San Bernardino Municipal Code Ch. 16.18 Unauthorized Signs on Public Property

Section

Editor’s note:

Ord. MC-1343, passed 12-20-2010 contains “16.18.070 Appeal” in the table of contents, but does not have any text for that section.

This chapter is added by Ord. MC-1343, passed 12-20-2010.

For the purpose of this chapter only, unless otherwise apparent from context, words and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal, state or other applicable laws or regulations. Words used in this chapter in the singular may include the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.

CODE. The San Bernardino Municipal Code.

DEVELOPMENT CODE. Title 19 of the San Bernardino Municipal Code.

DIRECTOR. The Director of Community Development and Housing, or his or her designee.

RESPONSIBLE PARTY. The person liable for placement of a sign. The following is a non-exclusive list of facts, which, when found to exist, shall constitute prima facie evidence that a person is a RESPONSIBLE PARTY:

(1) Based on information contained on the sign, and information from other sources, the person is identified as the owner or lessee of property used for the activity or event, and/or is the sponsor or promoter of the activity or event described on the sign; and

(2) Based on information that appears on the sign, and information from other sources, including, but not limited to, information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or caused the sign to be placed.

SIGN. Any notice, writing of letters, words or numerals, pictorial presentation, illustrations or decorations, emblems or devices, symbols or trademarks, flags, banners or pennants, graphic announcement, posters, pictures or any item used to convey any message or idea.

(Ord. MC-1343, passed 12-20-2010; Ord. MC-1625, passed 2-21-2024)

No person shall place, affix, erect, extend, project over, suspend or maintain, or cause to be placed, affixed, erected, extended, suspended or maintained, any unauthorized sign in, over or on public property, public utility poles, light poles, public rights-of-way, trees in the public right-of-way or on publicly owned or maintained land unless:

(1) The prior approval by the owner of the public property for placement of the sign appears on the sign or has otherwise been provided to the city, in writing, prior to such placement;

(2) (a) The public property is a traditional public forum, such as the park or the sidewalk, and the sign is held or personally attended to by one or more persons.

(b) PERSONALLY ATTENDED means that the person is in such control of the sign as to prevent the infliction of damage upon the sign or the infliction of physical damage by the sign.

(3) Placement is otherwise permitted by the Development Code or other applicable law of the city.

(Ord. MC-1343, passed 12-20-2010)

A violation of this chapter shall constitute a public nuisance. The Director is authorized to proceed with the summary abatement of such public nuisance by causing the sign to be removed and destroyed without prior notice to the responsible party. If the responsible party can be identified and located, any sign so removed may be stored by the Director pending any action to recover the city’s costs of removal.

(Ord. MC-1343, passed 12-20-2010)

The costs of the removal of any sign by city employees and/or city contractors pursuant to this chapter shall be borne by the responsible party. The costs of removal shall be established by separate resolution of the Mayor and City Council.

(Ord. MC-1343, passed 12-20-2010)

Unpaid costs of removal shall be a debt to the city and subject to all remedies for debt collection as allowed by law.

(Ord. MC-1343, passed 12-20-2010)

(A) A violation of this chapter may be enforced or punished in any manner prescribed by law or through any other process or procedure established or allowed by this code or applicable law.

(B) It shall not be a defense to a violation of this chapter that the responsible party was unaware that the property on which the sign was posted is public property.

(Ord. MC-1343, passed 12-20-2010)

[Reserved]

(Ord. MC-1343, passed 12-20-2010)