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HomeMy WebLinkAbout2623 1 ORDINANCE NO.,-~~_~ AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO REGUIATING OUTDOOR ADVERTISING, SIGNS AND BILLBOARDS IN SAID CITY; PRESCRIBING PENALTIES FOR VIOIATION THEREOF; AND . REPEALING ORDINANCE NOS. 348 AND 19!10 2 3 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 8 SECTION ONE: Title and Scope. A. This ordinance shall be known as the "Sign '0 rdinance" B. The purpose of this ordinance is to provide minimum 6 7 9 standards to safeguard life, health, property and public welfare 10 by regulating and controlling the design, quality of materials, 11 I construction, location, electrification, and maintenance of all 12 I signs and sign structures. I 13 C. The regulations of this ordinance a not intended to 14 permit any violation of the provisions of any other lawful 15 ordinance and shall not supersede Ordinance No. 2229 which 16 regulates advertising adjacent to freeways. 17 SECTION TWO: Definitions - The following terms, words and 18 their derivatives, as used in this ordinance are hereby defined 19 as fo llows: ~ Alley - A public thoroughfare less than twenty (20) feet in 21 width. 22 Approval or approved - refers to the approval of method or 23 materials by the Building Official. ~ Approved plastics - Approved plastic material shall be those 25 specified in the Uniform Building Code, Standard No. 52-1-64 which 26 have a flamespread rating of 225 or less and a smoke density not 27 greater than that obtained from the burning of untreated wood 28 under similar conditions when tested in accordance with the 29 Uniform Building Code Standard No. 42-1-64 in the way intended for 30 use. The products of combustion shall be no more toxic than the 31 burning of untreated wood under similar conditions. 32 Building Official - The Superintendent of the Department of 1 Building and Safety or iffipectors in said Department. 2 Canopy - A permanent roofed structure attached to and 3 supported by a building and not projecting over public property. 4 Curb Line - The line at the face of the curb nearest to the 5 street or roadway. In the absence of a curb, the curb line shall \ 6 be established by the City Engineer. 7 Electric Sign - A sign served or energized with electrical 8 current, in which the electrical wiring and components are 9 contained within the body of the sign. This definition shall also 10 include electrical discharge tubing for advertising purposes. 11 Face of Building - Shall mean the general outermost surface 12 of any main exterior wall of a building., The term shall not 13 include a cornice, bay window, balcony, porch or other feature 14 which extends beyond the general outermost surface of such 15 exterior wall or beyond a property line. 16 Grade - The elevation of the nearest public sidewalk adjoin- 17 ing the property upon which a sign is erected or the natural 18 surface of the ground supporting a sign. 19 Incombustible Material - Any material which will not ignite ro at, or below, a temperature of l2000F during an exposure of five 21 minutes, and which will not continue to burn or glow at that 22 temperature. Tests shall be made as specified in the Uniform 23 Building Code Standard No. 4-1-64. \ ~ Marquee - A permanent roofed structure attached to and 25 supported by a building and projecting over public property. 26 Parapet Wall - That part of any wall entirely above the roof 27 or eave line. 28 Person - Means and include both singular and plural and shall 29 also mean and include person, individual, firm, corporation, co- 30 partnership, association, club, society or any other organization 31 or any combination thereof. 32 Plastic Materials - Materials made wholly or principally -2- 1 from standardized plastics listed and described in the Uniform 2 Building Code Standard No. 52-1-64. 3 Projection - The distance by which a sign extends beyond the 4 main exterior wall of any building. 5 Roof Sign -.-My sign erected upon or above the roof of any 6 building. 7 Set-back line - That line established by ordinance beyond 8 which no building, wall, fence, or other structure may be erected 9 or constructed. 10 Sign - Any structure and all parts thereof which is erected 11 or used exclusively for advertising purposes upon which any poster, 12 bill, bulletin, printing, painting, device or other advertising 13 of any kind whatsoever is placed, posted, tacked, nailed, pasted 14 or otherwise fastened or affixed. The definition shall also 15 include barber poles, electric discharge tube outlining for 16 advertising and electric signs. The definition shall not be held 17 to include any board, sign or surface used exclusively to display 18 official notices issued by any court or public office: or posted 19 by any public officer in performance of public duty, or a private W person in giving a legal notice;nor shall it be held to include an 21 identification sign set upon private property in front of an 22 apartment house in an apartment zone and which advertises such 23 property proyided the advertising surface of such sign does not 24 exceed six (6) square feet; nor shall it be held to include any 25 real estate sign advertising the property upon which it stands 26 provided the advertising surface of such real estate sign does n not exceed twenty (20) square feet, nor shall it be held to include ../ 28 any sign painted on the permanent parts of any building when such 29 sign advertises only the business conducted or carried onwitliin w such building, nor shall it include temporary signs as defined 31 herein. 32 Standard - The main upright members of a sign that supports -3- 1 it above or on a building or earth. 2 Street - A public thoroughfare twenty (20) feet or more in 3 width. 4 Temporary Sign - A sign, constructed of a wood frame with 5 cloth, paper or similar advertising surface that does not exceed 6 one hundred fifty square feet (150). This definition shall also 7 include gas inflated balloons for advertising purposes. 