Montague Municipal Code Ch. 14.12 Prohibited Signs

Sections:

• 14.12.010 Removal of nonconforming signs.

• 14.12.020 Signs which confuse traffic.

• 14.12.030 Colored lights or flashing signs adjacent to streets.

• 14.12.040 Flashing signs.

• 14.12.050 Signs not pertinent to land use.

• 14.12.060 Pertinent to use of land defined.

• 14.12.070 Immoral or unlawful advertising.

• 14.12.080 Unsafe signs.

• 14.12.090 Clearance from electric power and communication lines.

• 14.12.100 Obstruction of fire escapes, stairways, exterior doors, or sidewalks.

• 14.12.110 Removal of certain advertising.

• 14.12.120 Obstruction to traffic signs.

• 14.12.130 Liability of damages.

• 14.12.140 Right of appeal from decisions of the planning commission.

A. Any existing sign, including projecting signs, in conflict with the provisions of this title shall be made to conform to the regulations of this title, or 14.12.010 shall be removed entirely within one hundred eighty days, following receipt of written notice from the planning commission to the owner of the premises unless such sign or outdoor advertising structure was lawfully erected and maintained prior to the effective date of the ordinance codified in this title.

B. No such nonconforming sign or advertising structure shall be structurally altered or reconstructed after the effective date of the ordinance codified in this title unless the same when so reconstructed or altered will comply with the applicable requirements of this title.

C. Any sign or outdoor advertising structure which was lawfully erected and maintained prior to the effective date of the ordinance codified in this title, but which has become nonconforming as a result of the adoption of the ordinance codified in this title, or by annexation in the city, shall be structurally altered or removed, within six months from the date of the ordinance codified in this title shall become effective, or the date the annexation becomes effective, respectively. (Ord. 89-3 (part), 1989)

It is unlawful to erect, construct or maintain any outdoor advertising structure or sign for the purpose of advertising the goods, wares, merchandise or business of any person when such outdoor advertising structure or sign displays or makes use of the words “Stop,” “Danger” or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic. (Ord. 89-3 (part), 1989)

Signs having red, green or amber lights that could be confused with traffic signs shall not be permitted if designed or located to be seen primarily by vehicular traffic. Such colors are not prohibited where, by the design of the sign or lights used, it is extremely unlikely that such lights could be confused with traffic signals by the driving public. (Ord. 89-3 (part), 1989)

A. In all of the types of electrical sign effects designated in subsection B of this section, it is expressly prohibited, where incandescent lamps are used as part of the effect, to use any incandescent lamp of more than twenty-five watts in size.

B. The following types of rapidly flashing signs that .simulate motion or flash through a series of rapid light changes, are prohibited because of their confusing and distracting effect on traffic, as a public safety measure, as follows:

l. Alternating Flashers. These are flashing actions in which one message or lighting unit switches on at the exact instant that another light unit or message is extinguished. It is prohibited to have any on phase of an alternating flasher to have a time duration of less than two seconds. It is also prohibited to have the total candle power or luminescence of any on phase of an alternating flasher exceed that of any other on phase on the same sign by more than twenty-five percent.

2. Traveling Effects. A traveling effect is defined, for the purposes of this section, as a flashing effect achieved by switching evenly spaced lamps or neon tube sections off and on in a steady and repetitious sequence. The use of one-point or two-point or three-point flasher controls in the installation of traveling effects on a sign are prohibited. Also it is prohibited to have the on phase of any individual lamps or neon tubes or groups of lamps or tubes within the traveling effect on for a time duration of less than two seconds.

3. Scintillating Effects. A scintillating lighting effect in a sign is defined, for the purposes of this section, as an effect achieved by switching a group or groups of incandescent lamps or neon tubes on and off in a random pattern. It is prohibited to have any phase of the random pattern in which the variation in total candle power or luminescence exceeds twenty-five percent from that of any other phase within the random pattern. The use of one-point, two-point or three-point flasher controls in the installation of scintillating effects in illuminated signs is expressly prohibited.

4. On and Off Flashers. On and off flashers are defined, for the purpose of this section. as illuminated signs or portions of signs in which one or more messages or lighting units are switched on, and then off. and then on and then off at a regular time interval. It is expressly prohibited to have the on phase of an off and on flasher on for a time duration of less than two seconds. It is also prohibited to have an off phase of an on and off flasher remain off for a time duration of less than one second. If more than one on and off flashers is installed as part of the same sign face, there shall not be variation in total candle power or luminescence of more than twenty-five percent in any combination of on and off phases of the multiple on and off flasher installed on the sign face.

