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HomeMy WebLinkAbout3473 10 11 12 1 ORDINANCE NO. <__1'f7:l , 2 ORDINANCE OF THE CITY OF SAN BERNARDINO REGULATING THE PLACEMENT OF POLITICAL SIGNS. 3 4 THE MAYOR AND COMMON COUNCIL DO ORDAIN AS FOLLOWS: OF THE CITY OF SAN BERNARDINO I I I , ! 5 SECTION 1. INTENT. It is recognized that there have 6 been abuses in the placement of political signs within the City, 7 including trespassing upon private property; placement without permission from the property owner; placement in such a fashion 8 9 as to make them difficult to remove; littering caused by dis- lodged political signs; sight and distance hazards to traffic because of size and location; distracting appearance and dis- pleasing aesthetically; unnecessary proliferation; and other 13 reasons, all of which are determined to be contrary to the best 14 interests of the community and the public health, safety and 15 welfare. 16 The intent and objective in establishing the regulation 17 of pOlitical signs are to ensure the compatibility between 18 utilization of political signs and the prote.ction of the right 19 to privacy of individuals and the quiet and undisturbed enjoy- 20 ment of property. 21 22 23 24 25 26 27 28 SECTION 2. DEFINITION. The term "political sign" shall mean any sign which indicates or advertises anyone or a com- bination of the following matters: (a) The name or picture of an individual seeking election or appointment to a public office; (b) Relates to a forthcoming public election, initiative or referendum; (c) Advocates a person's, group"'s, or party's political 1 views or policies. 2 The term "political sign" shall not mean a billboard which 3 complies with state and local laws. 4 SECTION 3. GENERAL PROVISIONS. 5 (a) Political signs shall henceforth be erected in the 6 City of San Bernardino pursuant to the provisions of this ordi- 7 nance, notwithstanding the provisions of Ordinance Nos. 1991 8 and 2623 to the contrary. 9 (b) Prior to the placement of political signs in the in- 10 corporated areas of the City, a fee of $5.00 shall be paid and a 11 permit shall be obtained from the Superintendent of the Building 12 and Safety Department of said City who shall issue the permit 13 subject to the regulations and provisions of this ordinance. 14 (c) Political signs shall not be posted or erected on any 15 property without the consent of the property owner or his agent. 16 (d) Political signs shall not be erected or posted prior 17 to forty five (45) days before the election or vote. 18 (e) The maximum area of a political sign shall be sixteen 19 (16) square feet in residential districts and thirty two (32) 20 square feet in all other districts. 21 (f) A political sign shall not be affixed, erected or 22 located at or near the curb of any street intersection when it 23 obstructs the view of motorists to cross traffic or constitutes 24 a traffic hazard or at any location where the sign interferes 25 with, obstructs the view of, or can be confused with any authoriz d 26 traffic sign or marking. 27 (g) Political signs shall not be stapled or affixed to 28 any public utility pole and shall not be located in the public -2- 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 right of way, parkway, or on publicly owned or maintained land or property, provided that political signs may be located in public parks for not more than twelve (12) continuous hours in conjunction with a political rally. (h) Political signs which have an adhesive backing shall not be affixed directly to any building or structure. A political sign with adhesive backing shall first be affixed to a temporary backing of wood, paper, cardboard, plastic or similar material for support in order that it can be easily removed from its posted location. (i) All political signs shall be removed and properly disposed of not more than thirty (30) days after the election or voting date. (j) If a political sign at any time is deemed to be in violation of this ordinance, it shall be removed or abated by the Superintendent of Streets or other authorized City officer or employee and any right of ownership or possession of such pOlitical sign, or damages therefor, shall be thereby forfeited. (k) The applicant shall sign a statement filed with the Superintendent of the Building and Safety Department indicating that such person understands the pOlitical sign regulations and that all signs which do not conform thereto are subject to immediate removal and abatement by the City Street Superinten- dent without notification or liability. SECTION 4. PENALTIES. Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment for a period - 3 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 of not more than six (6) months, or by both such fine and im- 2 prisonment. SECTION 5. URGENCY. This ordinance is an urgency and 3 emergency measure and shall take effect upon its adoption and 4 approval. The facts constituting such emergency are as follows: 5 6 The municipal primary election is to be held on March 4, 1975 and the filing of nomination papers by candidates closed 7 8 on December 26, 1974. Therefore, it is imperative that this 9 regulatory ordinance becomes effective before political signs are erected by candidates who qualified for nomination in order that their freedom of speech can be appropriately exercised without creating public nuisances. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San f The foregoing ordinance is .. I day of ~ri/'Lf(l.7 ' 1975. as t;go fo.r m" / C) jIt... I ~ C~ty Attorney Bernardino at a held on the ,7;fI.. following vote, to wit: AYES: Councilmen -';/ NAYS: ABSENT: meeting thereof, , 1975, by the ,. k hereby (~~ Bernar ~no FILED - 4 - JAI~ 1 (~ 1975 LUC!L-bE GOFO~TH. c~ CIeri! ~7iMIi~~/:;;~/~