8 Uniform Building Code or U. Bo C. - The current Edition of 9 the Uniform Building Code, Volume I, published by the International 10 Conference of Building Officials and adopted by the City. 11 U.B.C. Standards - The current edition of the Uniform Build- 12 ing Code Standards, Volume III, published by the International 13 Conference of Building Officials and adopted by the City. 14 Wall Sign - Any sign attached to any exterior wall of a 15 building. 16 SECTION THREE: Signs Prohibited 17 (a) No person shall erect or construct or cause or permit 18 to be erected or constructed any sign upon or over any public 19 sidewalk, street, alley or other public place except as may be W permitted herein or required by ordinance or law. 21 (b) No person shall erect or construct or cause or permit 22 to be erected or constructed any sign in any occupancy or use 23 district within the corporate limits of the City that conflicts 24 with the Land Use Zoning Ordinance No. 1991. 25 (c) No person shall erect or construct or cause or permit 26 to be erected or constructed any sign that projects over public 27 property except as expressly permitted herein for electric signs. 28 (d) No person shall erect or maintain any sign which ex- 29 ceeds the permitted projection limits beyond the property line, and ~ over public property, or which is lower than the permitted heights 31 from the surface of the sidewalk or established grade level, as 32 set forth in Section Eleven of this ordinance. -4- 1 (e) No person shall hang or suspend any street banner, flag, 2 pennant or street decoration over and above any street or other 3 public thoroughfare or cause the same to be done unless permission 4 to do so has first been obtained from the Mayor and Common Council 5 The above provisions shall not apply to any sign or advertis- 6 ing matter lettered upon the surface of any awning, provided the 7 awning is securely attached to a building and the cloth valance 8 is not less than seven (7) feet above the sidewalk level immediate- 9 ly below. 10 (f) No person shall erect, construct or maintain, or cause 11 or permit to be erected, constructed or maintained any sign which 12 simulates or imitates in size, color, lettering or design of, or 13 obstructs or detracts from the vision of, any traffic sign, or 14 traffic signal, in a manner as to interfere with, mislead or 15 confuse traffic. 16 (g) On property at any corner formed by intersecting streets 17 it shall be unlawful for the bottom of any sign or advertising 18 display to be below a height of ten feet (lOt) above grade, unless 19 said sign does not exceed three feet (31) above grade in height. W The space below the sign shall be kept clear and unobstructed 21 except for the vertical supporting posts. For the purpose of 22 this sub-section, the corner of the two (2) intersecting streets 23 shall mean that triangular area thirty feet (301) back from the ~ point of intersection of the property lines, and this sub-section 25 shall apply only when such area is not occupied by a building 26 structure. 27 (h) No person except a public officer or employee in 28 performance of a public duty, shall paste, paint, nail, tack, 29 wire or otherwise fasten any card, banner, pennant, handbill, 30 sign, poster or advertisement or notice of any kind, or cause 31 the same to be done, on any pavement, sidewalk, step, curbstone, 32 l~ppost, pole, sign post, hydrant, bridge, wall or tree located -5- i, . I I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 ~ 25 26 27 28 29 ~ 31 32 upon a public street or upon public property except as may be required by ordinance or law. The Mayor and Common Council may grant a special exception thereto for civic or public purposes. SECTION FOUR - General Requirements (a) No person shall erect or construct, or cause or permit to be erected or constructed any sign so that the product of the area in square feet times the distance of the center of the wind load in lineal feet above grade exceeds five hundred (500) for any one standard, unless the plans, including calculations and stress diagrams, signed by a licensed engineer or licensed architect, are submitted to the Department of Building and Safety before in- stallation of said sign. (b) No person shall erect or maintain any sign unless the same is designed and built to withstand a wind pressure of twenty (20) pounds per square foot of exposed surface below a height of sixty (60) feet above grade and a wind pressure of thirty (30) pounds per square foot above a height of sixty (60) feet above grade. Supports shall be designed so that all loads and reactions shall be transmitted to the ground through the structural frame- work and walls of the supporting buildings or structures. (c) The design of wood, concrete, or steel members of signs, or sign structures, shall conform to the requirements of the current edition of the Uniform Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the current edition of the Uniform Building Code. (d) Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the current edition of the Uniform Building Code. In all signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the fo~lowing~ -6- I: , , , , 1 1. Structural steel shall be of such quality as to 2 confonn with U..B.C. Standard No. 27-1-64. The minimum thickness 3 of hot-rolled steel members furnishing structural support for signs 4 shall be ore-fourth (1/4) inch, except that if galvanized, such 5 members shall be not less than one-eighth (1/8) inch thick. Steel 6 pipes shall be of such quality as to confonn with U.B.C. Standard 7 No. 27-1-64. Steel members may be connected with one galvanized 8 bolt provided the connection is adequate to transfer the stresses 9 in the members. 10 2. Anchors and supports when of wood and embedded in 11 the soil, or within six (6) inches of the soil, shall be of all 12 heartwood of a durable species or shall be pressure-treated with 13 an approved preservative. Such members shall be marked or 14 branded by an approved agency. 