Ordinance Number 700ORDINANCE NO. 700
AMENDING TITLE 7 OF THE MUNICIPAL CODE -
TEMPORARY SIGNS IN THE PUBLIC RIGHT-OF-WAY
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 9 TO TITLE 7 OF THE
MUNICIPAL CODE DEALING WITH TEMPORARY SIGNS IN THE
PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Chapter 9 is hereby added to Title 7 of the San Juan Capistrano Municipal
Code to read as follows:
CHAPTER
SECTION 1. Temporary Signs
(a) Definition. A "temporary sign" is any sign, handbill, or poster which
is not designated or intended to be placed permanently. Examples of temporary signs
include, but are not limited to, signs, handbills, or posters relating to garage sales,
political candidates, or ballot measures, concerts, swap meets, and the like.
(b) Legislative Findings. The City Council finds as follows:
1) Aside from this section, temporary signs are not regulated by this
article and are therefore not subject to design review or approval as to their
size, shape, color, design or placement. The lack of regulation of temporary
signs has, in the past, led to visual clutter within the community and aesthetic
blight. At times, temporary signs pose traffic safety hazards.
2) Publicly owned property and property and facilities located within
the public right-of-way, such as utility poles, benches, hydrants, bridges,
sidewalks and similar structures are not by tradition or designation a forum for
communication by the general public, and the Council wishes to preserve these
structures for their intended purposes, which is the safe, efficient and pleasant
movement of vehicular and pedestrian traffic and operation of utility systems.
3) The regulations, prohibitions, or restrictions specified in this
section are necessary to preserve items located within the public right-of-way
for their intended purposes, and to prevent the visual clutter, blight, and
traffic hazards caused by temporary signs therein.
(c) Posting Prohibited. No person shall paint, mark, or write on, or
post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise
fasten or affix, any temporary sign on any sidewalk, crosswalk, curb, street lamp post,
pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole,
or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other
object located within the public right-of-way which is not maintained for the purpose of
communications by temporary signs by the general public. In addition, no item as
described above may be posted on publicly owned buildings.
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(d) Exceptions. This section shall not prevent a public officer or
employee from posting notices as required by law, such as notices of street abandonment
or notices of proposed assessment district proceedings as required by Streets & Highways
Code, or other statutory authority. This section shall also not prevent the Director of
Building & Engineering from issuing an Encroachment Permit for the erection of banners
pertaining to non-commercial and non-political community events, such as parades, fairs,
and community celebrations. This section shall also not pertain to structures located
within the right-of-way which by tradition or designation are used for the purpose of
communication by the general public. Such structures shall include kiosks, bulletin
boards, newspaper racks, and billboards as authorized by this Code. This section shall not
prevent temporary signs from being placed in the public right of way in accordance with
the provisions of subsection (e) and subsequent subsections.
(e) Posting Allowed Within Public Right -of -Way. Temporary signs
permitted in this section may be posted on publicly owned right-of-way, subject to the
following restrictions:
1) Each temporary sign may not exceed six (6) square feet in area.
2) Each temporary sign may not exceed six feet in height.
3) Each temporary sign must be free standing. Temporary signs may
not be affixed to any building or structure as described in
subsection (c) above.
4) Each temporary sign must have the following information listed on
the lower right corner of the sign:
a. the name of a natural person who will be responsible for
removing the temporary sign;
b. a phone number where this person can be reached; and
C. the date of posting.
5) Temporary signs shall be posted no closer than five feet from the
edge of the paved area of any public road or street.
6) No more than ten (10) temporary signs, owned by a single person or
relating to the same event, activity, or candidate, may be placed
within the public right-of-way, provided they are placed in
accordance with all necessary rules and requirements described
within this Chapter.
7) Temporary signs shall be placed no less than five hundred (500) feet
apart from identical or substantially similar temporary signs.
8) Flags, valances, pennants, lights or other similar attraction devices
which are accessory to temporary signs are prohibited.
9) Temporary signs cannot be illuminated, revolve, or otherwise
function with mechanical parts or devices.
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10) Temporary signs may not be posted in a manner which obstructs the
visibility of traffic, street signs, signals, or emergency equipment.
11) Temporary signs may be posted no more than 30 days prior to the
event or activity which they advertise.
12) Temporary signs must be kept in a state of good repair at all times
during their posting. It is the responsibility of the sign owner to
ensure that signs which become damaged are repaired or removed
expeditiously.
(f) Posting Prohibited Near Polling Places. Temporary signs placed in
violation of Section 29470 of the California Election Code, pertaining to signs within 100
feet of a polling place, are hereby prohibited.
(g) Removal of Unmarked Signs, Illegally Sized Signs, Illegally Affixed Signs,
Signs Placed in Excess of the Maximum Number Allowed, Poorly Maintained Signs, and
Signs which Impair Visibility and are Hazardous.
1) Temporary signs not marked in accordance with subsection (e) 4)
are subject to immediate removal by the City. These signs shall be
removed by the City, stored and disposed of in accordance with
written procedures established administratively.
2) Temporary signs which exceed allowed size limits, are illegally
fixed affixed, exceed the maximum number allowed, or are in a
poor state of repair, are subject to removal upon 24 hours notice.
a. City employees will make a reasonable attempt to notify the
owner of the sign subject to removal.
b. City employees will place a written notice of removal on the
illegal sign during the 24 hour period of notice.
3) Temporary signs which have been determined by the Director of
Engineering to be potentially hazardous, and impair visibility as
defined in subsection (e) 10, are subject to immediate removal
without notice to the sign owner.
(h) Removal. Temporary signs posted in the public right-of-way, not
prohibited by this section, shall be removed within seven (7) calendar days after the
event to which they relate occurs.
Any temporary sign posted or otherwise affixed in violation of this
section may be removed by officers of the police, Building Inspectors, Public Lands and
Facilities employees, or by a Code Enforcement Officer.
(i) Destruction of Signs. Any temporary sign removed by the City
may be considered abandoned if it is not retrieved within seven (7) calendar days after
the date of such removal, and may be disposed of by the City without liability therefor to
any person.
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(j) Procedures for Owner Notification, Removal, Storage and
Destruction of Signs. Written procedures for the notification of sign owners of
violations, removal and storage and destruction of temporary signs will be established
administratively.
passage.
SECTION 2. Effective Date.
This ordinance shall take effect and be in force thirty (30) days after its
SECTION 3. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 3rd day of March ,
1992.
ATTEST:
CITY CLERK
GIL JONES, MAYOR
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254
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 700 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on February 18 1992, and
adopted at a meeting held on March 3 , 1992, by the following vote:
AYES: Councilmen Friess, Hausdorfer: Harris and Mayor Jones
NOES: Councilman Vasquez
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSO , CITY CLERK
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