Duarte Municipal Code Ch. 9.34 Political Campaign Signs

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

(a) "City" means the city of Duarte, a municipal corporation in the state of California.

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

(c) "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.

(d) "Sign" includes 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. 471 § 1 (part), 1979)

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

(a) 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.

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

(c) 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.

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

(e) 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 in this section.

(Ord. 471 § 1 (part), 1979)

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

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

(b) On or within the confines of any public park, recreation area, or other type of landscaped grounds owned or operated by the city or other governmental agency, or upon any flagpole or tree owned by a public agency.

Notwithstanding this prohibition, a political campaign sign may be posted in a parkway tree well except where such tree well is located in front of or within twenty-five feet of property occupied by the city or other governmental agency, including but not limited to any school, school district, postal service or other U.S., state, county, local or other public agency;

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

(d) 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;

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

(f) Within any median island;

(g) On any street tree, utility pole or other structure located within the public right-of-way;

(h) Within any portion of the public right-of-way which is located closer than one hundred feet to a street intersection;

(i) Within twenty-five feet to the left of a driveway exit, viewed from the perspective of a vehicle exiting from the driveway onto the public right-of-way;

(j) At any other public location which is determined by the director of community development to affect sight distance in such a manner as to cause a hazard;

(k) Within the public right-of-way, if said sign contains a face area in excess of six square feet. On two-faced signs, each side may contain a face area of six square feet;

(l) In the public right-of-way, if any point on said sign is higher than forty-two inches in height as measured from finish grade.

(Ord. 670 §§ 1 and 2 (part), 1990; Ord. 600 § 1, 1985: Ord. 471 § 1 (part), 1979)

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

(Ord. 670 § 2 (part), 1990: Ord. 600 § 2, 1985: Ord. 471 § 1 (part), 1979)

The city manager or his authorized agents shall remove any political campaign sign found posted on public property within the corporate limits of the city which is a violation of Sections 9.34.030 or 9.34.040.

(Ord. 670 § 2 (part), 1990: Ord. 471 § 1 (part), 1979)

For the purpose of removing political campaign signs, the city manager or his authorized agents are empowered to enter upon public property where the signs are posted, and the city manager 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. 670 § 2 (part), 1990: Ord. 471 § 1 (part), 1979)

When the city manager or his agents find that a political campaign sign has been posted in violation of Sections 9.34.030 or 9.34.040, unless he finds that an immediate public hazard exists he shall attempt to contact the candidate, committee or person responsible for the posting of such sign. If successful, he shall give twenty-four-hours' advance telephonic notice of his intention to remove the sign, indicating the nature of the violation and the location of the sign. If, after such notification, the illegal sign remains in violation, the city manager or his agents shall remove said sign and store it in a safe location. If, after reasonable diligence, the city manager is unable to contact the candidate, committee, or person responsible for the sign, he may dispense with the notice requirement and remove the sign, storing it in a safe location. The advance notice procedure provided in this section shall not be required if the city manager or his agent finds that an illegal political campaign sign presents an immediate public hazard, or the violation occurs within seventy-two hours prior to the close of the polls on election day, or a like sign is reinstalled after prior removal from the same location. In such cases notice shall be given after removal.

(Ord. 670 § 2 (part), 1990: Ord. 600 § 3, 1985: Ord. 471 § 1 (part), 1979)

If the city manager or his agents remove any political campaign sign, he shall keep a record of the location from which the sign was removed. He shall store the political campaign sign in a safe location for at least thirty days, and shall immediately 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 manager is unable to make telephone contact, he shall provide written notice, if the address of the candidate, committee, or person is known or can reasonably be ascertained. Notwithstanding any of the above, the city manager shall return any political campaign sign upon the payment of a fee of ten dollars for each sign, to cover the costs of removal, notice and storage.

(Ord. 670 § 2 (part), 1990: Ord. 471 § 1 (part), 1979)

The city shall be entitled to receive the sum established by resolution of the city council for every political campaign sign removed by the city manager, or his agents, to cover the expense of removal, notice and storage. 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 situation, the city shall collect from the person responsible a sum sufficient to cover the costs of equipment and hourly wages of employees so utilized.

(Ord. 781 § 1 (part), 2006; Ord. 670 § 2 (part), 1990: Ord. 471 § 1 (part), 1979)

In a campaign for political office, the candidate for such office shall be deemed the person responsible for the posting of political campaign signs, unless he first notifies the city clerk and the city manager of another person who is responsible. In such case, the candidate 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 first notifies the city clerk and the city manager of some other person responsible, in the manner described in this section. The candidate, or in the case of a ballot measure, the committee president or chief officer or other responsible person if so designated, shall be liable to pay any fees or costs for the removal and storage of illegal signs, as set out in this chapter. Further, such candidate, committee president or chief officer, or other designated person, shall be subject to criminal prosecution for violation of Section 9.34.030 or 9.34.040.

(Ord. 471 § 1 (part), 1979)

Political campaign signs in violation of Section 9.34.030 or 9.34.040 are declared to be public nuisances, and may be abated by the city. The collection of removal fees shall not preclude the city from criminally prosecuting any person in violation of said sections.

(Ord. 471 § 1 (part), 1979)