15 (e) Display surfaces in all types of signs may be made of 16 approved plastics. The Building Official may require that suffi- 17 cient technical data be submitted to substantiate the proposed use 18 of any plastic material and, if it is detennined that the evidence submitted is satisfactory for the use intended, he may approve its 19 20 useo 21 (f) Sections of approved plastics on wall signs erected against a wall of a building or structure, with exposed face of the sign in a plane parallel to the plane of said wall, shall not 22 23 24 exceed one hundred and fifty (150) square feet in area. Each of 25 said sections shall be separated from other said sections by three (3) feet laterally and six (6) feet vertically. IXCEPTIONS: 26 27 28 1. Sections of approved plastics on other than said signs 29 may be of unlimited area and may not be required to be separated if approved by the Building Official. 2. In Fire Zone Three, the specified area may be increased 30 31 32 by fifty percent (50%). -7- 1 (g) Signs erected within Fire Zone One or Fire Zone Two 2 shall be of metal on a frame with metal supports. Wooden 3 ornamental moulding not exceeding one (1) feet in width may be plac d 4 around the advertising surface and ornamental posts may be placed 5 where desired but shall not extend more than four (4) feet above 6 the advertising surface. All wood work shall be painted with a 7 fire resistant paint or some fire resisting material. 8 (h) Signs and sign structures erected in Fire Zone Three 9 may be of any approved material. , 10 EXCEPTION: 11 In Fire Zone Three, electric signs and their structures, 12 roof signs and their structures, or any sign or its structure 13 erected within ten (10) feet of any building, shall be of 14 incombustible material, except as permitted in paragraphs (e) and 15 (f) of this section. 16 (i) The standards for all signs or sign structures shall 17 be placed in or upon private property and shall be securely built, 18 constructed and erected in conformance with the requirements of 19 this ordinance. 20 (j) No sign shall be erected in such a manner that any 21 portion of its surface or supports is within twelve (12) feet 22 vertical or six (6) feet horizontal of any open electrical 23 conductors which are energized in excess of 750 volts. The term 24 "open electrical conductors" as used in this Section means any 25 electrical conductor, either bare or insulated, installed above 26 the ground except such conductors as are enclosed in an approved 27 conduit system. 28 (k) No sign erected on unoccupied property shall project 29 closer to the front property line than the face of a building 30 used as a residence when such building is located on the immediate 31 adj oining property. 32 (1) No person shall erect or maintain any sign, any portion -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 ~ 25 26 27 28 ~ ~ 31 32 of which is less than four (4) feet distant from the immediate adjoining property line, when the property contiguous thereto is occupied by a building with openings immediately opposite thereto which are within four (4) feet of said adjoining property line; provided, however, that one end of the sign may be nearer than four (4) feet distant from the adjacent property line if it is placed at an angle away from the b,ilding so that no openings within eight (8) feet distant from the advertising structure are covered; provided, further, that the sign may be placed against a blank wall co-existent with the immediate adjoining property line. (m) It shall be unlawful for any person owning or controllin a sign to fail to keep such structure in a state of good repair at all times with all braces, bolts, clips and supporting frame free from deterioration, termite infestation, rot, rust, loosening and in such condition that at all times it will withstand the wind pressure _ specified in this ordinance. (n) No sign shall be erected unless the name of the person erecting, constructing, owning or controlling the sign is plainly and permanently marked, painted or outlined above such sign or in a conspicuous place thereon and shall bear a label furnished by the City. SECTION FIVE - Roof Signs (a) No person shall erect any roof sign, without first submitting an application for a sign permit for the roof sign, together with data, designs and other information to show to the satisfaction of the Building Official that any substructure or supporting surface upon which the roof sign is erected is in good condition, is adequately strong to support the load, and that the construction and design of such substructure will provide a safe and adequate connection to any sills, braces, or framework supporting the roof sign. -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 ~ 25 ~ 27 28 29 30 31 32 (b) A sign erected on the vertical surface of a portion of a building that extends above the roof line and that is constructed as an integral part of the original building. shall be termed as a wall sign and shall be subject to the requirements of Section Six of this ordinance. (c) Roof signs and roof sign structures shall be constructed of incombustible materials except as specified in Section Four of this ordinance. (d) A passage clear of all obstructions shall be left under or around. and immediately adjacent to. all signs exceeding a height of four (4) feet above the roof thereunder. Such passages shall be not less than three (3) feet wide and four (4) feet high and shall be at parapet or roof level. There shall be one such passage or access opening as follows: 1 - for each roof sign upon a building. 2 - An access opening for every fifty (50) lineal feet of horizontal roof sign extension. 3 - Within Twenty (20) feet of walls and parapets when roof signs are at right angles to the face of the building. (e) No person shall erect or maintain any roof sign unless the following requirements are fulfilled: 1. Steel foot angles placed at top of roof coverings shall be bolted for supporting the framework of a roof sign and such members shall. after roof work is completed. be set in roofing mastic. 