Commerce Municipal Code Ch. 9.40 Political Campaign Signs

Unless it appears from the context that a different meaning is intended, the following words shall have the meanings given them in this section:

(1) "City" means the City of Commerce.

(2) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

(3) "Political campaign sign" means any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not mean or include any billboard owned or maintained by a commercial firm or advertising company.

(4) "Sign" means any bill, poster, placard, handbill, flyer, painting, sign or other similar object in any form whatsoever which contains printed or written matter in words, symbols or pictures, or in any combination thereof.

(Ord. 416 §1(part), 1988).

The city council makes the following findings regarding the subject of political campaign signs:

(1) Individuals who are political candidates are possessed with important rights, which include the right to vote, to run for public office, to travel, and to address their appeals to the voters;

(2) The public is possessed with the important right of safe and unobstructed travel over the public rights-of-way;

(3) It is necessary as a matter of public policy that the buildings and grounds of public agencies maintain a strict appearance of neutrality during political campaigns;

(4) The substantial possibility exists of a proliferation of political campaign signs in the city over extended periods of time with the attendant traffic hazards, litter, structural hazards, and loss of meaning of the message conveyed by said signs, in the absence of any regulation of such signs;

(5) A compelling need therefore exists for a reasonable system of regulation of political campaign signs in order to protect the rights and advance the concerns stated hereinabove.

(Ord. 416 §1(part), 1988).

It is unlawful for any person to post, place, or affix a political campaign sign:

(1) On any building owned, operated, or leased by a public agency;

(2) On or within the confines of any public park, recreation area, or other type of landscaped or non-landscaped grounds or medians or developed or undeveloped real property owned or operated by the city or other governmental agency, or upon any flagpole or tree owned by a public agency;

(3) On any traffic control sign or device, such as stoplights and their standards, stop signs, yield signs, street name signs, one-way street signs, or any other type of sign or device which directs traffic, or on the supporting post of such sign;

(4) Which in any way blocks the view of a traffic control sign or device by motorists or pedestrians in such a manner as to create a hazard;

(5) Which in any way poses a hazard to motorists, pedestrians or cyclists using the public right-of-way, such as not being high enough to allow pedestrians or cyclists to pass by unobstructed, or protruding into a street or sidewalk in such a manner as to interfere with the safe passage of the public;

(6) On any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, or wire appurtenance thereof or upon any lighting system, public bridge or drinking fountain located within the public right-of-way.

(Ord. 416 §1(part), 1988).

(Ord. No. 646, § 1, 10-2-2012)

It is unlawful for any person to post a political campaign sign more than ninety days prior to the election for which the sign is posted, or to fail to remove a political campaign sign within ten days after the election for which the sign was posted.

(Ord. 416 §1(part), 1988).

The city clerk or his authorized agents shall remove any political campaign sign found posted within the corporate limits of the city which is in violation of Sections 9.40.030 or 9.40.040.

(Ord. 416 §1(part), 1988).

For the purposes of removing unlawful political signs, the city clerk and his authorized agents are empowered to enter upon the property where the signs are posted, and the city administrator is further authorized to enlist the aid or assistance of any other department of the city and to secure legal process to the end that all such signs shall be expeditiously removed from any property where posted.

(Ord. 416 §1(part), 1988).

When the city clerk or his/her agents find that a political campaign sign has been posted in violation of Section 9.40.030 or 9.40.040, the city clerk or his/her agents shall remove the illegal sign, storing it in a safe location.

(Ord. 416 §1(part), 1988).

(Ord. No. 646, § 2, 10-2-2012)

If the city clerk or his/her agents remove any political signs, he/she shall keep a record of the date of removal and location from which the sign was removed. He/she shall store the political campaign sign in a safe location for at least four business days and shall notify by telephone the candidate, committee, or person responsible for the posting of the sign, indicating the fact of removal and the location where it may be retrieved. If the city clerk is unable to make telephone contact, he/she shall provide written notice, if the address of the candidate, committee or person responsible is known or can reasonably be ascertained. If the signs in his/her possession are not retrieved within four business days after the notice required by this section is given, the signs may be destroyed and disposed of. The candidate, committee or person responsible for the sign may be charged the actual cost for the removal, storage, destruction and/or disposal of the sign.

(Ord. 416 §1(part), 1988).

(Ord. No. 646, § 3, 10-2-2012)

In cases where unusual effort is needed to remove a sign, such as the cutting or removal of supporting structures, use of aerial devices, towing of "trailer signs," or other unusual situations, the city shall collect from the person responsible a sum sufficient to cover the costs of equipment and hourly wages of employees or outside contractors so utilized.

(Ord. 416 § 1 (part), 1988).

In a campaign for political office, the candidate for such office, or the president or chief officer of a non-candidate controlled campaign committee, shall be deemed the person responsible for the posting of political campaign signs, unless he/she first notifies the city clerk of another person who is responsible. In such case, the candidate, president or chief officer shall provide the name, address, telephone number and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president or chief officer of the committee supporting or opposing such ballot measure shall be deemed responsible, unless he/she first notifies the city clerk of some other person responsible, in the manner described herein. The candidate, committee president or chief officer, or other responsible person if so designated, shall be liable to pay any fees or costs for the removal, storage, destruction and/or disposal of illegal signs and any fines imposed as set forth in this chapter. Further, such candidate, committee president or chief officer, or other responsible person may be subject to criminal prosecution for violation of Section 9.40.030 or 9.40.040.

(Ord. 416 § 1(part), 1988).

(Ord. No. 646, § 4, 10-2-2012)

Political campaign signs in violation of Section 9.40.030 or 9.40.040 are declared to be public nuisances and may be abated by the city pursuant to the provisions of Chapter 9.32. The collection of removal fees shall not preclude the city from criminally prosecuting any person violating said sections.

(Ord. 416 § l(part), 1988).

(Ord. No. 646, § 5, 10-2-2012)