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Home My WebLink AboutORD 1153 (1995) 1 ORDINANCE NO. 1153 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING AND ADDING SIGN REGULATIONS FOR NON- 3 COMMERCIAL SIGNS INCLUDING THE TIMELY REMOVAL OF POLITICAL SIGNS IN.THE CITY OF TUSTIN. ~ I. The City Council of the City of Tustin finds and determines as 5 follows 6 A. That reasonable time place and manner regulations are required for political and non-commercial signs in order 7 to prevent blight, a decline in property values, and preserve Tustin as an aesthetically pleasing community. 8 B. This Ordinance aims to protect free expression as 9 guaranteed to individuals by the First Amendment, while imposing reasonable regulations to protect the welfare of 10 the community as a whole. 11 C. It has been determined that there is a need to impose regulations to require the reasonable removal of 12 political campaign signs following· an election, to establish standards for non-commercial signs. 13 D. The amendments .would not have an adverse affect on the 14 public health, safety and welfare on residents or businesses of the City. 15 E. The amendments would be consistent with the General Plan 16 in that they would not negatively impact the orderly growth and development of the City. 17 NOW, THEREFORE, the City Council of the City of Tustin DOES HEREBY 18 ORDAIN as follows: 19 section 1. Article 9, Chapter 2, Part A of the Tustin City Code is hereby amended as follows: 20 A. Section 9403d(13) of the Tustin City Code is hereby 21 amended to read as follows: 22 13. Noncommercial signs shall be permitted on private property and public parkways, subject to the following 23 provisions: 24 (a) No person shall install or maintain or cause to be installed or maintained any sign which simulates or 25 imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the 26 words "Stop" "Look", "Danger" or any other words , , phrases, sym ols, or characters in such a manner as 27 to interfere with, mislead or confuse traffic. 28 Ordinance No. 1153 Page 2 1 2 3 " (b) No person shall affix a smgn, on any public 4 property or right-of-way including a street, median, island, or sidewalk, except in public 5 parkways as permitted by Section 9403d13.(j). Nor shall any person affix a sign on any traffic 6 signal, utility pole, traffic control device, or tree. 7 (c) It shall be unlawful for any person to exhibit, 8 post or display, or cause to be exhibited, posted, or displayed upon any sign, anything of any obscene 9 nature. 10 (d) Signs consisting of any moving', illuminated, swinging, rotating, flashing, blinking, fluctuating 11 or otherwise animated light are prohibited. 12 (e) Written permission of the property owner is required for signs placed on private property. 13 (f) Signs on private property shall be limited to a 14 maximum of thirty-two (32) square feet in size, and ten (10) feet in height above grade. 15 (g) A political sign, which is a sign having to do with 16 any issue, candidate or group of candidates in any district, municipal, county, state or federal 17 election, shall not be erected more than ninety (90) days prior to the election to which the sign 18 pertains and shall be removed on or before ten (10) days after the election to which the sign pertains. 19 (h) Signs on private property in violation of this 20 Section 9403d13. shall be removed by City in accordance with Section 9405h of this Code. Except 21 that such signs may be summarily removed by the City without compliance with Section 9405h whenever 22 the Director of Public Works or their assigned designees determine that such removal is necessary 23 for the immediate protection and preservation of the public health, safety and/or welfare. Signs 24 removed for these reasons shall be stored by the City for a period of up ~o thirty (30) days and may 25 be reclaimed by the owner after the payment of all removal and storage costs. Notice of removal of 26 such signs from private property and of the right to reclaim the signage shall be provided tO the 27 occupant upon removal or shortly thereafter. 28 Ordinance No. 1153 Page 3 1 2 3 (i) Any person who intentionally defaces, obliterates, 4 tears down, or destroys a political sign installed in accordance with the provisions of this Code 5 shall be subject to being charged with an infraction pursuant to Section 1122 of this Code. 6 (j) Noncommercial signs in the public parkway, which is~ 7 the area between the curb line and the private property line, are subject to the following 8 additional restrictions and conditions: 9 (1) No more than three (3) noncommercial signs shall be permitted in the parkway abutting any 10 one (1) parcel of property. 11 (2) Signs shall be limited to a maximum of six (6) square feet in size and four (4) feet in 12 height above grade. 13 (3) Signs shall not be installed or maintained in any manner so as to impede vehicles or 14 permitted parking adjacent to curb, pedestrian walkways, hinder disabled access, or 15 constitute a hazard to or endanger persons using the sidewalks. 16 (4) No sign shall be affixed to any traffic 17 signal, utility pole, traffic control device, tree, or upon any other natural or man-made 18 structure located within the parkway. 19 (5) Signs shall not be located in any area which the City Engineer, lacting pursuant to 20 generally accepted engineering standards, determines that such sign would constitute a 21 safety or traffic hazard. 22 (6) Signs in violation of this Section 9403d13(j) and political signs in the public parkway in 23 violation of Section 9403d13(g) shall be subject to removal by City in accordance with 24 Section 9405g of this Code. 25 (7) Any person, party or group posting such signs shall be liable to the City of Tustin, private 26 property owners and the general public for any injury to persons or property resulting from 27 the placement and maintenance of this Code. 28 Ordinance No. 1153 Page 4 1 2 3 B. Section 9403d(8) of the Tustin City Code is hereby 4 amended to read as follows: 5 8. Advertising, incidental, and/or nonCommercial signs mounted, painted, attached to, or placed upon windows and 6 intended to be viewed from the exterior, unless prohibited in an approved master sign plan, provided that 7 the aggregate area of such.signs do not constitute more than twenty-five (25) percent of the window area upon 8 which they are placed. The placement of political signs shall comply with Section 9403d13(g). 9 C. Section 9402 of the Tustin City Code is hereby amended to 10 read as follows: 11 "Ornamental Sign" means a sign that includes decorative design details fabricated out of 12 wrought iron, wood or similar product with the intent of making the sign more compatible with 13 the. residential property on which it is located. 14 II. 'The City Council hereby amends and adds sign regulations for 15 non-commercial signs including the timely removal of political signs in the City of Tustin. 16 17 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 17 day of July, 1995. 18 19 22 ~..~, . ~ 23 ~ ~ R~WYNN 24 Clerk 2~ 26 27 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1153 Mary E. Wynn, 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 No. 1153 was introduced at a regular meeting of the City Council held on July 3, 1995 and was passed and adopted at a regular meeting of the City Council held on Julyl7, 1995 by the following vote: COUNCILMEMBER AYES: Potts, Worley, Doyle, Saltarelli COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER'ABSENT: Thomas Valerie Crabill, Chief Deputy City Clerk -for Mary E. Wynn, City Clerk