2. Where supporting foot angles or braces of a roof sign occur in connection with tile or slate roofs. all such foot angles and braces shall be flashed with sheet lead or in accordance with the ordinance governing such worl. 3. Foot angles shall be so designed or so located as not to interfere with the drainage of the roof. (f) No person shall erect or maintain a roof sign so that -10- 1 such sign rests upon a parapet wall, or so that any brace or other 2 portion of the framework supporting such a roof sign is attached 3 to any part of a fire escape. 4 (g) No person shall erect or maintain a roof sign on any 5 roof in a location where any portion of the roof sign or its 6 supporting framework will interfere with the free use of any 7 stairway, fire escape or other means of exit, or with vent shafts 8 or standpipes, or in a manner which will obstruct any window, 9 ventilator or doorway which is required by law or ordinance. 10 (h) No person shall erect any roof sign, the advertising 11 surface of which is less than four (4) feet distant from the 12 immediate adjoining property line when the advertising surface 13 thereof is parallel or at an angle of 300 or less to said property 14 line. 15 (i) No person shall erect or maintain a roof sign that 16 projects beyond the property line unless it is an electric sign 17 and the projection is in accordance with the provisions governing 18 the height and projection set forth in Section Eleven of this 19 ordinance. ~ SECTION SIX - Wall Signs 21 (a) No person shall erect a wall sign without submitting 22 an application for a sign permit for the wall sign together with 23 data to prove conclusively to the satisfaction of the Building 24 Official that any supporting wall or portion thereof upon which '25 the wall sign is erected is in good condition and adequately 26 strong to securely and safely support such sign and shall, in 27 addition, provide safe and proper connections to the sign framework. 28 (b) No person shall erect or maintain any wall sign in a 29 location where any portion of such sign or its supporting frame- w work interferes with the free use of any stairway, fire escape or 31 other means of exit or with standpipes. 32 (c) No person shall erect, install or maintain a wall -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 ~ 25 26 27 28 29 ~ 31 32 sign so that it covers a ventilator, door or window which is required by law or ordinance. (d) No person shall erect or maintain any wall sign unless all bolts supporting or holding such sign are carried through and bolted on the inside of the wall or are securely attached there- into with toggle bolts, lag screws or with metal expansion shields drilled into such wall. (e) It shall be unlawful for any person to erect or maintain any wall sign with advertising surfaces at right angles to the wall on which it is installed unless approved lateral bracing is provided. Braces, angles, clips, bolts, lag screws or similar members in connection with wall signs shall be hot dipped and galvanized. Cables or chains or other flexible or loosely connected members shall not be considered as providing lateral bracing unless the cable is not less than three sixteenths (3/16) inch and consists of seven (7) strands of sixteen (16) gauge hot dipped galvanized wire, and chains shall be made up of not less than three sixteenths (3/16) inch hot dipped galvanized links, and provisions shall be made by a turnbuckle, or other equally effect- ive method, for tightening and keeping taut such members. Such sign shall not exceed eighteen (18) inches in thickness. (f) No person shall erect or maintain a wall sign with advertising surfaces parallel to the wall on which it is installed. which has a depth or thickness in excess of eighteen (18) inches. SECTION SEVEN - Electric Signs (a) No person shall erect or install any electric sign without first submitting an application for a sign permit for an electrical sign, together with data, designs and other information to show to the satisfaction of the Building Official that all provisions of any and all electrical ordinances of the City of San Bernardino pertinent thereto will be complied with in all par.ticulars. Approval of such installation must be obtained from -12- 1 the Building Official. 2 a 4 5 6 7 8 9 10 11 12 13 14 15 16 (b) Electric sign contractors qualifying for and obtaining a class C-45 license issued by the State of California Contractors License Board may install the primary connections to electric signs or transformers at locations where an existing outlet of adequate capacity is located within fifty (50) feet of sign or transformer. (c) No factory-assembled electric sign shall be erected or installed unless the same bears the label of the Underwriters' Laboratories, Inc. or other recognized testing laboratory. (d) Electric signs but not electric discharge tube outlining assembled in the field shall comply with all applicable standards as .stablished by the Underwriters' Laboratories Standards for Electric Signs, and shall have periodic inspection as necessary by the Building Official during the field assembly to assure compliance with said standards. The permit fee for such inspect- ion shall be one-half (1/2) of the total electric sign permit. (e) Each electric sign, not including barber poles, shall have a safety disconnect switch, or other approved means of disconnecting all ungrounded conductors serving the sign, at the sign location and visible from ground level. (f) In addition to the requirements of this section, electric signs and outline lighting of electric discharge tubing shall also conform to the requirements set forth in the State of California Electrical Safety Orders, current edition. (g) Conductors shall be of a type approved for the purpose and the voltage of the circuit and shall be installed in rigid conduit, electrical metallic tubing, flexible metal conduit or other approved metal raceways. (h) Where the high voltage conductor of electric discharge tubing extends beyond the end of the metallic raceway, it shall be contained within an approved non-combustible, non-absorbtive tUbing. This tubing shall be as short as possible and in no case -13- 17 18 19 W 21 22 23 ~ 25 26 27 28 29 30 31 32 lover two (2) feet in length, and also said tubing shall be adequate 2 ly protected from damage and in no case shall it be used on a 3 roof or in the attic of a building. 