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Home My Public Portal AboutOrdinance 02-8751 ORDINANCE NO. 02-875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE IV, CHAPTER 2, PART II OF THE MUNICIPAL CODE (SIGNS) WHEREAS, in order to provide for and protect the health, safety, and welfare, it is desirable to maintain public rights -of -way free of obstruction; and, WHEREAS, it is also important to allow expression of political viewpoints in accordance with the guarantee of free speech as provided in the Constitution of the United States; and, WHEREAS, both goals may be achieved through the enactment of reasonable and non - discriminatory regulations pertaining to the placement of political signs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. Article IV — Law Enforcement, Chapter 2 — Nuisances, Part II - Signs of the Temple City Municipal Code is hereby repealed in its entirety and replaced with the following: Article IV — Law Enforcement Chapter 2 — Nuisances Part II — Political Signs and Handbills SFCTION 4220 LEGISLATIVE INTENT 4221 DEFINITIONS 4222 PLACEMENT OF POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY 4223 PLACEMENT OF POLITICAL SIGNS ON PRIVATE PROPERTY 4224 DECLARATION OF NUISANCE /SPECIAL ABATEMENT PROCEDURES 4225 HAND - BILLS, SIGNS — PUBLIC PLACES AND OBJECTS 4220. LEGISLATIVE INTFNT The City Council of the City of Temple City hereby declares that its intent in adopting reasonable and non - discriminatory regulations pertaining to the placement and removal of political signage is to provide for the health, safety, and welfare of the general public. The City Council further declares that it would have passed and does hereby pass this Ordinance and each sentence, section, clause, and phrase hereof, irrespective of the fact that any one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. 4221. DFFINITIONS As used in this part, the following terms shall be defined as set forth herein: Parkway shall mean a landscaped area between the edge of curb and the front of sidewalk. Political shall mean relating to or concerning an election, a candidate for election, or a ballot proposition. 4222. PLACEMENT OF POLITICAL SIGNS IN THE PUBLIC RIGHT OF WAY Political signage may be placed in the public right -of -way in accordance with the following restrictions: (a) When curb /gutter and sidewalk is present: Political signs are allowed in an area which is a minimum of 24" (two feet) behind the back of sidewalk; (b) When curb and gutter (but no sidewalk) is present: Political signs are allowed in an area which is a minimum of 72" (six feet) behind the back of the curb; (c) When neither curb /gutter nor sidewalk is present: Political signs are allowed in an area which is a minimum of 72" (six feet) behind the edge of pavement; (d) On those streets with a parkway, political signs are not allowed in the parkway area. Political signage is allowed in the area a minimum of 24" (two feet) behind the back of sidewalk. (e) No part of the sign, including both the post and sign face, shall encroach into the areas designated above. 422. PLACFMFNT OF POLITICAI SIGNS ON PRIVATF PROPFRTY The regulations provided in this Part shall apply only to areas within the public right -of -way. Political signs placed solely upon private property shall not be subject to this Part. 4224. DECLARATION OF NUISANCF /SPFCIAL ABATEMENT PROCFDURFS Signs not in compliance with Section 4222 hereof are hereby designated and constitute a public nuisance within this City and shall be subject to abatement and lien as provided in Section 38771 et. Seq. of the California Government Code. The following "Special Abatement Procedures" shall apply: (a) Political signs not posing an immediate threat to health, safety, and welfare, placed in violation of Section 4222 shall be subject to removal by the City. Prior to removal, the City Manager shall cause a "Notice of Violation and Pending Removal" to be delivered to the last known address of the candidate, party, and /or proponent/opponent responsible for placing the sign. Said Notice shall be delivered by the Unites States Postal Service or other recognized overnight courier service and shall be deemed delivered at 5:00 PM on the third day following deposit thereof in the United States Postal Service (or 5:00 PM on the day following deposit with the courier service). The Notice shall inform the recipient of the location(s) of signs in violation of this Part, the time after which the signs may be removed by the City, and the storage period and storage area provided for in Section 4224(d) should the signs be removed. Failure of the recipient to remove the signs prior to the time stated in the Notice shall subject the signs to removal by the City. (b) A political sign which is deemed by the City Manager to pose an immediate threat to health, safety, and welfare shall be subject to immediate removal by the City. (c) Political signs shall be removed from the public right -of -way within 15 days of the conclusion 1 1 1 1 1 1 of an election. Signs remaining after the 15 day period shall be subject to the Notice and removal provisions of this Section. (d) Political signs removed by the City shall be stored at the City for a period of 15 days following the date of removal. Upon expiration of the storage period, the City may dispose of the political signs without compensation to the owner of the political signs. 4225. HAND -BILL. SIGNS — PUBLIC PLACES AND OBJECTS (a) No person shall paint, mark, or write on or post or otherwise affix any hand -bill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenance thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, street sign or traffic sign, or traffic signal facilities. (b) Any hand -bill or sign found posted or otherwise affixed upon any public property contrary to the provisions of this section may be removed by the City Manager or his designate. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the City Manager is authorized to effect the collection of said costs. (c) Nothing in this Section shall apply to the installation of a metal plaque or plate or individual letters or figures in a sidewalk commemorating a historical, cultural, or artistic event, location or personality for which the City Manager has granted a written permit in accordance with the appropriate Section of this Code. (d) Nothing in this Section shall apply to the painting of house numbers upon curbs done under permits issued by the City Manager under and in accordance with the provisions of this Code. SECTION 2. The City Clerk shall certify to the adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Weekly, a newspaper of general circulation, printed, published and circulated in the City of Temple City. PASSED, APPROVED AND ADOPTED this 15th day of October, 2002. l°7// MAYOR ATTEST: Clerk City Clerk I do hereby certify that the foregoing ordinance, being Ordinance No. 02 -875, was introduced at a regular meeting of the City Council of the City of Temple City held on the 1st day of October, 2002, and was duly passed, approved, and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk, at a regular meeting of said City Council held on the 15th day of October, 2002, by the following vote: AYES: Councilman - Souder, Wilson, Zovak, Vizcarra, Gillanders NOES: Councilman -None ABSENT: Councilman -None ABSTAIN: Councilman -None %lvts,/ City Clerk 1 1 1