Carpinteria Municipal Code Ch. 12.32 Freeway Sign Control

A. As used in this chapter, certain terms are defined as follows:

1. "Advertising display" refers to advertising structures and to signs.

2. "Advertising structure" refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, including statuary. For exclusions from this definition see subsection (B) of this section.

3. "Sign" refers to any card, cloth, metal, painted wooden sign or any character, placed for outdoor advertising purposes, on or in the ground or any tree, wall, bush, rock, fence, building, structure or thing, either publicly or privately owned, other than an advertising structure. For exclusions from this definition see subsection (B) of this section.

4. "Sign controlled freeway" means a divided arterial highway for through traffic, with full or partial control of access, and which may or may not have grade separations at intersections.

5. "To place" and any of its variants as applied to advertising displays includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, 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.

B. Neither "advertising structure" or "sign" as used in this chapter includes:

1. Official notice issued by a court of public body or officer;

2. Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice;

3. Directional, warning or information signs or structures required or authorized by law.

(Prior code § 4950)

No advertising displays shall be placed or maintained on property adjacent to a sign controlled freeway as defined in this chapter, if the advertising display is designed to be viewed primarily by persons traveling on such freeway.

(Prior code § 4951)

The provisions of Section 12.32.020 shall not apply to any of the following listed advertising structures or signs which are used exclusively:

A. To advertise the offering for sale or for lease of the property on which such advertising display is placed;

B. To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises;

C. To advertise the business conducted or goods manufactured, produced or sold, or services rendered upon the property upon which such advertising display is placed.

(Prior code § 4952)

A. Any advertising display which is now, or hereafter may be, in violation of the provisions of Section 12.32.020 shall be removed within the shortest of the following periods of time:

1. Within three years of the effective date of this chapter; or

2. Within three years of any judgment, decree or court order declaring such advertising display to be illegal, ordered the advertising display to be removed or to be abated or enjoined the placing, maintaining, or use of such advertising display on such property; or

3. Within three years of the effective date of any ordinance, law, rule, or regulation, the effect of which:

a. Declared such advertising display not to be permitted, or

b. Permitted such advertising display only as a nonconforming use, or

c. Permitted such advertising display only pursuant to a special use permit and such special use permit was not issued; or

4. Within three years of the date of any ordinance or law, rule, or regulation of the purported effect of which:

a. Declared said advertising display not to be permitted,

b. Permitted said advertising display only as a nonconforming use, or

c. Permitted such advertising display only pursuant to a special use permit and such special use permit was not issued.

B. In the event any one of the above subdivisions (1) through (4) shall be held to be invalid or unconstitutional, for any reason, by the decision of any court of competent jurisdiction, such decision shall not effect nor invalidate the remaining subdivisions (1) through (4). In the event that any of the paragraphs (a), (b) or (c) of subsections (3) or (4) shall be held to be invalid or unconstitutional, for any reason, by the decision of any court of competent jurisdiction, such decision shall not effect the remaining paragraphs of either or both subdivisions (3) or (4).

(Prior code § 4953)

A. The city manager shall promptly, on the effective date of this chapter, give notice of the chapter to the owners of all advertising displays falling within the scope of Sections 12.32.020 or 12.32.040 and which are required to be removed or which are not permitted to be placed or maintained under such sections. In the event any advertising display owner is not known to the city manager, the city manager shall give such notice to the owner of the real property upon which such advertising display is located, as shown by the last equalized assessment roll of the county of Santa Barbara.

B. In the event that any owner of any advertising display affected by Sections 12.32.020 or 12.32.040 shall contend that any subsection or subdivision or Sections 12.32.020 or 12.32.040 are illegal or unconstitutional as applied to such advertising display or contend that the period of time specified in Section 12.32.040 should be extended to allow him adequate time to fairly amortize that original cost of the advertising display, he shall file within thirty days after the effective date of this chapter a request for hearing before the city council. Such request shall be verified by the owner and shall set forth all facts and all contentions upon which the owner relies, including without limitation:

1. The time which owner contends is necessary to amortize the advertising display;

2. If purchased by the present owner, the date of purchase of the advertising display;

3. The date of construction of such advertising display;

4. The original cost of the construction of the advertising display whether or not the same was constructed by its present owner;

5. If purchased by the present owner, the cost of such purchase;

6. If purchased by the present owner, all facts of such purchase;

7. The gross income for each year that the advertising display has been in existence;

8. All maintenance costs and taxes each year; and

9. The time at which the present owner first obtained any knowledge of any items specified in subdivisions (2), (3) or (4) or Section 12.32.040 as applied to such advertising display. Such hearing shall be commenced within forty days of the date that the request is filed, but it may be continued from time to time. Evidence may be presented by the owner which shall assist the council in determining what additional period of time, if any, to permit the advertising display to remain beyond the time specified in Section 12.32.040 to permit the owner to fairly amortize the structure of the advertising display. At the conclusion of such hearing, the city council shall grant or deny any extension of time beyond the time specified in any part of Section 12.32.040. As a condition of granting such extension, the city council may require the owner of the advertising display to consent in writing to its removal at the end of such extension and to pass a cash bond to cover the full cost of such removal.

(Prior code § 4954)

All advertising displays which are placed or which exist in violation of the provisions of this chapter are public nuisances, and may be removed by any public employee after ten days' written notice posted on the structure or sign and a copy forwarded by mail to the display owner at his last known address.

(Prior code § 4955)

Notwithstanding any other provision of this chapter, the city manager or any authorized employee may summarily and without notice remove and destroy any advertising display placed in violation of this chapter which, because of the materials of which it is constructed, or because of the nature of the copy thereon is temporary in nature.

(Prior code § 4956)

For the purpose of removing or destroying any advertising display placed in violation of the provisions of this chapter the city manager or his authorized agent may enter upon private property without incurring any liability for trespass therefor.

(Prior code § 4957)

It is unlawful for any person, as principal, agent or employee, to violate any of the provisions of this chapter.

(Ord. 378 § 15, 1985: prior code § 4958)

The remedies provided in the chapter for the removal of illegal advertising displays are cumulative and not exclusive of any other remedies provided by law.

(Prior code § 4959)