4 (i) Electrodes of electric discharge tubing shall not 5 terminate within a combustible wall, partition or attic of a 6 building unless enclosed within and adequately protected by an 7 approved metallic enclosure. 8 (j) Transformers shall be located where safely accessible. 9 A work space of at least three (3) feet high and at least three 10 (3) feet by three (3) feet horizontally shall be provided about 11 each transformer, except where installed in approved signs. 12 Transformers may be located in attics provided there is a passage- 13 way at least three (3) feet in height and at least two (2) feet 14 in width provided with a suitable permanent fixed walkway or 15 catwalk at least twelve (12) inches in width extending from the 16 point of entry of the attic to each transformer. 17 (k) Portable electric discharge tube signs shall be for 18 indoor use only and shall not require a permit for installation. 19 However, any said portable sign used in violation of this section 20 shall be classed as a fixed sign or a electric discharge tubing 21 requiring a permit as set forth in Section Fourteen of this 22 ordinance and upon due notice to the owner shall be removed or 23 reinstalled in accordance with the regulations of this section. 24 (1) Floodlight and signboard reflectors may project not 25 more than four (4) feet over sidewalks or other public property 26 used only by pedestrians, provided all portions of such wiring, 27 reflectors or fixtures are at least eight (8) feet above grade. 28 (m) Floodlight and signboard reflectors may project not more 29 than twenty-four (24) inches over a public alley provided all 30 portions of such wiring or fixtures are at least sixteen (16) feet 31 above grade. 32 (n) Floodlight and signboard reflectors shall be of a type -14- 1 approved for such use and shall be properly supported. Stems \ 2 supporting flood lights and reflectors shall be galvanized rigid 3 steel conduit. 4 (0) All electric signs must be illuminated at least two (2) 5 hours each and every night, except Sunday nights, between one-half 6 (1/2) hour after sunset and twelve (12) midnight. All electric 7 signs not so illuminated shall be removed by order of the Building 8 Official. However, a period of thirty (30) days will be allowed 9 for necessary repairs or alterations. 10 SECTION EIGHT - Marquee Signs 11 (a) No person shall erect a marquee sign without first sub- 12 mitting an application for a sign permit for the marquee sign 13 together with data, designs and other information to show 14 efinitely to the satisfaction of the Building Official that any 15 substructure or supporting surface, upon which the marquee sign 16 is erected is in good condition, is adequately strong to support 17 the load and that the construction and design of such substructure 18 will provide a safe and adequate connection to any braces or frame- 19 work supporting the marquee signs. 20 (b) Signs may be placed on, attached to, or constructed in 21 a marquee. Such signs shall, for the purpose of determining 22 projection, clearance and height, be considered a part of and 23 shall meet the requirements for a marquee as specified in this 24 section. 25 (c) The projection of a marquee over the property line shall ~ be no more than eight (8) feet or two-thirds (2/3) the distance 27 of the property line to the curb line, whichever is less. In no 28 case shall the marquee project within twenty-four (24) inches of 29 the curbline. 30 (d) The distance above grade to the lowest point of a 31 marquee shall not be less than eight (8) feet. 32 (e) The height or thickness of a marquee vertically from its lowest to its highest point shall not exceed fifty-four (54) inches. -15- ~.'L~. ',.i',.".;,l 1 (f) Lamps and lighting fixtures may be installed in or on 2 a marquee, provided no portion of such lam~, fixture or enclosure 3 is less than eight (8) feet above grade or projects beyond the 4 allowed limits in sub-section (c) of this section. 5 (g) No marquee or sign shall project over public property 6 to any location where it will interfe~with or be an obstruction 7 to a proposed site for a tree under the tree planting program of 8 the Park Commission. 9 SECTION NINE - Temporary Signs 10 (a) No person shall erect a temporary sign without first 11 obtaining a temporary sign permit from the Building Official. 12 (b) A temporary sign shall be located on the premises where 13 such goods, wares or merchandise is sold or such business is 14 conducted as advertised on said temporary sign. 15 (c) No person shall erect or maintain a temporary sign upon 16 or over any roof or that projects over public property. 17 (d) No person shall erect or maintain a temporary sign that 18 is not safely secured in place, 19 (e) Temporary signs shall be removed within one hundred- Weighty (189)days after installation. 21 (f) Gas inflated balloons used for advertising shall be 22 not over three (3) feet in diameter unless approved by the Mayor 23 and Common Council. Such balloons shall be inflated with a non- 24 iriflAmml~ gas and sub~tantially anchored with a nylon or any 25 equal electrical non-conductive line of adequate strength. Such 26 anchorage shall not be located within one hundred (100) feet of 27 any overhead open high voltage (over 750 volts) electrical 28 conductors. Such balloons shall not be maintained over seventy- 29 five (75) feet above the point of anchorage, The said point of ~ anchorage may be on the roof of a building, 31 SECTION TEN: Portable signs 32 (a) The provisions of this ordinance shall not apply to -16- 1 movable or portable poster boards, portable A-boards, folding 2 signs and similar movable signs with no advertising surface there- 3 on larger than twenty-four (24) square feet as seen from anyone 4 point when such signs do not exceed six (6) feet in height, and 5 when such signs are maintained upon private property. 