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HomeMy WebLinkAboutOrdinances_2520_CCv0001.pdf ORDINANCE NO. 2520s AN ORDINANCE I1 A.l CE CSF THE. CITY OF REDLANDS ADDINGCHAPTER, 12.55 TO THE RE. LANDS MUNICIPAL CODE ESTABLISHING POLICIES FOR THE PLACEMENT OF SIGNS ON PUBLIC PROPERTY THE CITY COUNCIL CIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12.55 is Hereby added to the Redlands Municipal Code to read as follows: "12.55 Signs on Public Property Sections: 12,55,010 Proprietary capacity; charges to policy 12,55.020 Intent as to public; forum 12.55.030 Signs must be permitted or exempted 12.55.040 Signs in traditional public forum areas 12.55.050 Public property sign permits; application forms and procedures 12.55.060 Exemptions from permit requirement 12,55.070 Permits for A-frame signs in Redlands'Parking and.Business Improvement Area 12.55.080 Real estate for sale "kiosk" suns in particular locations 12.55.090 Signage associated with use of public property for special events 12.55.100 Use of public property for banners 12.55.110 Freeway visible commercial signs on City Armory property 12.55.010, Proprietary Capacity: In adopting this Chapter,the City Council acts in its propri etary capacity as to public property within the City. 12.55,020. Intent as to Public Forum: The City declares its intent that all City-owned property in the Ci ty('"Public Property" shall not function as a designated public forum unless some specific portion of public property is designated herein as apublic forum ofone particular type. In such case,the declaration as to public foruru type shall apply strictly, and only to the specified area and the specified time period, if any. 12:55.020, Signs must be Permitted or Exempted, A. No "sign," as defined in this Code,may be displayed on Public Property unless a Public Property Sign Permit therefor has first been issued,or the sign is expressly exempted from the Public Property Sign Permit requirement by this Chapter, q�nvor?,2nI R All Public Property Sign Permits shall be consistent with this Chapter. Any sign posted on Public Property contrary to the provisions of this Chapter may be summarily removed as a trespass and a nuisance by the City. 121. 040. Temporary political, religious, labor protest and other noncommercial signs in traditional public for areas, A. In areas qualifying as traditional public forums,such as streets,parks and sidewalks, persons may display noncon-unercial message signs thereon without first obtaining a Public Property Sign Permit, provided that the sign display on public property conforms to all of the following- I. Signs must be personally held by a person, or personally attended by one or more persons. "Personally attended"means that a person is physically present within five feet of the- sign at all tithes. 2. Signs may be displayed only during the time period of sunrise to sunset. 3, The maximum aggregate size of all signs held by a single person is 10 square feet. 4The maximum size of any one sign which is personally attended by one or more persons is 50 square feet. 5, Displayed signs may not be inflatable or air-activated. 6. To protect the City's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by, 12.55.050Public Property Sign,Permits; Application Forms and Procedures. A. The Community Development Director shall prepare and make available to the public a fonn of application for a Public. Property Sign Permit which shall, when fully approved by the Community Development Director,constitute a Public Property Sign Permit("Permit")and indicate the City's consent, in its proprietary capacity, for placement of a sign. The applicant for the permit must be the same person or entity who is to be the owner of the sign. The processing fee for each application,which shall not be refundable even if the application is denied, shallbe the same as the fee for a private,sign permit tinder this Code or as established by resolution of the City Council. The application form shall require the applicant to indicate that he or she has read this Chapter and that the applicant shall abide by its terms,as well as any special tem-ts or conditions which may be stated on the permit., and to abide by any new or different conditions which may be imposed on all permittees who are similarly situated. djIIf,f)r,LI520 2 B may,Public Property Sign Permit issued in error may be summarily revoked by any officer of the City by simply informing the applicant of the nature of the error in issuance.. Any applicant wwhose perrint is revoked as issued in errormay,at any time thereafter,submit a new permit application which cures any deficiencies in the original application. The application fee shall apply separately to each new application. applications which fully'comply with the terms and conditions of this Chapter shall be duly issued. Applications which are denied, or permits which are revoked; or suspended,may be appealed in the same manner as denials of sign permits,as described in of this Code. C. Notwithstanding any ether provision of this Chapter, an application for a Public Property Sign Permit for a sign on City armory property pursuant to Section 12.55.110 shall be approved by the City Council. 1155.060Exemptions from Permit Requirement. The following signs are exempted from the permit;requirement of this Chapter: traffic control and traffic directional signs erected by the City or another governmental unit;official notices required by law; signs placed by the City in furtherance of its governmental functions; and signs allowable under Section 12, 5.040 of this Chapter. 