Carlsbad Municipal Code Ch. 11.44 Private Party Signs on City Property

A. Purpose. The purpose of this chapter is to identify what types of private party signs are allowed to be displayed on city property, particularly in the public right-of-way, and the specific standards under which they may be displayed. The city's proprietary ownership rules for permitted signage on city property, particularly in the public right-of-way, which are contained in this chapter, supplement the city's sign ordinance (Chapter 21.41 of this code), which deals with permitted signage on private property. The definitions in Chapter 21.41 apply to this chapter.

B. Intent. The city declares its intent that all city property shall not function as a designated public forum, unless some specific portion of city property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any.

(Ord. CS-227, 2013)

The provisions of the chapter shall apply generally to all zones within the city, including the V-B, Village-Barrio Zone. No "sign" as defined in the sign ordinance (Chapter 21.41), may be displayed on city property, unless a city property sign permit has first been issued, or the subject sign is expressly exempted from the city property sign permit requirement by this chapter.

A sign may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated.

(Ord. CS-227, 2013; Ord. CS-333 § 4, 2018)

The City Planner shall prepare and make available to the public a form for application for a city property sign permit (permit), which shall, when fully approved, constitute a 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, shall be the same as the fee for a sign permit under the sign ordinance.

Any city 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 whose permit is revoked as issued in error may, 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, unless the original error was in processing by the city. Applications which fully comply with the terms and conditions of this section 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 the sign ordinance.

(Ord. CS-227, 2013)

This section applies only when the special events chapter of this code (Chapter 8.17) does not. In areas qualifying as traditional public forums, such as the surfaces of city streets, parks and sidewalks, as well as the surfaces of exterior areas immediately around city hall, persons may display noncommercial message signs without first obtaining a city property sign permit, subject to all of the following:

A. Each sign 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 times.

B. The signs may be displayed only during the time period of sunrise to sunset, except on evenings when a public hearing is being held at city hall and on days when the polls are open; on such occasions, the display may continue until one hour after the close of the public hearing or one hour after the close of the polls.

C. The maximum aggregate size of all signs held by a single person is 10 square feet.

D. The maximum size of any one sign which is personally attended by two or more persons is 50 square feet.

E. The displayed signs may not be inflatable, inflated or air-activated.

F. In order to serve 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.

G. This section does not override Elections Code 18370, which prohibits sign display and electioneering within 100 feet of a polling place on election day.

(Ord. CS-227, 2013)

The following signs are exempted from the permit requirement: 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 or proprietary capacity; signs expressing the city's own message to the public and signs allowable under Section 11.44.030 and Section 11.44.100 of this chapter.

(Ord. CS-227, 2013)

A. Intent as to Public Forum. The areas and times controlled by this section are designated to constitute a limited access, nonpublic forum which is strictly limited to commercial messages for adjacent establishments or noncommercial messages, and which is open only to those persons described in this section and on the terms stated in this section.

B. Where A-Frames May Be Placed—Physical Standards.

1. "A-frame" signs, as that term is defined in the sign ordinance, may be placed in particular portions of the public right-of-way, within the V-B, Village-Barrio Zone only, namely, on the public sidewalk directly in front of the store or other establishment displaying the sign.

2. 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 of any kind may be affixed to the sign. The sign may not use any moving parts or include a display face which is hinged, or which otherwise swings or hangs from a frame. Glass, breakable materials, and illumination are prohibited. The signs shall be physically stable and balanced flat on the sidewalk. The sign must be self-supporting, stable and weighted or constructed to withstand overturning by normal wind currents or contact.

3. All such signs may be placed in the permitted space on the public right-of-way only when the establishment is actually open to the public for business. A person employed by or associated with the establishment must be physically present within 50 feet of the sign at all times. The sign must be placed on the public sidewalk within the two feet closest to the curb or edge of the sidewalk, directly in front of the establishment which owns the sign. Noncommercial messages may also be displayed on the sidewalk in the V-B, Village-Barrio Zone, subject to the same rules regarding location, display times and physical standards as commercial signs for adjacent establishments and only on sidewalks within or adjacent to the VC, VG, HOSP, FC, and PT districts of the Village and Barrio Master Plan. Noncommercial signs must also be attended by a person who is within 50 feet of the sign at all times; however, the attendant need not be employed by or associated with an adjacent establishment. Any one person may act as an attendant to only one noncommercial sign at a time.

4. Each display face shall have a maximum area of 15 square feet, and shall not exceed five feet in height or three feet in width. Changeable text area of the sign may not exceed 50% of the display face. No such sign may have special illumination or parts which move, flash, blink, fluoresce or use digital display. Fluorescent or "day glow" colors are not allowed. Paper and other nonrigid changeable text areas are not allowed.

5. The sign shall not be permanently affixed to any object, structure, or the ground, including utility poles, light poles, trees or other plants, or any merchandise of products displayed outside permanent buildings.