6 (b) All portable and movable signs shall be anchored or 7 weighted to hold them substantially erect. 8 (c) A portable sign shall not project over or be erected 9 upon public property. 10 (d) Regardless of any provision herein to the contrary, no 11 sign permit shall be required for any type of portable sign that 12 meets the requirements set forth in sub-section (a) hereof. 13 SECTION ELEVEN - Sign Projections 14 (a) Signs shall comply with the provisions regulating the 15 height above grade and projections into the required yard area as 16 set forth in the Land Use Zoning Ordinance No. 1991. 17 (b) Signs that project over public property shall be no less 18 than eight (8) feet above grade to the lowest point of the adver- 19 tising structure, except barber poles, which shall be not less W than six (6) feet above grade, provided the projection over public 21 property does not exceed twelve (12) inches. 22 (c) No sign, except electric signs shall project more than 23 four (4) inches over public property. 24 (d) Signs shall comply with the following projection limits 25 when such projection is over public property: 26 When the bottom of the sign is eight (8) feet and less than 27 ten (10) feet above grade, the projection shall not exceed one (1) 28 foot. When the bottom of the sign is ten (10) feet and less than 29 twelve (12) feet above grade, the projection shall not exceed two W (2) feet, six (6) inches. When the bottom of the sign is twelve 31 (12) feet and less than fourteen (14) feet above grade, the pro- 32 jection shall not exceed three (3) feet. When the bottom of the -D- 1 sign is fourteen (14) feet and less than sixteen (16) feet above 2 grade, the projection shall not exceed four (4) feet. When the 3 bottom of the sign is sixteen (16) feet or more above grade, the 4 projection shall not exceed five (5) feet. 5 (e) A sign with advertising surfaces parallel to the wall on 6 which it is installed, or with advertising surfaces in a V-shape 7 shall not project more than thirty (30) inches from the face of 8 the building on which it is installed. 9 (f) No sign or sign structure shall project into any 10 public alley below a height of fourteen (14) feet above grade,nor 11 project more than twelve (12) inches where the sign is located 12 fourteen (14) feet to sixteen (16) feet above grade. The sign or 13 sign structure may project not more than thirty-six (36) inches 14 into the public alley where the sign or sign structure is located 15 more than sixteen (16) feet above grade. 16 SECTION TWELVE - Littering of Streets 17 (a) No person shall scatter, daub or leave any paint, pots, 18 paste, glue or other materials or substance used in painting or 19 affixing advertising matter upon any public streets, barricade or W sidewalk or scatter or throw or permit to be scattered or thrown, 21 any bills, waste matter, paper, cloth or materials of whatsoever 22 kind removed from advertising structures on any public thorough- 23 fare or on private property. ~ SECTION THIRTEEN - Maintaining Signs 25 (a) It shall be unlawful for any person owning or controlling 26 any sign that advertises other than the materials or uses pertaining 27 to land and buildings on the same premises on which the sign is 28 located, to fail to keep such sign in a state of good repair at 29 all times, with all braces, bolts, clips and supporting frame free 30 from deterioration, termite infestation, rot, rust, loosening and 31 such condition that at all times it will withstand wind pressures 32 specified in this ordinance, or fail to keep the ground space ithin ten (10) feet in all directions from the base of such sign -~8- 1 free and clear of all weeds, rubbish or other inflammable waste 2 material. 3 (b) The Building Official shall make an annual inspection 4 of each such sign to assure compliance with the requirements of 5 this section and shall issue a permit therefor. Such permit will 6 be known and referred to as an annual sign permit. 7 (c) The Department of Building and Safety will issue with 8 each annual sign permit a label which shall be placed in a con- 9 spicuous position on the sign, or its supporting structure, for 10 which said permit is issued, by March 15th of the year of issue. 11 SECTION FOURTEEN - Permits and Fees 12 (a) No person shall erect, install or construct any sign, 13 or add to an existing sign, or move from one location and erect in 14 another location within the City of San Bernardino, or alter any 15 sign or any part thereof, or cause the same to be done without 16 first obtaining a permit to do so from the Department of Building 17 and Safety and such permit may be known and referred to as a sign 18 permit. The determination of value or valuation under any of the 19 provisions of this ordinance shall be made by the Building 20 Official. 21 The fee for such permit shall be as follows: 22 TOTAL VALUATION FEE 23 $2.00 to and including $500.00 $5.00 ~ More than $500.00 to and including $1,000.00 $6.00 25 Each additional $1,000.00 or fraction thereof $3.00 26 Re-issue of duplicate City label $1.00 27 (b) Plan Check Fees - When the valuation of the proposed 28 sign exceeds one thousand dollars ($1,000.00) a plan check fee 29 shall be paid to the Department of Building and Safety at the time 30 of applying for a sign permit. Said plan check fee shall be equal 31 to one-half (1/2) of the original sign permit fee as required in 32 sub"section (a) of this section. -19- 1 (c) No person shall erect, install, construct or move an 2 electric sign without first obtaining from the Department of 3 Building and Safety, a permit, which shall be in addition to and 4 part of the required sign permit, and paying the fees therefor 5 prior to the erection of such electric sign. 6 The fee for such permit shall be as follows: 7 Permit issuance fee.....o.....oo.o...o.o.~o.oo... $1.00 8 'j 9 For one transformer, ballast, motor or similar device including electric signs 10 moved to a new location ..0.........0..0........0 $2 . 