La Mesa Municipal Code Ch. 15.12 Public Property

This chapter states the policies of the city of La Mesa regarding use of public property, as defined herein, for the display of signs, as defined herein, by private parties and public entities other than the city of La Mesa. Private party signs on property owned or controlled by the city are prohibited, unless expressly allowed by this chapter. This chapter does not apply to signs used in conjunction with parades, demonstrations, protests, and public assemblies.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

In adopting the ordinance codified in this chapter, the city council acts in its proprietary capacity as to public property within the city. This chapter may be changed in the same manner as any ordinance.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

For purposes of this chapter, the following terms have the following meanings:

"Personally attended" means that a person is physically present within five feet of the sign at all times.

"Public property" means all land and other property owned by the city of La Mesa, as well as all lands and other property over which the city holds the present right to possession and/or control (even if only temporarily) and all other lands which have the legal status as public right-of-way.

"Sign" means any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person, and which is to be viewed from any public street, road, highway, right-of-way or parking area. The following are not within the definition of "sign" for the purposes of this chapter:

(a) Mass transit signage. Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass over or through the city's public property;

(b) Newsracks and newsstands located on public property.

"Sign ordinance" means Chapter 15.10 of the La Mesa Municipal Code.

"Traditional public forum areas" means the surfaces of city-owned streets, and sidewalks that are part of the pedestrian circulation system of the city (along with any public area between the sidewalk and the street or adjacent private property), city-owned parks, and the area immediately around city hall.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

The city declares its intent that all public property in the city shall not function as a designated public forum, unless some specific portion of public 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. 2004-2748 § 2 (part); July 27, 2004)

No private party sign may be displayed on public property, unless a public property sign permit therefor has first been issued, or the subject sign is expressly exempted from the permit requirement by this chapter or another applicable policy or law.

All public property sign permits must be consistent with the policies stated herein. Any sign posted on public property within the city, contrary to the policies stated herein, is a nuisance and a trespass, and may be summarily removed by the city, at the expense of the persons or persons responsible for unauthorized posting.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

Private persons may display noncommercial message signs in traditional public forum areas without first obtaining a public property sign permit, provided that the sign display on public property conforms to all of the following:

(a) The sign must be personally held by a person, or personally attended by one or more persons;

(b) The sign may be displayed only during the time period of sunrise to sunset;

(c) The maximum aggregate size of all signs held by a single person is sixteen square feet, measured one side of a flat sign;

(d) The maximum size of any one sign which is personally attended by two or more persons is thirty-two square feet;

(e) The displayed sign may not be inflated or inflatable or activated by moving air or gas;

(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, and may not interfere in any way with persons who wish to pass by.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

Other than as explicitly allowed by this chapter, signs displaying noncommercial messages may not be left unattended on public property or in the public right-of-way.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

(a) Standard form. The community development director shall prepare and make available to the public a form for application for a public property sign permit, which shall, when fully approved, constitute a permit and indicate the city's consent for placement of a sign. The applicant for the public property sign 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. The application form shall state that the applicant shall abide by the terms of the city's policy.

(b) Permits issued in error. Any public 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, within thirty calendar days thereafter, submit a new permit application which cures any deficiencies in the original application without paying the application fee anew. Applications which fully comply with the terms and conditions of this policy statement shall be duly issued. Applications which are denied, or permits which are revoked or suspended, may be appealed in the same manner as sign-related decisions, as described in the sign ordinance.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

In the CD zone only, and subject to a public property sign permit, qualifying establishments may display one "sandwich board," "A" frame or similar portable sign on the public sidewalk directly in front of their store, subject the rules stated in this section.

(a) Qualifying merchants. Only businesses or other nonresidential establishments with frontage and a public entrance on the public sidewalk in the CD zone qualify for the sidewalk signage of this section.

(b) Message types. If the message content is commercial in nature, it must pertain to the premises; the following message types are not allowed: off-site commercial advertising, messages promoting the sale or use of tobacco, alcohol, merchandise which may be legally purchased only by adults, pawn shops, check cashing services, massage services, or products or services which are illegal for all or certain members of the public.

(c) The sign may be placed on the public sidewalk only during the time that the establishment is actually open to the public.

(d) The sign may have a maximum of two display faces per street frontage, and on each face the message display area must be flat and must not exceed twenty square feet per display face.

(e) No part of the sign may be higher than five feet from the surface of the sidewalk on which it is mounted.

(f) No illumination, flashing, strobing, or moving parts are allowed.

(g) The sign must be constructed and maintained in such a manner that it does not pose a safety hazard.

(h) The sign must be placed where it will not interfere with or impede the free flow of pedestrian or vehicular traffic, ingress or egress from stores, or fire escapes.

(i) The city may require temporary removal or relocation of the sign so as to accommodate special events, public assemblies, or to deal with emergencies.

(j) A public property sign permit attaches to a particular business at a particular location, and does not transfer to a new business in the same location or to the same business moving to a different location. Such permits may be cancelled by the city with thirty days written notice.

(k) In the CD zone only, persons wishing to display portable signs with noncommercial messages may do so, without obtaining a permit, provided that such noncommercial signs are personally attended at all times, meet the size and height rules of this section, and are not displayed before sunrise or after sunset.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

The city council may approve agreements for private parties to manage the placement of advertising on benches located on public property, or in the public right-of-way, or upon train or bus waiting stations.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

All violations of this chapter may be enforced or remedied in the same manner as a violation of the sign ordinance, Chapter 15.10, or a violation of the zoning ordinance, by civil action for declaratory and/or injunctive relief, or in any other manner allowed by law. Persons responsible for violations of this chapter shall be liable for the cost incurred in the removal, as well as all other costs (including reasonable attorney's fees) directly attributable to the enforcement.

Signs which do not conform to this chapter or any permit issued under this chapter may be summarily removed by the city upon discovery of the nonconformance. Alternatively, when the owner of the sign is known, the city may contact the owner and request that it be removed or brought into compliance with this chapter.

(Ord. 2004-2748 § 2 (part); July 27, 2004)

Violations of this chapter are declared to constitute a public nuisance which may be abated in the same manner as a zoning violation or a violation of the sign ordinance. Without limitation, the city may enforce this chapter by administrative action, criminal suit (infraction), civil action (including for abatement of nuisance, declaratory and injunctive relief). In the case of legal action, the prevailing party shall be awarded costs, including reasonable attorneys fees.

(Ord. 2004-2748 § 2 (part); July 27, 2004)