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HomeMy WebLinkAboutORD 152 (1961)730 ORDINANCE NO. 152 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, REGULATING ADVERTISING DISPLAYS ADJACENT TO LANDSCAPED FREEWAYS. The City Council of the City of Tustin does ordain as follows: Section 1. Definitions. As used in this article, certain terms are definited as follows: (a) "ADVERTISING STRUCTURE" Refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, print- ing, painting, or other advertisement of any kind whatsoever may be placed, including statuary. (b) "SIGN~ Refers to any card, cloth, metal, painting or wooden sign of any character, placed for outdoor advertising purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or privately owned, other than an advertising structure. (c) Neither "advertising structure" nor "sign" as used in this article includes: Official notices issued by a court or public body or officer: Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice; Directional, warning or information signs or structures required or authorized by law or by federal, state or municipal authority. (d) "ADVERTISING DISPLAY". Refers to advertising structures and to signs. (e) "FREEWAY". The term "freeway" shall be deemed to mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California. (f) "TO PLACE". The verb "to place" and any of its variants as applied to advertising displays includes the - maintaining and the erecting, constructing, posting, paint- ing, printing, tacking, nailing, glueing,~stitching, carving, ~ or otherwise fastening, affixing, or making visible, any advertising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure or thing. (g) "LANDSCAPED FREEWAY". The term "Landscaped Freeway"-shall be deemed to mean a section or sections of a freeway which is how, or hereafter may be, improved by the planting on at least. one side of the freeway right of · way, lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable_maintenance. '-~ ~ .Planting for the purpose of soil erosion control, I~ traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway. Section 2. Advertising Displays A~jacent to Land- scaped Freeways. No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined h~rein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a freeway. Section ]. Exempt Advertising ~isplays. The provisions of Section 2 of this ordinance shall not apply to any of the following listed advertising structures or signs used exclu- sively: (a) To advertise the sale or lease of the property on which said advertising display is placed; (b) To designate the name of the owner or occupant of the premises upon which said advertising display is placed or to identy such premises; (c) To advertise the business .conducted or goods manu factured or produced, or services rendered upon-the property upon which said advertising display is placed, Section 4. Removal of Prohibited Displays. Any ad- vertising structure or sign which is now, or hereafter may be, in violation of the provisions of Section 2, shall be removed withis three (3) years from the effective date of this Ordinance, or with'in three (3) years from the date when the project for the landscaping of a section or sections of a freeway sha~l have been completed or accepted, and the character of said sectgon or sections shall have been changed from a freeway to a landscaped freeway, whichever is later. Section i. SeverabilitI. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional, by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED at a regular meeting of theCity Council of the City of Tustin held on the 15th day of May,1961. MAYOR ATTEST: EI:~K STATE OF CALIFORNIA ) COUNTY OF O~ANGE, ) CITY OF TUSTIN, ) SS. RUTH C. ~OE', City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at the regular meeting of the City Council held on the 1st day of May, 1961, and was given its second reading and duly passed and adopted at a regular meeting held on the l~th day of May, 1961, by the following vote: AYES: COUNCILMEN: Kidd, Humeston, Byrd, Mack, Sheridan NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None City of Tustin, California