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Home My WebLink AboutRPT 2 SIGN CODE AMDS 01-21-85 REPORTS NO. 2 DATE: ,January 21, 1985 FF, OH: sUBJECT: HONORABLE HAYOR AND CTTY COUNCI'L COI~4UNTTY DEYELOPI,[NT DEPARTT4ENT CONSIDERATION OF S/'GN COOE AHENDFtENTS REGARDZNG THE REGULATION OF POLZTICAL SZGNS DISCUSSION: Immediately following the last municipal election, the City Council directed · taff and the attorney's office to investigate the City's authority to regulate placement and size of political signs which may be posted in the City. After considerable investigation of this subject, attached is a proposed ordinance for Council consideration. The ordinance addresses Council's primary concerns by providing specific time frames in which signs may be posted, must be removed, penalties for not removing signs and maximum size restrictions. In particular, the attached ordinance proposes the following changes: 1) Adds to the sign ordinance a definition concerning political signs; 2) Zncreases from $50 to $100 the necessary bond from each candidate who wishes to post political signs;' 3) Adds a stipulation that political signs may not be posted earlier than 30 days prior to an election; 4) Specifically prohibits placing signs on all public property which includes parks and landscape medians, etc., where the previous ordinance only prohibited signs on public telephone poles, traffic sign posts, traffic signals, etc.; ~) Where the present ordinance restricts the sign area in residential zones to six square feet, there was no maximum in non-residential zones. The proposed ordinance would limit non-residential zone signs to 32 square feet in area which is essentially a 4' x 8' plywood board sign; and 6) A penalty provision is proposed for those who intentionally deface, tear down or otherwise destroy political signs. While the Council may desire to be more restrictive than the proposed ordinance outlines, the City Attorney's research reveals that excessive regulation would conflict with first amendment rights. City Council Report Political signs page two Should the Council wish to consider adoption of the proposed ordinance, the subject must first be referred to your Planning Commission for their recommendation. That the City Council direct staff to initiate proceedings and direct the Planning Commission to conduct a public hearing for consideration of the proposed political sign ordinance. DONALD D. LAMM, ~ Director of Community Development DDL:do attachments: Draft political sign ordinance Municipal Code Section 9483, political signs Community Development Department 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF ORDINANCE NO. 684, ARTICLE III, SECTION 1 AND ARTICLE VIII, SECTION 4, THEREBY AMENDING SECTIONS 9430 AND 9483 OF THE TUSTIN MUNICIPAL CODE, REGARDING THE REGULATION OF POLITICAL SIGNS NOW, THEREFORE, the City Council of the City of Tustin, california, does ordain as follows: $ection 1: Section 9430 of the Tustin Municipal Code, is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Political Sign' means any sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a public election or referendum, or pertaining to the advocating by persons, groups or parties of the political views or policies." ~ ~: Section 9483(1) of the Tustin Municipal Code, is amended as follows: "(1) Any person, party or group posting political signs in the City having to do with any issue, ballot measure, ballot proposition, candidate or group of candidates in any district, municipality, community, state or federal election, shall first post a bond or cash deposit in the amount of $100 with the City of Tustin." Section ~: Section 9483(2) of the Tustin Municipal Code, is amended as follows: "(2) Ail political signs shall be placed no earlier than 30 days prior to the election and shall be removed not later than 48 hours following the date of the election. In the event all signs are not removed within the specified time period, or are posted prior to the specified time period, the bond or cash deposit shall be forfeited in its entirety, and the City shall have the right to remove and dispose of same. Any person, party or group posting political signs in violation of this Chapter shall be charged pursuant to the General Penalty provisions of this Code." Section ~: Section 9483(3) of the Tustin Municipal Code, is amended as follows: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 "Compliance with Section 9444(c) of this Chapter which prohibits the fixing of any sign on any public property, including any tree, traffic sign, traffic signal post, or any other official traffic sign or traffic control device or within any public right- of-way." Section ~: Section 9483(6) of the Tustin Municipal Code, is amended as follows: "(6) Political signs in other ~han residential districts shall be limited to a maximum aggregate sign area of 32 square feet." Section i: section 9483(7) of the Tustin Municipal Code, is amended as follows: "(7) Any person who intentionally defaces, obliterates, tears down, or destroys any political sign shall be charged pursuant to the General Penalty provisions of this Code." PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of , 1984. ATTEST: Mayor City Clerk JGR:SA:pj:D:10/31/84(14.) TU_~STIN CITY COOE SIGN CONTROLS 9482b(1) (1) Tem~orar~ Business Identification or Directional Signs - necessitated bY action of the City in the acquisition of right-of-way, street improvements and public works projects. . (2) Public Service Facility Signs - placed on private property or on public right-of-way with ~he approval .of the City Engineer. (3) O. ff-Pre~se Directional Signs - by public service facilities with a permit of the City Engineer in accordance with the Uniform Traffic Control Devices Manual. (4) On Prendse Directional Signs - not exceeding six (6) sq. ft. per face nor 4 ft. in height, l~ted to one sign per street entranceway or structural entrance. Illuminated signs shall require an electrical permit and fee. (Ord. No. 684, Art. VIII, Sec. 3) ' 9483 POLITICAL SIGNS Political signs having to do with any issue, candidate or group of candidates ~n any district,municipal, county, state or federal election shall be permitted subject to the following, (1) Any person, party or group posting political signs shall first post a bond or cash deposit in the amount of fifty dollars ($50) with the City of Tustin. (2) All such signs shall be re~o_ved not later than forty-eight hours fol- lowing the date of the election. In the event all signs are not r~-~ved within the specified time period, the bond shall be forfeited in its entirety, and the City shall have the right to remove md dispose of same. ($) Compliance with Section 9444c of this Chapter which prohibits the affixing of any sign on-any tree, traffic sign Post, traffic signal post, or any Other official traffic sign or traffic control device. (4) The pezmission of the property owner for signs on Private property. (5) Signs in residential d/stricts shall be l~_m~ted to 6 sq. ft. per canal/date or issue with nuax~mum aggregate sign area of 18 sq.. ft. (Ord. No. 684, Art. VIII, Sec. 4)