Davis Municipal Code Art. 3.01 In General

Note: Prior history: Code 1964 § 7-8.111 as amended by Ords. 344, 1192 and 1196.

A "temporary sign" is any sign, handbill, or poster which is placed to advertise or announce a specific event, or which pertains to a particular event or occurrence, or which is not designed or intended to be placed permanently. Examples of temporary signs include, but are not limited to, signs, handbills or posters relating to garage sales, concerts, swap meets and the like.

(Ord. 1370 § 2; Ord. 2308 § 1, 2008; Ord. 2634 § 3, 2022)

The city council finds as follows:

(a) Aside from this article, temporary signs are not regulated by this chapter, and are therefore not subject to design review or approval as to their size, shape, color, design or placement. The lack of regulation of temporary signs has in the past led to visual clutter within the community and aesthetic blight. In addition, temporary signs located within an automobile driver's line of sight pose traffic safety hazards.

(b) 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.

(c) The regulations and prohibitions specified in this article are necessary to preserve items located within the public right-of-way for their intended purposes, and to prevent the visual clutter, blight, and traffic safety hazards caused by temporary signs therein.

(Ord. 1370 § 2)

No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten or affix, any temporary sign on any sidewalk, crosswalk, curb, street lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public-right-of-way which is not maintained for the purpose of communications by temporary signs by the general public or which is not permitted by this article.

(Ord. 1370 § 2)

Any person or persons for whom or whose benefit any temporary sign is fastened, placed or otherwise affixed or located shall be deemed responsible for noncompliance with Section 3.01.030 of this article and any temporary sign fastened, placed or otherwise affixed or issued in violation of the provisions of Section 3.01.030 is declared to be unlawful and a public nuisance, and the city officers and employees are authorized to abate the same as provided in this article.

(Ord. 1370 § 2)

This article shall not apply to the following:

(a) Public notices. Notices as may be required by law to be posted by a public officer or employee in the performance of a public duty, including, but not limited to, notices of pending land use or zoning applications, street abandonment or notices of proposed assessment district proceedings, as required by this Code, the California Government Code, Streets and Highways Code, or other city, state or federal statutory authority;

(b) Bulletin boards. Notices and temporary signs posted on structures located within the public right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, benches upon which advertisement is authorized, newspaper racks, and billboards as authorized by this Code; and

(c) Temporary signs posted for twenty-four hours or less. Temporary signs not exceeding nine square feet in total area relating to one day events or occurrences such as open houses and garage sales may be posted in the public right-of-way on the day of the event or occurrence provided that such temporary signs shall be removed no later than twenty-four hours after the event.

(Ord. 1370 § 2)

Except as provided in Section 3.01.050(c), temporary signs not prohibited by this article shall be removed within five calendar days after the event to which they relate occurs. Signs remaining after the time limit established by this section are hereby declared to be unlawful and a nuisance, and city officers and employees are authorized to abate the same as provided in this article.

(Ord. 1370 § 2)

Any temporary sign posted or otherwise affixed in violation of this article may be removed by officers of the police, building inspection or public works departments, or by the code enforcement officer. Signs removed by city officers or employees shall be taken to the municipal corporation yard. The officer or employee removing the sign shall immediately attempt to notify the owner of the sign, if such can be ascertained. In cases where a sign contains the name of a printing firm, the officer or employee shall also immediately attempt to notify such firm of the fact of removal, the location of the sign and the procedure for retrieving the sign.

(Ord. 1370 § 2; Ord. 2308 § 2, 2008)

Any person desiring to retrieve a sign removed by the city may do so upon the payment of an administrative fine of two dollars for each sign smaller than nine square feet total, and an administrative fine of ten dollars for each larger sign. If a person wishes to contest the fact that a sign was placed in violation of this article or remained posted in violation of this article prior to paying the fine, he or she may retrieve the sign upon signing a promise to appear upon a citation issued to him or her for violation of this article and shall have the right to an administrative hearing before the public works director. If the director finds that the sign was lawfully posted, the director shall order the sign returned without an administrative penalty. If the director finds that the sign was unlawfully posted, the director shall impose the fine provided in this section.

(Ord. 1370 § 2)