made at the behest of the affected candidate or committee is not an independent expenditure.
   F.   For purposes of this chapter, street address means the street name and building number, and the city, state, and ZIP Code, or the Army and Air Force Post Office (A.P.O.) or Fleet Post Office (F.P.O.) address assigned by the United States government to an individual or a dependent who resides with the individual when the individual is on government duty outside the United States and does not have a conventional street address.
   G.   For purposes of this chapter, spouse shall include Domestic Partner as defined by Section 297 of the Family Code of California.
   H.   "Advertisement" means:
   1.   Any general or public communication that is authorized and paid for by a committee for the purpose of supporting or opposing a candidate or candidates for elective office or a ballot measure or ballot measures.
   2.   The definition of "advertisement" does not include any of the following:
   i.   A communication from an organization, other than a political party, to its members.
   ii.   An electronic media communication addressed to recipients, such as email messages or text messages, from an organization to persons who have opted in or asked to receive messages from the organization. This subsection (H)(2)(ii) does not apply to a customer who has opted in to receive communications from a provider of goods or services, unless the customer has provided express approval to receive political messages from that provider of goods or services.
   iii.   Any communication solicited by the recipient, including, but not limited to, acknowledgements for contributions or information that the recipient communicated to the organization, or responses to an electronic message sent by the recipient to the same mobile number or email address.
   iv.   A campaign button smaller than 10 inches in diameter; a bumper sticker smaller than 60 square inches; or a small tangible promotional item, such as a pen, pin, or key chain, upon which the disclosure required cannot be conveniently printed or displayed.
   v.   Wearing apparel.
   vi.   Sky writing.
   vii.   Any other type of communication, as determined by the regulations of the Fair Political Practices Commission, for which inclusion of the disclosures required by Sections 2.90.087 to 2.90.099, inclusive, is impracticable or would severely interfere with the committee's ability to convey the intended message due to the nature of the technology used to make the communication.
   I.   "Cumulative contributions" means the cumulative amount of contributions received by a committee beginning 12 months before the date of the expenditure and ending seven days before the time the advertisement is sent to the printer or broadcaster.
   J.   'Top contributors" means the persons from whom the committee paying for an advertisement has received its three highest cumulative contributions of fifty thousand dollars ($50,000) or more. A tie between two or more contributors qualifying as top contributors shall be resolved by determining the contributor who made the most recent contribution to the committee, in which case the most recent contributor shall be listed before any other contributor of the same amount.
   K.   "Mass mailing" means over 200 substantially similar pieces of mail, but does not include a form letter or other mail which is sent in response to an unsolicited request, letter or other inquiry.
   L.   "Online platform" means a public-facing internet website, web application, or digital application, including a social network, ad network, or search engine, which sells advertisements directly to advertisers. A public-facing internet website, web application, or digital application is not an online platform for purposes of this article to the extent that it displays advertisements that are sold directly to advertisers through another online platform.
   M.   "Online platform disclosed advertisement" means either of the following:
   1.   A paid electronic media advertisement on an online platform made via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media, for which the committee pays the online platform, unless all
advertisements on the platform are video advertisements that can comply with Section 2.90.090. Individual posts, comments, or other similar communications are not considered online platform disclosed advertisements if they are posted without payment to the online platform.
   2.   A paid electronic media advertisement on an online platform that is not any of the following:
   i.   A graphic, image, animated graphic, or animated image that the online platform hosting the advertisement allows to hyperlink to an internet website containing required disclosures, as described in subsection (B) of Section 2.90.092.
   ii.   Video, audio, or email.
   iii.   Electronic media advertisements that are not online platform disclosed advertisements as defined in subsection (M)(2)(ii) shall follow disclosure requirements for electronic media advertisements under Section 2.90.092.
