Modoc County Municipal Code Ch. 5.16 Outdoor Advertising Signs

For the purpose of this chapter, certain terms used herein are defined as follows:

A. "Advertising structure" means any structure erected exclusively for advertising purposes, upon which any poster, bill, printing, painting, device or other advertisement of any kind whatever may be placed, posted, painted, tacked, nailed or otherwise fastened or affixed, including any spectacle, display, appliance or advertising statuary.

B. "Outdoor advertising" means the posting, printing, painting, nailing, tacking or otherwise fastening or affixing of any notice, placard, bill, card, poster, banner, sticker, sign, or other device intended to attract the attention of the public, to the surface of any advertising structure.

C. "Sniping sign" means advertising by the posting, sticking, gluing, tacking or otherwise fastening or affixing of any card, cloth, paper, metal or wooden sign of any character to or upon any fence, post, tree, wall or thing, either privately or publicly owned, other than an advertising structure, as defined in this section.

(Ord. 91 §1, 1931)

It is unlawful for any person, firm or corporation to erect, construct or maintain, or cause or permit to be erected, constructed or maintained in the county any outdoor advertising structure, or to engage in the placing of sniping signs as defined in Section 5.16.010, without first having secured a written permit from the board of supervisors so to do.

(Ord. 91 §3(part), 1931)

A. Nothing contained in this chapter shall be deemed or construed to apply to advertising structures or signs used exclusively to display official notices issued by any court or public office, or posted by any public officer in performance of a public duty, or a private person in giving a legal notice.

B. The provisions of Sections 5.16.020 and 5.16.040 shall not be deemed or construed to apply to advertising structures or sniping signs having an area of twentyfour square feet or less, used exclusively to advertise the sale or lease of the property, or to advertise the business conducted or goods sold upon the property whereon such advertising structure or sniping sign is located.

(Ord. 91 §§2 and 3(part), 1931)

A. Any person, firm or corporation desiring a permit shall file with the board of supervisors, on a blank to be furnished by the county, an application therefor. Such application shall set forth the name and address of the fixed place of business of the applicant, the location upon which it is proposed to erect such advertising structure or place such sniping sign, describing the same in such manner that the location may be readily located and identified. The applicant for the permit shall offer satisfactory evidence that the owner or agent in control of such property has consented to the erection of such advertising structure or the placing of such sniping sign.

B. If the application for the permit shall be in accordance with all of the requirements of this chapter, the board of supervisors shall issue a permit upon the payment by the applicant of a fee of fifty cents for each advertising structure, and a fee of twentyfive cents for each sniping sign.

(Ord. 91 §3(part), 1931)

A. The permit provided for in Sections 5.16.020 through 5.16.040 of this chapter shall carry an identification number, and shall entitle the holder to erect and maintain the advertising structure, or place and maintain the sniping sign described in the permit.

B. In the event that any person, firm or corporation has been issued such permit and number, it is unlawful for such person, firm or corporation to erect or maintain any advertising structure or sniping sign unless the words and figures "P. N. " (herein insert the number of such permit) shall be printed, painted, stamped, tacked, nailed or otherwise fastened upon the front of such advertising structure and upon the face of the sniping sign, in letters not less than two inches in height, so that the same shall be plainly visible from the highway upon which the advertising structure or sniping sign faces. Failure of the hereinabove required words and figures to be plainly visible thereon as herein provided shall be prima facie evidence that such advertising structure or sniping sign has been erected or placed and is being maintained in violation of the provisions of this chapter.

(Ord. 91 §4, 1931)

It is unlawful for any person, firm or corporation erecting, constructing, owning, maintaining or controlling any advertising structure, or placing or maintaining any sniping sign to fail, refuse or neglect to cause the name of the person, firm or corporation erecting, constructing, owning, maintaining or controlling such advertising structure or sniping sign to be plainly marked, painted or outlined upon the front of such advertising structure and upon the face of such sniping sign, in a conspicuous manner.

(Ord. 91 §6, 1931)

No advertising structure shall be erected, placed or maintained in the county unless the same shall be built to withstand a wind pressure of twenty pounds per square foot of exposed surface. Any advertising structure not conforming to the provisions of this section shall be removed by the sheriff, unless the same shall be strengthened to meet the requirements contained in this section.

(Ord. 91 §8, 1931)

It shall be lawful for, and the duty of the sheriff or other duly authorized agent of the board of supervisors, ninety days after May 16, 1931, the date of passage of the ordinance codified in this chapter, to remove or destroy any advertising structure or sniping sign maintained or placed in violation of this chapter, without resort to legal proceedings; and in the trial of any alleged violation of this chapter it shall not be necessary for the county to secure a conviction, to allege or prove that the accused did not have the permit above referred to, but such permit shall constitute a defense when produced by the accused to a charge hereunder.

(Ord. 91 §5, 1931)

A. It is unlawful for any person, firm or corporation to erect or maintain any advertising structure, or place or maintain any sniping sign along any state highway or county road at or near highway intersections or railroad grade crossings in such a manner as to obscure the view of approaching vehicles or trains for a distance of three hundred feet, unless such crossings are obscured by buildings, trees or other obstructions, or are protected by crossing gates or guards; nor shall any such advertising structure or sniping sign be erected, placed or maintained on the inside of any curve in any highway or road in such a manner as to obscure the view of approaching vehicles for a distance of three hundred feet.

B. For the purpose of this section, the "intersection" means the area embraced within the prolongation of the lateral curblines, or, if none, then the lateral boundary lines of the traversible roadways of two or more state highways or county roads which join one another at an angle, whether or not one such highway or county road crosses the other.

(Ord. 91 §7, 1931)

It is unlawful for any person, firm or corporation to exhibit, post or display, or cause or permit to be exhibited, posted or displayed upon any advertising structure or sniping sign, any statements, words or signs of an obscene, indecent or immoral nature, or any picture, illustration or delineation of any human figure in such detail as to offend public morality or decency, or any lewd or lascivious act, or any other matter or thing of an obscene, indecent or immoral nature.

(Ord. 91 §9, 1931)

Every person, firm or corporation, as principal, agent or employee, violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment; and each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punished therefor as provided by this chapter.

(Ord. 91 §10, 1931)