5. Speller Flashers. For the purpose of this section, speller flashers are defined as a number of individual incandescent lamps or neon tubes, or groups thereof, which are switched on in sequence and produce an effect of spelling out the sign advertising message. As to speller flashers, the time intervals between each phase in the total sequence shall not be less than one second. (Ord. 89-3 (part), 1989)

All outdoor advertising structures or signs not pertinent to the use of the land upon which it is located are prohibited. (Ord. 89-3 (part), 1989)

An advertising structure or sign is pertinent to the use of the land upon which it is located for the purpose of Section 14.12.050 only if it is devoted exclusively to the following uses:

• A. To advertise the sale or lease of the property on which such advertising structure or sign is placed;

B. To designate the name of the owner or occupant of the premises upon which property such advertising structure· or sign is placed;

C. To advertise the business conducted or goods made or produced or services rendered upon such property upon which such advertising structure or sign is placed. (Ord. 89-3 (part), 1989)

It is unlawful to exhibit, post or display upon any advertising structure or sign or upon or in any window or upon any building or in any public view, any statement, word or sign of an obscene, indecent or immoral nature; or any statue or statuary, picture, illustration or delineation or any nude human figure in such detail as to offend the public morality or public decency; or of any lewd or lascivious nature or offensive to the moral sense. (Ord. 89-3 (part), 1989)

A. The owner of any sign as defined and regulated by this title, including supporting structures, shall keep the same in a safe condition at all times.

B. If the planning commission shall find that any sign regulated herein is unsafe or insecure, or is a menace to the public, they shall give written notice to the sign owner and to the property owner. If such sign owner fails to remove or alter the sign so as to comply with the standards herein set forth within thirty days after such notice, the planning commission may cause such sign to be removed or altered to comply at the expense of the sign owner or owner of the property upon which it is located. The planning commission may cause any sign which is an immediate danger to persons or property to be removed summarily and without notice. (Ord. 89-3 (part), 1989)

No permit for any sign shall be issued, and no sign shall be constructed, installed or erected, which does not comply with all of the provisions of this title, or which has less horizontal or vertical clearance from energized electric power lines and communication lines than prescribed by the California Penal Code, Section 385, the regulations of the California Public Utilities Commission, and the orders of the Division of industrial Safety, state of California. (Ord. 89-3 (part), 1989)

A. No portion of any outdoor advertising structure or sign, or the supports thereof, shall be placed so as to obstruct any fire escape, stairway, exterior doors, standpipe or sidewalk, nor shall any such outdoor advertising structure or sign or any of the supports thereof, be attached to or supported by any fire escape.

B. No portion of any outdoor advertising structure or sign or the supports thereof, shall be placed so as to interfere with human exit through any window of any room located above the first floor of any building. (Ord. 89-3 (part), 1989)

Any advertising copy or message now or hereafter existing which advertises a business no longer in operation under the same name, or product which is no longer available for purchase by the public, or a public or private event which has already occurred, or a candidate for public office, the election for which has already taken place, shall be removed by the owner, agent or person having the beneficial use of the building or structure or premises upon which such copy or message may be found, within ten days after written notice from the planning commission, and upon failure to comply with such notice within the time specified in such order, the city official or city's agent is authorized to cause the removal of the advertising copy or message, and the expense incident to such removal shall be the obligation of the owner of the building, or structure or premises on which the advertising copy or message is displayed. (Ord. 89-10 (part), 1989; Ord. 89-3 (part), 1989)

No sign as regulated by this title shall be erected at any location where, by reason of its position, it will obstruct the view of any authorized traffic sign, signal or device. (Ord. 89-3 (part), 1989)

The provisions of this title shall not be construed as relieving or limiting in any way, the responsibility or liability of any person erecting or owning any sign for personal injury or property damage resulting from the placing of such sign or resulting from the negligence or wilful acts of such person, his agents, employees or workmen, in the construction, maintenance, repair or removal of any sign erected in accordance with a permit issued hereunder. Nor shall this title be construed as imposing upon the city, or its officers or employees, any responsibility or liability by reason of the approval of any signs, materials or devices under the provisions of this title. (Ord. 89-3 (part), 1989)

Any person excepting to any denial, suspension or revocation of a permit applied for or held by him pursuant to the provisions of this title or to any action taken by any official of the city concerning such permit, or order to remove or alter a sign, may appeal in writing to the city council, by filing with the city clerk a written notice of such appeal, setting forth specific grounds thereof. Such notice must be filed within ten days after the mailing of written notice of such action appealed from. The city clerk shall forthwith set such matter for hearing before the city council and cause notice thereof to be given to the applicant not less than ten days prior to such hearing. At the hearing the appellant shall show cause why the action excepted to should not be approved. The council may continue the hearing from time to time, but shall decide the appeal not later than sixty days from the date the city clerk received the appeal. If a decision is not reached within sixty days, the appeal shall be deemed to have been denied. (Ord. 89-3 (part), 1989)