6. At no time may the 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 sight lines or corner clear zone requirements as specified by the city. No sign shall be placed in such a manner as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape or access for persons with disabilities. A clear area of at least five feet in width must be maintained for pedestrian use over the entire length of the sidewalk in front of the establishment.

7. 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.

8. 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 15 days following notice by the city.

9. As to commercial signs for adjacent establishments, commercial copy must pertain to the adjacent establishment, and must refer or pertain to goods, activities or services which are actually available in the subject store at the time the sign is displayed.

10. Signs displayed under this section may not be used for general advertising for hire.

C. Who May Display an A-frame Sign in the V-B, Village-Barrio Zone. The commercial A-frame signs allowed by this section may be displayed only by the operators of establishments with ground floor frontage on streets within the Village-Barrio Zone, 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 regulatory laws, rules or policies of the city. Persons acting as the official attendant of noncommercial message signs must be over the age of 18.

Each eligible establishment location is allowed a maximum of one A-frame sign. However, when an establishment is located within a business arcade or courtyard area, in which case only one "tenant directory" sign, which lists all of the establishments within the arcade or courtyard, is allowed. The display area of the permitted A-frame sign shall not count as part of the total signage for the establishment, which is allowed under the Village and Barrio Master Plan.

D. Transfer of Permit. The permit attaches to the establishment at the location specified. If the establishment 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 establishment which first obtained the permit moves to a different location, or if the original location is then taken by a new establishment, a new application and permit shall be required.

E. Term of Consent Indicated by Permit; Revocation and Renewal. The permit is revocable or cancelable at will by the city. However, the city will cancel a permit without cause only when it does so to all permittees who are similarly situated. Any permit may be revoked for noncompliance, 30 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, summarily. When a permit 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 until all costs of removal and storage are paid by the sign owner, upon which condition the sign shall then be returned to its owner. There is no guarantee that the city will continue the provisions stated herein. Permittees hold no expectation of renewal of any given permit, acquire no vested right to continue displaying the sign on city property, and waive all claims of inverse condemnation (uncompensated taking of private property) as to the permitted sign, when they submit the original application.

F. Temporary Removal. 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, for a time sufficient to deal with the urgency. All permittees shall comply with all notices to temporarily remove the permitted signs, and to return them to display only in accordance with the city's directions.

G. Insurance and Indemnity. A permit under this section will be issued only to an applicant who provides evidence of comprehensive general liability insurance coverage, in a form satisfactory to the City Planner and Risk Manager, which shall name the city as an additional insured and provide 30-day notice of cancellation. The minimum liability coverage on such policy shall be one million dollars; such coverage shall apply to claims of personal injury including death, property damage and advertising injury. Application for a permit 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.

H. Cancellation or Modification of Program. The city may, at any time and for any reason, cancel or modify this program allowing commercial A-frame signs in the public right-of-way in the V-B, Village-Barrio Zone.

(Ord. CS-227, 2013; Ord. CS-333 §§ 5—9, 2018)

A. Intent as to Public Forum. The city's intent as to this section is to designate a strictly limited public forum, which allows only the posting in convenient places of directional information regarding tract housing developments which are currently selling homes located within the city.

B. Kiosk Signs for New Tract Housing Developments. Kiosk signs are permanent freestanding structures, not exceeding 10 feet in height, seven feet in width, which contain modular information strips, not exceeding 10 inches in height, six feet in width, providing information about tract housing developments (of more than four units) 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 to the development from the sign.

1. Each kiosk will have "City of Carlsbad" and the city logo displayed in a prominent location on the sign.

2. One kiosk design will be utilized throughout the city. This kiosk design is on file in the planning division. All tract housing development signs mounted on the kiosks shall be the same design and shall be white wood with contrasting reflective lettering. Letters shall be consistent in size, width and thickness of print. Letters shall be all upper case letters not more than six inches in height.

3. Individual tract housing development directional signs must be approved by the City Planner prior to mounting on a kiosk to ensure compliance with this section. In no case shall a sign be mounted on a kiosk before building permits have been issued for the model homes.

4. There shall be no additions, tag signs, streamers, devices, display boards, runners or riders or appurtenances added to the sign as originally approved. Further, no other off-site directional signing may be used such as posters, trailer signs or temporary subdivision directional signs.

5. Any sign placed contrary to the provisions of this section may be removed by the city without prior notice.

6. Each approved tract housing development may have up to a maximum of eight directional signs. Upon approval by the City Planner, directional signs shall be permitted until the homes within the housing development are sold or for a period of one year, whichever comes first. Extensions not exceeding one year may be granted by the City Planner.

7. A tract housing development neighborhood shall not be allowed any directional kiosk signs if there are any other offsite signs advertising the housing development anywhere in the city. If any advertising signs are erected and not promptly removed upon demand by the city, all kiosk signs for that subdivision shall be removed, the lease cancelled and no refund given.

C. Private Contractor for Management of the Kiosks. 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. Such contract must be approved by the City Council, and may require that the contractor pay to the city a rent or royalty on advertising revenues. All the terms of said contract, and all payments to the city hereunder, shall be public information.

