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1 ORDINANCE N0, ~;~`j ~_~,~
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3 NANCE NO.N2229IEIVTITLED IN~PART °tAN ORDINANRCE~REG ~NGIOUTDOOR
ADVERTISING ST~tUCTURES . , . ,"
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THE MAYOR AND COT440N COUNCIL OF THE CITY OF SAN BERNARDINC
5 DO ORDAIN AS FOLI,dWS :
6 SECTION ONE: The title of Ordinance No. 2229 is hereby
7 amended to read as follows:
$ AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGUTATING OUT-
9 DOOR ADVERTISING STRUCTURES AND DZSPIAYS LOCATED ADJACENT TO FREE-
1o WAYS ,
il SECTION TWO: The Mayor and Co~on Council find and
i2 mine that:
13 (a) There is a compelling economic necessity to protect
i4 and preserve scenic resources in the interest of the general wel-
i5 fare of the people of this City through the limitation of the
16 amount and types of outdoor advertising;
17 (b) It is the intent and purpose of this Ordinance to pre-
is vent unreasonable distraction of motor vehicle operators; to pre-
19 vent confusion with regard to traffic lights, signs or signals or
~ other interference with the effectiveness of traffic regulations;
zl to promote maximum safety, comfort and well-being of the users of
22 State freeways, and to protect the public investment in State free
23 wsy S ,
~ SECTION THREE: Ordinance No, 2229 Section One is hereby
25 amended to read as follows:
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SECTION ONE: DEFINITIONS:
1. "Advertising structure" means any structure of any kin
character erected or maintained for outdoor advertising purposes,
upon which any poster, bill, printing, painting or other advertise
ment of any kind wliatsoever may be placed, including statuary, for
advertising purposes.
"Advertising structure` does not include:
1 a. Official notices issued by any court or public body or
Z officer.
3 b. Notices posted by any public officer in performance of a
4 public duty or by any person in giving legal noticea
5 c. Directional or warning structures required by, or author-
6 ized by Federal or State authority, or by the Mayor and
~ Co~on Council.
g 2. "Sign" means any card, cloth, paper, metal, painted or
9 wooden sign of any character placed for outdoor advertising pur-
lo poses, on or to the ground or any tree, wall, bush, rock, fence,
11 building, structure or thing, either privately or publicly owned,
12 other than an a3vertising structure.
13 "Sign" does not include:
14 ae Official notices issued by any court or public body
15 or officer.
16 b. Notices posted by any public officer in performance of a
17 public duty or by any person in giving any legal notice;
lg c. Directional or warning signs or structures required by,
i9 or authorized by Federal or State authority, or by the Mayor
20 and Common Council.
21 3. "Advertising display" means advertising structures
22 and signs.
23 4. "Freeway" means a highway in respect to which the owners
z4 of abutting lands have no right or easement of access to or from
25 their abutting lands or in respect to which such owners have only
26 limited or restricted right or easement of access, and which is
27 declared to be such in compliance with the Streets and Highways
2g Code of the State of California,
29II SECTION FOUR: Ordinance No. 2229, Section 'ltao is hereby
30 II amended to read as follows :
31 SECTION 1W0: It is unlawful to place or maintain any advertis-
32lling structure, sign or display on property adjacent to, or located
on property within 500 feet of the right of way line of a freeway
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1 if the advertising display is 3esigned to be viewe3 primarily by
Z persons traveling on the fr eeway.
3 It shall be unlawful to place or maintain any advertising
4 structure, sign or display illuminated by a flashing light or
5 lights or by red, green or amber lights or which is gomposed of or
6 ill~inated by intermittent lighting or similar illimminating de-
7 vices on property adjacent to or within 500 feet of the right of
8 way line of a freeway.
9 SECTION FIVE: Ordinance No. 2229 Section Three is hereby
1011 amended to read as follows:
11 SECTION TNREE: Any existing advertising structure, sign or
i2 display which is in violation of the provisions of Section Two of
13 Ordinance No. 2229, as amended, shall be removed within three
14 years from the effective date of the amendment of Section Ttvo of
is said Ordinance or within five years from the date of the comple-
i6 tion of the construction and erection of said advertising structure
17 sign or display, whichever provides for the later removal.
is SECTION SIX: Ordinance No. 2229 is hereby amended by adding
19 thereto Section Eight to read as follows:
~ SECTION EIGHT: Notwithstanding any provision of any other
21 ordinance to the contrary relating to the regulation of signs,
22 billboards, advertising structures or other outdoor displays, the
23 provisions of this ordinance shall be controlling.
24 SECTION SEVEN: If any section, sub-section, sentence,
25 clause or phrase of this Ordinance is for any reason held to be
26 invalid or unconstitutional by the decision of any Court of com~
27 petent jurisdiction, such decision shall not affect the validity
28 of the remaining portions of the Ordinance. The Commnon Council
29 hereby declares that it would have passed this Ordinance and each
30 section, sub-section, sentence, clause and phrase hereof, irres-
31 pective of the fact that any one or more of the sections, sub-
32 sections, sentences, clauses or phrases hereof be declared invalid
,
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or unconstitutional.
I HEREBY CERTIFY that the foregoing Ordinance was duly
adopted by the Mayor and Co~on Council of the City of San Bernar-
dino at a i~~ ~~/~i meeting thereof, held on the
%~ZX, day o/` - , 1963, by the following
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vote, to wit•
AYES:
9 II NOES:
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City ler c
The foregoing Ordinance is hereby approved this ~ 1~
day of ~~~~a a.~n~t~ , 1963.
21 Approved as to form:
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24 II ~y Atrj6rney "
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