San Anselmo Municipal Code Art. 7 A-Frames on Town Property

Each nonresidential establishment in commercial zoning districts C-1, C-2, C-3 and C-L may display one (1) portable A-frame sign on Town Property adjacent to the establishment, subject to securing an annual permit from the Department of Public Works. Each restaurant or retail storefront business within two hundred fifty (250) feet west of San Anselmo Avenue may have one (1) additional A-frame sign that may be located on the nearest corners of San Anselmo Avenue. An application for a permit shall be filed with the Department of Public Works on forms provided by that Department and with a fee as established by resolution of the Town Council.

(Ord. No. 1125, § 3, 9-11-2018)

The A-frame sign shall comply with the following requirements:

(a) Display time: dawn to dusk;

(b) Size: not exceeding forty-two (42) inches in height and twenty-four (24) inches in width;

(c) Number: not more than one per business, except as noted above;

(d) Message types: noncommercial or on-site commercial, or any combination;

(e) Illumination: not allowed;

(f) Animation: not allowed;

(g) Placement and location:

(1) Shall be placed in the sidewalk area adjacent to the applicant's businesses. If the business does not have a storefront, the sign may be placed in the sidewalk area adjacent to the site upon which the business is located. Exception: restaurants and retail storefronts on lots east of San Anselmo Avenue may have one additional A-Frame sign located on the sidewalk at the nearest corners on San Anselmo Avenue. The Public Works Director may approve locations off sidewalks (such as tree well grates) if safety can be maintained.

(2) Shall be placed to least impact pedestrian path of travel and shall provide a minimum four (4) foot clear path of travel between the edge of the sign and any existing sidewalk obstructions (e.g. street signs, utility poles, fire hydrants) unless a reduced path of travel is allowed by the building code. If the sidewalk is not four (4) feet or more in width, the sign cannot be on the sidewalk.

(3) Shall not create a traffic safety issue by blocking sight visibility from a street or private driveway. No A-frame sign over three (3) feet tall shall be located within thirty (30) feet of the sight visibility triangle from a crosswalk, street or driveway. The Town Public Works Director may change any permitted sign location that creates a sight visibility problem.

(4) To limit interference with passengers existing vehicles, signs adjacent to parallel parking shall be placed as far as possible away from the street curb while maintaining four (4) feet of clearance on the sidewalk.

(5) Signs shall not be placed within three (3) feet of a fire hydrant and must be placed so any hydrant remains visible from both angles of approach.

(6) Signs shall not be secured permanently or temporarily to any existing Town or public utility owned facility, such as poles, parking meters, trees, etc.

(7) The Town may prohibit signs in designated areas during parades or other specified times or days when sidewalk congestion is anticipated.

(8) Shall be stored indoors;

(9) Shall not be displayed during times of inclement weather such as high winds, heavy rain or floods; and

(10) Shall not pose a hazard to the public health or safety.

(h) Other requirements: Signage must be maintained in good structural condition. The sign may take on any design form and need not use a conventional "A-frame" or sandwich board design if all dimensional requirements are met and the sign does not create a trip hazard.

(i) Conditions of approval:

(1) Indemnification. Any person who is granted a sign permit pursuant to the provisions of this chapter shall, by the issuance of such permit, thereby indemnify and hold harmless the Town, its officers and employees of and from any and all liabilities, claims, demands, actions or causes of action for injury or injuries to any person or persons or death or deaths of any person or persons or damage to property arising out of or occasioned in any way by the issuance of said permit or the work performed pursuant to such permit.

(2) The Department of Public Works may require a letter of authorization from the property owner or proof of liability insurance.

(Ord. No. 1125, § 3, 9-11-2018)

Upon compliance by the applicant with the foregoing conditions and requirements, the application shall be approved and the permit issued by the Department of Public Works, unless the issuance of the permit is contrary to the health, safety, or welfare of the citizens of the Town of San Anselmo as determined by the Director of Public Works. In determining whether to approve the application, the Town may consider the effect that proposed sign will have on pedestrian, bicycle and vehicular travel within the Town.

(a) Permits issued under this article shall not be transferable.

(b) Permits issued under this article shall expire one (1) year from the date of issuance.

(Ord. No. 1125, § 3, 9-11-2018)

The Director of Public Works may revoke a sign permit if he or she determines and finds the permit application was inaccurate, the permit holder failed to meet requirements of this chapter, or the permit holder failed to meet any conditions of approval for the sign permit.

(Ord. No. 1125, § 3, 9-11-2018)

(a) Requirement of permit. It shall be unlawful for any person to construct, install, attach, place, paint, alter, relocate, or otherwise maintain any A-frame sign on Town Property without first obtaining a permit in accordance with the provisions of this article.

(b) Requirement of compliance. A-frame signs shall be installed, placed, or maintained on Town Property only in compliance with this article. If provisions of this section are in conflict with any other Town code, the more restrictive requirement(s) shall apply. Signs maintained contrary to the provisions of this section are declared to be nuisances and may be abated as provided by law. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the permit holder, any and all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent or knowledge of the owner and/or other parties holding the legal right to immediate possession and control.

(c) Sign removal. Town officials may remove any sign authorized by this section, without notice, whenever such removal is required for public safety.

(d) Notice of violation, enforcement and penalties.

(1) First, second and third offense. A two-day written notice of the violation shall be given by the Public Works Director or his/her designee to the owner or lessee of the business to which the sign relates. Upon receipt of the notice, the owner or lessee of the business or businesses to which the sign(s) relate shall bring the sign(s) into conformance with this section.

(2) Fourth offense. If there is a fourth violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, then no notice shall be required. The offending A-frame sign shall be subject to immediate confiscation. For purposes of calculating the twenty-four (24) month period, the date of the commission of the first offense shall be used. The Public Works Director or his/her designee shall give notice to the owner or lessee of the business to which a sign relates that the sign has been confiscated and that if not claimed within five (5) calendar days from the date of the notice, the sign shall be disposed of by the Town. If the Public Works Director finds that there is a fourth violation by the same owner or lessee of a business to which a sign relates within any twenty-four (24) month period, an A-frame sign relating to the business shall not be permitted.

(Ord. No. 1125, § 3, 9-11-2018)

Editor's note— Ord. No. 1125, § 3, adopted September 11, 2018, set out provisions intended for use as 10-10.706. For purposes of classification, and at the editor's discretion, these provisions have been included as 10-10.705.