National City Municipal Code Ch. 13.28 Proprietary Use of City Property

This chapter may be referred to as the city property sign ordinance.

(Ord. No. 2012-2373, 7-17-2012)

In adopting this chapter the city council acts in its proprietary capacity as to city property.

(Ord. No. 2012-2373, 7-17-2012)

This chapter states city policies and rules for the display of signs on city property, as defined herein.

(Ord. No. 2012-2373, 7-17-2012)

The city declares its intent that all city property shall not function as a designated or limited public forum for sign display, unless some specific portion of city property is designated 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. By adopting this chapter, the city council intends to balance the rights of free speech, protected by the First Amendment to the U.S. Constitution and corollary provisions of the California Constitution, against the city's own speech rights, its own property rights, and the public interests in reducing the visual clutter and safety risks that can result from excessive or inappropriate signage.

(Ord. No. 2012-2373, 7-17-2012)

For purposes of interpreting and enforcing this chapter, the following words have the special definitions given. For words not defined in this chapter, definitions from the regulatory sign ordinance may be used.

"Administrator" means the person authorized by the city council to enforce and interpret this chapter; in the absence of a contrary authorization by the city council, the administrator shall be the city manager or his/her designee.

"City" means, for purposes of this chapter, the City of National City, California and any other legal entity for which the members of the city council also act as the legislative or policy-making body, when such other entities formally adopt or approve this chapter as applicable to their properties and facilities. Without limitation, such other legal entities include the city as successor agency to the city redevelopment agency, the community development commission - housing authority, the city parking authority, and the joint powers financing authority.

"City property" means land or other property or facilities in which the City of National City (as defined herein) is the legal owner or has the present right of possession and control (even if only temporarily), as well as areas that are either designated as public rights-of-way or which have long been used as such.

"Permit" means a written authorization from the city for third party display of a sign on city property.

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

"Sign ordinance" means Chapter 18.47 of the National City Municipal Code, as it may be amended from time to time.

"Traditional public forum" means the surfaces of city-owned streets, surfaces of parks that are open to the public, surfaces of city-owned plazas, surfaces of sidewalks that are connected to the city's main pedestrian circulation system, and the exterior surface of pedestrian areas immediately surrounding City Hall.

(Ord. No. 2012-2373, 7-17-2012)

The administrator is authorized and directed to enforce this chapter. Any violation of this chapter is declared to be a public nuisance which may be abated by any means provided by law, including but not limited to any remedy for illegal signs as set forth in the sign ordinance, other city law, or any remedy available under state law, including but not limited to Penal Code 556, may also be used. Legal remedies under this section are cumulative and discretionary, and are not exclusive.

(Ord. No. 2012-2373, 7-17-2012)

Private persons and governmental agencies other than the city may not display signs on city property unless such display is specifically authorized by this chapter or by state or federal law or court order.

(Ord. No. 2012-2373, 7-17-2012)

The signs described in this section may be mounted, installed, or displayed on city property without a permit, but remain subject to all other applicable laws, rules, regulations, and policies.

A. Government Signs. Signs posted by the city on city property to express its own message(s) to the public; traffic control and traffic directional signs erected by the city or another governmental entity in fulfillment of their official duties; official notices required or authorized by law or court order; signs placed in furtherance of the city's governmental functions.

B. Picketing in Traditional Public Forum Areas. The personal carrying of signs or "picketing," displaying constitutionally protected noncommercial speech messages, is allowed in traditional public forum areas, except in the roadway when it is open to normal vehicular traffic; picketers may not interfere with public ingress or egress or free use of sidewalks or public right-of-way. All picket signs must be worn on the person, hand held, or personally attended at all times, and may not exceed a cumulative total of six square feet. (In the case of double-sided signs, only one side counts toward the area total; if two sides are not equal in size, then the larger shall be used to calculate sign size.) For safety reasons, picketing is allowed only from 7:00 a.m. until 10:00 p.m.; however, on evenings when there is a public hearing at city hall, picketing may continue until thirty minutes after the meeting for such hearing has closed. This subsection does not authorize the display of commercial messages on city property, nor does it authorize the posting of inanimate signs on city property, regardless of message type. This section does not apply to personally held signs displayed inside city buildings.

C. San Diego Metropolitan Transit System ("MTS") Bus Benches and Shelters. Signs, including but not limited to advertisements, posted by MTS on city property, including but not limited to bus benches and shelters, where MTS executes an agreement with the city for placement of such signs on city property.

(Ord. No. 2012-2373, 7-17-2012; Ord. No. 2019-2457, § 3, 5-7-2019; Ord. No. 2019-2460, § 1, 6-18-2019)

A. Permanent Signs on City Property. Notwithstanding Chapter 18.47, in order to realize the revenue potential of city properties, and to provide a method for city messages to be presented to the public, the city council may allow qualified private parties to place permanent signs on city property in exchange for rent and other considerations to be negotiated and included in a lease and/or development agreement. Such permanent signs may use digital display and may be operated as billboards, i.e., be used for general advertising for hire. Before entering into any arrangement for private party permanent signs on city property, a request for qualifications ("RFQ") or request for proposals ("RFP") will have been issued and thereafter considered by administrator and/or city. The city retains all discretion to reject all proposals and terminate the prospective program.

B. Proposals. In reviewing any proposed lease, the council shall consider the following factors, weighted as the city council deems appropriate:

1. The degree to which the lease maximizes the economic value of the city's property;

2. The degree to which the lease will contribute revenue to the city's general fund;

3. The degree to which the lease will allow dissemination of the city's own messages, public service messages, and/or emergency messages to the public; and

4. The degree to which the lease will encourage economic activity in the city.

C. Location and Limitations. Any permanent sign located on city property pursuant to this section must satisfy all other applicable legal requirements, including but not limited to Caltrans rules; and, may be located only alongside I-5, I-805, or State Highway 54. No more than three such new sign structures may be constructed in the city.

(Ord. No. 2012-2373, 7-17-2012)