Chapter 9.2 — PROHIBITION OF POSTING ON PUBLIC PROPERTY

4912. • LEGISLATIVE FINDINGS.

(a)

The City of Arcadia is primarily a residential community with well-maintained property, and a substantial interest in maintaining its appearance and mitigating visual blight and clutter.

(b)

The City encourages the most appropriate use of land to provide adequate open space, lessen congestion, promote appearance, facilitate provision for community facilities, and utilities, to conserve and stabilize the value of property and other related goals to promote the health, safety and general welfare of the community.

(c)

The public property of the City of Arcadia is maintained and utilized for a variety of purposes related to said appearance and the well-being of the community.

(d)

The regularly scheduled temporary nature of election sign placement is incidental to the aforementioned goals of the City and utilization of public property.

(e)

Property and facilities located within the public right-of-way, such as utility poles, benches, hydrants, bridges, sidewalks and similar structures are not by tradition or designation a forum for communication by the general public, and the Council wishes to preserve these structures for their intended purposes, which is the safe, efficient and pleasant movement of vehicular and pedestrian traffic and operation of utility systems.

(f)

The regulations and prohibitions specified in this Section are necessary to preserve the public right-of-way and public property for their intended purposes, and to prevent the visual clutter, blight, and traffic safety hazards caused by temporary signs.

No person shall paint, mark or write on, or post or otherwise affix, any handbill or sign to or upon any public right-of-way and median, parkways, public easements, parks, civic center property, 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, lifesaving equipment, street sign or traffic sign, or upon any other object on public property.

(a)

Exception Regarding Election Signs in Certain Residential Zones. The prohibition set forth in Section 4912.1 shall not apply to temporary election signs in the parkway area of the following residential zones of

the City: R-M, R-O, R-1, R-2, and R-3 subject to the requirements set forth in the following Section 4912.1(b).

(b)

Requirements for Exception to Apply. The above exception shall apply subject to the following requirements:

"Parkway area" is defined as that portion of the public right-of-way located between the face of the curb and the front property line.

The signs shall not protrude, encroach, or in any way extend over the curb or sidewalk area.

The signs must be located in a manner that is safe. They shall not be allowed if it is determined by the City designated Traffic Engineer or Enforcement official that the signs pose traffic safety hazards by sight line impairment, visual distraction, or in any other manner endanger vehicles or pedestrians.

Concerning violations of the above, City Enforcement officials shall provide notice to the responsible parties including the adjacent resident affording them an opportunity to correct the problem. Notice shall be in writing and/or by personal contact in a manner that is reasonably calculated to correct the problem and create compliance within a time frame as designated by the enforcement official.

If compliance is not achieved pursuant to subsection 4 above, the City may remove the signs pursuant to Arcadia Municipal Code Section 4912.2.

Failure to comply with the requirements of Arcadia Municipal Code Sections 4912 and 4912.1 shall constitute a misdemeanor.

(Amended by Ord. 2065 adopted 1-21-97)

Any handbill or sign found posted, or otherwise affixed upon any public property contrary to the provisions of this Section may be removed by the Police Department or the Department of Public Works. The person responsible for any such illegal posting shall be liable for the cost incurred in the removal thereof and the Department of Public Works is authorized to effect the collection of said costs. Any sign, handbill or related item removed by the City may be considered abandoned if it is not retrieved within fifteen (15) calendar days after the date of such removal, and may be disposed of by the City without liability to any person.

Nothing in this Section shall apply to the installation of a metal plaque or plate or individual letters or figures in a sidewalk commemorating an historical, cultural, or artistic event, location or personality for which the City Council has granted approval.

Nothing in this Section shall apply to the painting of house numbers upon curbs done under permits issued by the City.

The prohibition set forth in Section 4912.1 shall not apply to the placement of temporary directional signs in City parkways and medians for events sponsored by nonprofit organizations, subject to the following requirements:

a.

A "directional sign" means a sign that does not exceed three (3) feet in height (above street level) that gives locational direction to pedestrians and vehicles.

b.

"Temporary" means the allowance of such sign on the parkway for no more than two (2) days prior to the scheduled event. All such signs must be removed within twenty-four (24) hours of the event.

c.

Approval of a temporary sign permit shall be by the City Director of Public Works or his designee. Issuance of the permit is subject to reasonable conditions and specifications as determined by the Public Works Director.

d.

No permit shall be issued until a hold-harmless agreement and appropriate insurance are provided naming the City as an additional insured, as approved by the Arcadia City Attorney.

e.

The exception authorized by Section 4912.5 shall apply to one (1) event only for any eligible organization in any calendar year.

(Added by Ord. 1979 adopted 11-3-92)

(a)

The prohibition set forth in Section 4912.1 shall not apply to the placement of a Homeowners' Association Identification Sign by the Homeowners' Association listed in Section 9272.2.3, provided such Homeowners' Association Identification Sign is erected, repaired and maintained in accordance with a valid permit issued in accordance with this Section.

(1)

"Homeowners' Association Identification Sign" shall mean, for purposes of this Section, any structure, sign, figure, statuary, painting, display, or other message placard, that has been designed, constructed, created, intended, and engineered to have a useful life of fifteen (15) years or more, and is intended and used to provide data or information which identifies the name, location or logo of a Homeowners' Association listed in Section 9272.2.3.

(2)

The Development Services Director or his/ her designee shall issue a sign permit to any Homeowners' Association listed in Section 9272.2.3, authorizing such Homeowners' Association to erect a Homeowners' Association Identification Sign within any public right-of-way, as that term is defined in subdivision (f) of Section 7300, upon a showing by the Homeowners' Association that it has complied with the conditions and requirements of subdivision (b) hereof and the regulations contained in Sections 8711.1 to 8717.

(b)

Traffic Safety. The Development Services Director or his/her designee shall determine that the requirements of paragraphs (2) and (3) of subdivision (b) of Section 4912.1 have been met prior to the issuance of any permit for the erection of a Homeowners' Identification Sign.

(2)

Agreement. The Development Services Director or his/her designee shall require any applicant wishing to erect and maintain a Homeowners' Association Sign to enter into a binding agreement between the Homeowners' Association and the City of Arcadia, ensuring, at a minimum, that the Homeowners' Association: pay for the installation, maintenance, and repair of such Homeowners' Association Sign.

(3)

Design Approval. Notwithstanding Section 9295.1, subdivision (B)(1), the Development Services Director shall not grant any sign permit for a Homeowners' Association Identification Sign unless and until the location, size and design of such Homeowners' Association Identification Sign have been the subject of Architectural Design Review in accordance with Division 5 of Part 9 of Chapter 2 of Article IX.

(4)

Applicable Law. The Development Services Director shall not approve any application for a Homeowners' Association Identification Sign if the proposed Homeowners' Association Identification Sign would not be in compliance with any applicable local, state or federal law. (Added by Ord. 2134, adopted 2-20-2001)

(Chapter 9.2 of Article IV added by Ord. 1798 adopted 10-16-84)