1155-070. Permits for -Frame Sights in Redlands'Larking and Business Improvement Area. A. The areas and times controlled by this section are designated to constitute a limited access,public forum which is strictly limited and open only to those persons described in this section and on the terms stated in this section. B. ""A Frame" signs may be placed in particular portions of the public right-of-way, within Redlands'Parking and Business Improvement Area; namely; on the public sideway directly in front of the share or other establishment displaying the sign. Such signs may have no more than two display faces,every display face shall be a flat, smooth surface, and remain completely free of dangerous protrusions such as tacks,nails or wires;however,cutouts of any shape are allowed. Sign faces shall be back to back.. No banners,ribbons,streamers,balloons or attachments ofany kind may be affixed to the sista. Signs may not use any moving parts or include a display face which is hinged, or which, otherwise swings or hangs from the "A-Frame." No glass, breakable materials o illumination is allowed. Signs shall be physically stable and balanced flat on the sidewalk,and must be self-supporting,stable and weighted,or constructed to withstand overturning by wind or contact C. "A-Frame"signs may be placed in the permitted space on the public right-of-way only when the retail establishment is actually open for business_ The sign must be placed on the public sidewalk,directly in front of the business which owns the sign D. Each display face shall have a maximum area of six square feet,and shall not exceed din rkW251.0 three feet in height or two feet in width. Changeable text area of the sign shall not exceed 30%of the display face. No such sign may have special illumination and the display portion may have no parts which move, flash,blink or fluoresce. Fluorescent or "day glow" colors are not allowed. No paper or non-rigid changeable text areas are allowed. E. "A-Frame" signs shall not be permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or other plants, or any merchandise or products displayed outside buildings. At no time shall a sign be placed in the street or in any position which impedes the smooth and safe flow of vehicular and pedestrian traffic,or which interferes with driver or pedestrian site lines or comer clear zone requirements as specified by the City. No sign shall be placed in such a manner as to obstruct access to,or along,a public sidewalk,public street,driveway, parking space, fire door, fire escape or handicapped person access. A clear area of at least six feet in width shall be maintained for pedestrian use over the entire length of the sidewalk in front of the business, and no sign shall be placed within eight feet of a permanent pedestrian seating structure or area, or placed within a City parkway, F. Signs shall not obscure or interfere with the effectiveness of any official notice or public safety device. Signs shall not simulate in color or design a traffic sign or signal,or make use of words, symbols or characters in such a manner as may confuse pedestrians or drivers. G. Every sign and all parts thereof shall be kept in good repair. The display surface shall be kept clean,neatly painted and free from dust,rust and corrosion. Any cracked,broken surfaces, missing sign copy or other unmaintained or damaged portion of a sign shall be repaired or replaced or removed within twenty days following notice by the City. H. The"A-Frame" signs allowed by this section may be displayed only by the operators of commercial establishments with ground floor frontage on streets within the City's Parking and Business Improvement Area who hold a currently valid City business license,who are not currently in violation of,or nonconformance with,any of the zoning,land use,environmental or business laws of the City and who do not have a freestanding sign- 1. The permit attaches to the business at the location specified. If the business is sold or transferred, and remains at the same location,then the permit shall automatically transfer to the new owner or transferee, who shall be bound to the terms and conditions of the original permit. However, if the business which first obtained the permit moves to a different location, or if the location is then taken by a new business, a new application and permit shall be required. J. A permit is nominally issued for one year,but may be revoked or canceled at will by the City. Any permit may be revoked for noncompliance, aO calendar days after notice of noncompliance remains uncured, or in the case of a noncompliance condition which constitutes a threat to the public health,safety or welfare. When apermit is revoked,the owner of the sign must physically remove it from the public right-of-way within 24 hours of notice of revocation. Upon failure to do so, the City may summarily remove the sign and,hold it in storage for a maximum of dJnf,Ord2i2G 4 thirty days,during which time the owner may reclaim the sign upon payment of costs of removal and storage. There is no guarantee that the City will continue the policy stated herein. Permittees hold no expectation of renewal of anygivenpermit,acquire no vested fight to continue displaying the sign on Public Property, and waive all claims of uncompensated taking of private property as to the penrutted sign when they submit the original application. Each permittee must apply for permit renewal within 60 days before the annual date of original issuance. Renewal may be sought on a form prepared by the City for that purpose, or by simply presenting the permit to the City and requesting renewal. The City has no duty to remind or notify any permittee of the need to renew. Failure to timely seek renewal means that a new application