D. Insurance Requirement. In the event the city selects a private party contractor to manage the kiosks, the city may require the private party contractor to provide evidence of comprehensive general liability insurance coverage, in a form satisfactory to the City Planner and Risk Manager, which shall name the city as an additional insured, and provide 30 days’ notice to the city of cancellation. The minimum liability coverage on such policy shall be one million dollars. Any private party contract must include a provision for the contractor to hold harmless, defend and indemnify the city against all claims relating to property damage or personal injury, including death, which assert that the kiosk sign played any legally significant role in the creation of the liability.

E. Allowable Locations. The kiosks allowed by this section may be located only as shown on the approved location map on file with the planning division. The City Planner is authorized to approve the relocation of kiosks shown on the approved map to better serve the needs of new development.

(Ord. CS-227, 2013; Ord. CS-262 § I, 2014)

Temporary political and other noncommercial signs are not permitted within the public right-of-way (except as otherwise provided in this chapter), on public property, or upon any public building or other publicly owned facility, including fences, walls, utilities and landscaping.

(Ord. CS-227, 2013; Ord. CS-416 § 2, 2022)

When the city allows a special event pursuant to Chapter 8.17 of this code, the Special Event Committee shall approve the location, number, duration of posting, and content for "Road Closure Notification" and "Traffic Control/Directional" signs as described in the code. The Special Event Committee shall approve the location and duration of posting for special event venue signs as described in this code.

Signs within the venue shall conform to the size requirement and may only be posted during the time authorized in the special event permit and Chapter 8.17 of this code.

(Ord. CS-227, 2013)

Banners may be placed by the city on city property in the public right-of-way for any message, event or program officially sponsored, co-sponsored, or supported, by the city which provides a public benefit, as approved by resolution of the City Council.

(Ord. CS-227, 2013)

A. Intent as to Public Forum. The city's intent as to this section is to designate a strictly limited forum, which allows the city to post way-finding (directional) signs on city property to guide residents and visitors to public buildings or facilities, quasi-public buildings, city neighborhoods, philanthropic organizations, cultural/historical destinations, tourist destinations and points of public interest throughout Carlsbad. Other uses, locations or destinations may be allowed to post way-finding signage if approved by resolution of the City Council.

Way-finding signs are expressly permitted for the following buildings/facilities/uses:

1. Public buildings and facilities: City of Carlsbad, county, state and federal buildings;

2. City facilities: city buildings, uses, parking lots, golf course, parks and trails, etc.;

3. Quasi-public buildings: chamber of commerce, Carlsbad visitors center, train stations;

4. Cultural/historical destinations: museums;

5. Points of public interest: city lagoons, ocean beaches, nature/interpretive centers, the flower fields, the strawberry fields, Legoland, the village area;

6. City entries and neighborhood entries; and

7. Philanthropic organizations: Lions Club, Rotary Club, Kiwanis Club, etc.

B. The following way-finding signs may be allowed if approved by resolution of the City Council:

1. Tourist destinations;

2. Locations or destinations where way-finding signage would be of public benefit; and

3. Way-finding signs designed as archway signs located over major roads within the city.

C. The design and location of the city's way-finding signs shall be as approved by the City Planner, City Engineer, City Traffic Engineer, and Communications Manager.

D. All way-finding signs shall be installed by the city.

(Ord. CS-227, 2013; Ord. CS-262 § II, 2014)

Any sign posted on city property, contrary to the ordinance stated herein, may be summarily removed as a trespass and a nuisance by the city. Any sign, which has been properly removed under this chapter, may be returned to the owner upon payment to the city of the costs of removal. If no timely request is made for hearing or if no demand is made for the return of the sign removed, the Community and Economic Development Director, or designee, is authorized to destroy or dispose of the removed sign not earlier than 30 days after the removal of such sign.

(Ord. CS-227, 2013)

A. It is unlawful for any person to:

1. Install, mount, affix, create, erect, display or maintain any sign in a manner that is inconsistent with this chapter or any permit for such sign;

2. Install, mount, affix, create, erect, display or maintain any sign requiring a permit without such a permit; or

3. Fail to remove any sign which the Community and Economic Development Director or designee has ordered to be removed for being in violation of this chapter.

B. Violations of any provisions of this chapter shall be subject to the enforcement remedies and penalties provided for herein and in Chapter 1.08 of this code. The city may also pursue any civil remedies provided by law, including injunctive relief, as to signs not in conformance with this chapter:

1. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter; and

2. Each sign installed, created, erected or maintained in violation of this chapter shall be considered a separate violation when applying the penalty portions of this chapter.

(Ord. CS-227, 2013)

If any section, subsection, sentence, clause phrase or part of this chapter is for any reason found by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter, which shall be in full force and effect. The City Council hereby declares that it would have adopted this chapter with each section, subsection, sentence, clause, phrase or part thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or parts be declared invalid or unconstitutional.

(Ord. CS-227, 2013)