00 11 For each additional transformer, ballast, motor or similar device on the same 12 13 property and same contracted installation 14 including electric signs moved to or on 15 the same property ......0...0..0.0..00...0..0..00 $1.00 $1.00 $2 . 00 16 Each flasher or time clock..c.o.................. 17 For altering an existing electric sign........... 18 For connecting 120 volt feeders to each 19 1 . . e ectr1c s1gn 00.0..0.00.....0.0...0.0....0.0.... $1.00 20 For incandescant lamp sockets _ 21 From 1 to and including 20 - each ........... .05 .03 .01 22 From 21 to and including 120 - each ......... 23 For each additional . . 0 . 0 . 0 . . . . . . . . 0 0 . . 0 0 . .0. 24 For field assembled electric signs _ add 1/2 of total sign permit fee. (d) Temporary signs, as herein defined, shall require a 25 26 27 permit for erection. The fee for such permit shall be _ $2.00. 28 (e) The fee for an annual sign permit shall be as follows: For signs up to and including one hundred (100) 29 30 square feet in area.ooo..o.o.......o.o.oo...o.o. $2 . 00 31 For signs over one hundred (100) but not exceeding three hundred (300) square feet in area $3.00 32 o .0. . . . . 0 For signs exceeding three hundred (300) square -20- 1 feet in area .......0.0....00.....0.0...1;141...00... $5.00 2 The square foot area shall be interpreted in this section as 3 meaning the advertising surface of a sign as seen from anyone 4 point, when such sign is erected on one supporting structure. 5 Annual sign permits shall be due and payable on the second 6 day of January of each and every year following the erection and 7 until the removal of such sign. If such annual sign permit is not 8 obtained by the thirty-first (31st) day of January, the fee shall 9 be doubled. 10 (f) Repainting of a sign, or the changing of advertising 11 copy thereon shall not be considered an alteration which requires 12 a sign permit unless a structural change is made or exposed area 13 is increased. 14 (g) Any .person desiring a sign permit, as required by this 15 ordinance shall file with the Department of Building and Safety 16 an application therefor in writing on a blank form to be furnished 17 for that purpose. Every application for a sign permit shall des- 18 cribe the land or the building upon which the proposed sign is to 19 be erected by lot, block, street number or similar general des- W cription which will readily identify and definitely locate the 21 proposed sign. Accompanying every application for a sign permit, 22 there shall be filed plans, drawn to scale of such clarity to 23 indicate the location, dimensions and engineering design of such 24 sign and structure. Such plans shall include engineered data 25 signed by a licensed engineer or licensed architect when required 26 as in Section Four, Sub-section (a) of this ordinance. 27 (h) After checking, and if the plans and specifications are 28 found to be in conformity with the requirements of this Ordinance, 29 the Building Official shall, upon receipt of the required fee, ~ issue a permit therefor. When the permit is issued, plans shall 31 be stamped "approved" and a set of approved plans must be kept on 32 the<work at all times and no changes, alterations or modifications -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall be made therein and the sign shall be built in conformity therewith unless authorization to the contrary is obtained from the Department of Building and Safety. (i) If work authorized to be done under a sign permit is not begun within ninety (90) days from the date of issuance, such permit shall become null and void and the fee paid therefor by the applicant shall be forfeited so that if a sign is thereafter erected, an additional sign permit shall be secured and an additional fee shall be paid therefor. (j) The issuance or Iranting of a sign permit shall not be deemed or construed to be a permit for, or an approval of any violation of any of the provisions of this ordinance and no sign permit presuming to give authority to violate or cancel the provisions of this ordinance shall be valid except inspfar as the work or use which is authorized by the issuance of a sign permit is lawful. (k) The issuance of a sign permit shall not prevent the Building Official from thereafter requiring the correction of errors and the Building Official is hereby authorized to stop any sign or any advertising structure installation which is being carried on in violation of this ordinance or of any other ordinance of the City of San Bernardino. SECTION FIFTEEN - Inspection and Enforcement (a) The Building Official may inspect or cause to be inspected at any time during the erection, construction, enlarging, alteration or moving of any sign referred to in this ordinance and located in the City of San Bernardino. (b) It shall be unlawful for any person erecting, construct- ing, enlarging, altering or moving any sign to fail to call for a final inspection by the Department of Building and Safety. (c) No sign shall be considered complete until inspections he~in referred to have been completed. -22- 1 (d) The Building Official is hereby authorized and directed 2 to enforce all of the provisions of this ordinance and, for such 3 purposes, he shall have the power of a police officer. The 4 Building Official, or his authorized representative, may enter any 5 building or upon any premises for the purpose of inspection of 6 sign construction work or installations, or to prevent any 7 violation of this ordinance, and to see that all work is done in 8 a workmanlike manner, upon presentation of the proper credentials. 9 Whenever the Building Official, or his authorized representative 10 finds that any sign construction work is being done contrary to, 11 or in violation of any provision of this ordinance or any other 12 ordinance regulating sign construction work, or when it comes to 13 the attention of the Building Official that any work regulated 14 by this ordinance is dangerous, unsafe, or a menace to life, health 15 or property, the Building Official shall have the power, and he 16 is hereby authorized to order any such work to be immediately 17 stopped, or to order any dangerous or unsafe construction or : 18 construction which is a menace to life, health or property, to be 19 made safe. Any such order to stop work or to make construction 20 safe, shall be in writing. 