(Ord. 2020-06-1513 §2: Ord. 2014-04-1469 §1 (part): Ord. 2010-04-1412 §§1, 2: Ord. 2006-08-1362 §1)
2.90.030   Campaign contribution checking account.
   Each candidate and each controlled committee shall establish a campaign contribution checking account within five business days following receipt of a contribution, but no later than five business days after the candidate files his or her nomination papers, whichever shall first occur. Each committee shall establish a campaign contribution checking account within five business days following receipt of a contribution. The name of the bank and the number of the account shall be filed with the city clerk within five business days after the opening of the account. All contributions of money or checks, or anything of value converted by the candidate or committee to money or a check, made to a candidate, to a person on behalf of a candidate, or to a committee shall be placed in the candidate’s or committee’s checking account within five business days after receipt thereof. A candidate and his or her controlled committee shall establish and maintain one joint checking account. A candidate’s personal campaign funds, and including contributions from the candidate’s spouse, shall also be placed in his or her campaign contribution checking account before being disbursed for use in his or her campaign.
(Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 4: Ord. 85-10-962 § 1 (part))
2.90.040   Liquidation of accounts.
   In the event that payment has been made for all goods and services furnished in connection with the campaign of a candidate or controlled committee, a campaign contribution checking account may be liquidated by paying the remaining balance in the account to the candidate or controlled committee for use in any lawful manner. In the event that payment has been made for all goods and services furnished in connection with the activities of a committee other than a controlled committee, a campaign contribution checking account may be liquidated by paying the remaining balance to the city treasurer for deposit into the city’s general fund.
(Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 5: Ord. 85-10-962 § 1 (part))
2.90.050   Accountability.
   A.   Contribution Checks-Auditing. Each candidate or committee establishing a campaign contribution checking account shall designate an individual as treasurer, who shall maintain a record which shall include copies of checks of every contribution received, and be in sufficient detail to permit an auditing of the account.
   B.   Filing Campaign Statements. The treasurer of a candidate or committee formed, or existing, primarily to support or oppose a candidate or candidates for city office, or active only within the city and involved in any election for city office, shall prepare a campaign statement on a form prescribed by the city clerk and file same with the city clerk at the following times:
   1.   On the dates required for filing of campaign statements under Article 2 of Chapter 4 of the California Political Reform Act (Government Code §84200-84225).
   2.   On the fourteenth day after any municipal election at which the candidate is seeking office covering the period ending 16 days prior to the election through the second Thursday following the election.
   C.   Report Contents. The campaign statements required to be filed with the city clerk shall disclose the total amount of contributions received and expenditures made, the name of each person who contributed one hundred dollars or more, the name of each person to whom an expenditure was made, and all other information required under Government Code § 84211.
   D.   Public Records. The campaign statements described in this section, and all information filed with the city clerk in connection with campaign statements shall be deemed to be public records and shall be subject to public disclosure upon request.
(Ord. 2014-04-1469 §1 (part): Ord. 2010-04-1412 §3: Ord. 2006-08-1362 § 2)
2.90.060   Campaign contributions limitation.
   A.   No person, other than a candidate or the candidate’s spouse, shall make, no candidate or committee shall solicit or accept, and no person working for a candidate or a committee shall solicit or accept, any contribution in excess of the campaign contribution limitation. This section shall not limit contributions to the campaign made personally by the candidate, or the candidate’s spouse, from his or her own funds; provided such contributions are placed into the campaign contribution checking account pursuant to Section 2.90.030, and further provided, that the candidate, or spouse, is not acting as an agent or intermediary for any other person.
   B.   Extensions of credit to a candidate or committee for purposes of aiding the political activity of a candidate or committee in amounts of more than the campaign contribution limitation and for periods of longer than sixty days are prohibited; provided, that a candidate may personally borrow funds where such funds will be the candidate’s personal contribution to his or her campaign if the loan is a bona fide loan made on such terms and conditions comparable to those available from commercial lending institutions for loans not made for political purposes, including payment of a reasonable rate of interest and a reasonable, specific repayment schedule. The loan shall be made in the form of a loan agreement, promissory note or other appropriate written document, which document shall be maintained and made available pursuant to Section 2.90.050.
   C.   The terms of this chapter are applicable to any contribution, whether it is used in a current campaign, or to pay deficits incurred in prior campaigns, or otherwise.
(Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 7: Ord. 89-05-1032 §1; Ord. 85-10-962 § 1 (part))
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