must be submitted, with the new application fee. At the City's option,any given permit maybe renewed by a stamp,sticker or official notation on the original permit, or by an entirely new pe it; or by a letter indicating renewal. K. The City may give notice, by any reasonable means, that consent to display an "A- Frame" is or shall be withdrawn temporarily so as to serve a more urgent or more important public need, such as, without limitation, dealing with a natural disaster, a traffic emergency, a temporary need to make more space available on the public right-of-way, a civil disturbance, a parade, an election or other special event. In urgent situations,the City may summarily remove a permitted sign without notice, or a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily removal the permitted signs, and to return them to display only in accordance with the City's directions. L. A permit Linder this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage,in a form satisfactoryto the Finance Director, which shall name the City as an additional insured and provide thirty day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars and coverage shall apply to claims of personal injury including death, property damage and advertising injury, Application for a permit shall co'nstitute an agreement to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability. M. The City may,at any time and for any reason,cancel or modify this program allowing "A-Fra e" signs in the public right-of-way in the City's Parking and Business Improvement Area. 12,55.080. Real Estate for Sale "Kiosk" signs in particular locations. A. Intent as to Public Forurn. The City's intent as to this section is to designate a strictly limited non-public forum,which allows only,the posting,in places deemed convenient by the City, of directional infonnation regarding tract housing developments which are currently selling homes located within the City. & Kiosk signs are permanent freestanding structures, not exceeding ten square feet in dinf,()Td2?52 0 5 area, which contain modular information, strips providing information about tract housing developments which are currently selling new homes located within the City. Such signs may display only the following information: the name of the development, developer and/or marketer thereof, and the direction and distance to the development from the sign. C. The City may enter into a contract with;a private contractor to design, erect,modify, replace, maintain and manage the kiosk signs allowed by this section. D. In the event the City selects a contractor to manage the kiosks, the City may require the contractor to provide evidence of comprehensive general liability insurance coverage,in a form satisfactory to the City, which shall name the City as an additional insured and provide thirty day notice to the City of modification or cancellation. The minimum liability coverage on such policy shall be one million dollars. Any management contract shall include a provision for the contractor to hold harmless, defend and indemnify the City against all claims relating to property damage or personal inj height;provided, however,the actual height of any sign shall be determined by a"balloon" or"flag" test and such height may exceed ninety feet if necessary to provide reasonable visibility from the freeway. Signs shall not exceed an area of 600 square feet. The structure of a sign shall not endanger the health and safety by causing distractions to operators of motor vehicles. C. A permit under this section will be issued only to an -applicant doing automobile business within the City and who provides evidence of comprehensive general liability insurance coverage, in a form satisfactory to the Finance Director, which shall name the City as an additional insured and provide thirty day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars and coverage shall apply to claims of personal injury including death, property damage and advertising injury. Application for a permit shall be made to the City Council and shall constitute an agreement to hold harmless, defend and indemnify the City against all claims relating to property damage or personal injury, including death, which assert that the permitted sign played any legally significant role in the creation of the liability." z1- Section 2. It is the intent of the City Council that the provisions of this ordinance shall control and take precedence over any prior adopted ordinances of the City Council concerning the zn� subject matter of this ordinance. Section 3. The City Council finds and determines that adoption of this ordinance will not have any significant effect upon the environment and is exempt from further review pursuant to the California Environmental Quality Act. Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once in the Redlands Daily Facts,a newspaper of general circulation printed and published in the City;and thereafter,this ordinance shall take effect in accordance with law. Mayor of the Citi of Redlands ATTEST: City Cferk A(' I L- — 4iniOrd2520 7 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance I Z� was duly adopted by the City Coun&il at a regular meeting thereof held on the l7th day of December, 2002, by the following vote: AYE&. Councilmernbers Peppler, Gilbreath, George, Harms n; Mayor HaNk's NOES: None ABSENT: on ABSTAIN: on Lonie'Poyzer- qbpj`1k City of Redlands CERTIFICATION 1.Lorrie Poyzer.City Clerk of the City of Redlands,California,do hereby certify that this is a true and correct copy of Ordinance NoliEs-a which has been published in the local newspaper pursuant to taw. ------ City Clark City of Redlands,California 8