21 (e) After receipt of a notice from the Building Official to 22 stop sign construction work in violation of this ordinance or 23 other law, no person, firm or corporation shall proceed with or ~ perform such work until there has been compliance with said ordinanc 25 or other law and inspection and approval thereof by said Official. 26 It shall be unlawful for such person, firm or corporation to 27 maintain or to permit the maintenance of any u.safe or dangerous 28 sign or sign construction as determined by the Building Official 29 and each and every day that said sign or construction is maintained ~ after notice thereof and instructions for corrections have been 31 given by the Building Official shall constitute a separate violation 32 of ~his ordinance. -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 21 22 23 ~ 25 26 27 28 29 ~ 31 32 SECTION SIXTEEN ~ Safety Barricade on City Property. (a) No person shall erect or install any sign which projects over City property, or do any preparatory work preliminary to the erection or installation of such sign without first obtaining an encroachment permit for a barricade from the Superintendent of Streets as required in Ordinance No. 1983. SECTION SEVENTEEN - Penalties (a) When, due to neglect or ignorance, a sign or temporary sign is erected prior to obtaining a sign permit as required by this ordinance, the fees required shall be doubled. If, after fifteen (15) days after written notice of said double fee penalty, the responsible person has not obtained such sign permit, an additional penalty of ten (10) dollars shall be added to the sign permit fee. Thereafter, each fifteen (15) days, or fraction thereof, that the sign permit has not been obtained shall be considered as a separate violation for which an additional ten (10) dollars shall be added to the sign permit fee. The payment of such double fee or penalties shall not relieve any person from fully complying with other pro- visions of this ordinance or from any other penalities prescribed herein. (b) When a sign is found, by the Building Official, to be in violation of any section of this ordinance, and when said violation has not been corrected within fifteen (15) days after written notice to the responsible person, a penalty of five (5) dollars shall be paid to the Department of Building and Safety. There- after each fifteen (15) days or fraction thereof that the violation is not corrected shall be considered as a separate violation for which an additional five (5) dollars shall be added to the penalty. The payment of such penalty shall not relieve any person from correcting said violation. (c) It shall be unlawful for any person erecting~ construct- ing. enlarging, altering or moving any sign to fail to call for -24- 1 final inspection by the Department of Building and Safety. A 2 penalty of five (5) dollars shall be paid to the Department of 3 Building and Safety when final inspection has not been called for 4 after completi.h of work on a sign. 5 (d) Every person violating or failing, neglecting or refusin 6 to comply with any of the provisions of this ordinance shall be 7 deemed guilty of a misdemeanor, and upon conviction thereof shall 8 be punished by a fine not exceeding five hundred dollars ($500.00) 9 or by imprisonment for not more than six (6) months; and each 10 such person, shall be deemed guilty of a separate offense for each 11 day during any po~tion of which the violation of, or failure, 12 neglect or refusal to comply with, any of the provisions of this 13 ordinance is committed, continued or permitted by such person, and 14 such person shall not maintain or use any sign constructed or 15 maintained contrary to the provisions of this ordinance for more 16 than ten (10) days after written notice from the Department of 17 Building and Safety setting forth that such sign is not constructed 18 or maintained in accordance with the provisions of this ordinance, 19 and specifying the respect or respects in which the same does 20 not comply with the provisions of this ordinance, and directing 21 such person to remove or alter the same to comply with the 22 provisions of this ordinance. 23 SECTION EIGHTEEN - Liability 24 (a) This ordinance shall not be construed to relieve from, 25 or lessen the responsibility of any person owning, maintaining, 26 operating, constructing or installing any sign, or other device 27 menticm.d herein for damages to life or property caused by any 28 defect therein, nor shall the City of San Bernardino nor any 29 agent thereof be held to assume any liability by reason of the ~ inspection required herein. 31 SECTION NINETEEN: If any section, sub-section, sentence, clause 9* phrase of this Ordinance is for any reason held to be 32 -25- 1 invalid or unconstitutional by the decision of any court of 2 competent jurisdiction, such decision shall not affect the validity 3 of the remaining portions of the ordinance. The Common Council 4 hereby declares that it would have passed this ordinance and each 5 section, sub-section, sentence, clause and phrase hereof, irrespect- 6 ive of the fact that anyone or more of the sections, sub-sections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. 7 8 9 SECTION TWENTY: Ordinance Nos. 348 and 1911 are hereby 10 repealed. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at ar?1//{~~Ad'/(;'>d,f~~h,vmeeting thereof held on the ~~3 J day of ~fI~/ , 1964, by the follow- ing vote, to wit: 11 12 13 14 15 16 a~ AYES; 17 18 ABSENT: ~ NOES: 19 20 4L.t C~ff.,v '/I C1ty b;;kv Ordinance is hereby approved this c;Z3~~day of 21 The foregoing 7r~k/ ,1964. ~ .uL" ~ J ~o~'tJ.e l.ty o~a~ernardino 22 23 24 25 26 27 28 29 Ft ~ Ei-O' '....,-- 30 31 NOli 23 196.4 . ~L~J:' . CltJCIlIstl """""'" 1 #~_ . . ~.'-ru.,., -26- 32