San Juan Capistrano Municipal Code Ch. 9 Temporary Signs

For purposes of this chapter, a “temporary sign” is any sign, handbill, poster or other medium of visual communication which is designed or intended to be displayed for a short period of time. Examples of temporary signs include, but are not limited to, those relating to garage sales, political candidates, election ballot measures, concerts, community events or swap meets. As used in this chapter, “temporary signs” shall not include advertising for individual business establishments, tenants, or multi-tenant properties.

(Ord. No. 700, § 1; Ord. No. 960, § 1, 2009; Ord. No. 1012, § 3, 2014)

The City Council finds as follows:

(a) Aside from this chapter, temporary signs located in the public right-of-way are not regulated by this title and are therefore not subject to design review or approval as to their size, shape, color, design or placement. The lack of regulation of temporary signs has, in the past, led to visual clutter within the community and aesthetic blight. At times, temporary signs pose traffic safety hazards.

(b) Publicly owned property and property and facilities located within the public right-of-way, such as utility poles, benches, hydrants, bridges, sidewalks and similar structures are not by tradition or designation a forum for communication by the general public, and the Council wishes to preserve these structures for their intended purposes, which is the safe, efficient and pleasant movement of vehicular and pedestrian traffic and operation of utility systems.

(c) The regulations, prohibitions, or restrictions specified in this chapter are necessary to preserve items located within the public right-of-way for their intended purposes, and to prevent the visual clutter, blight, and traffic hazards caused by temporary signs therein.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

No person shall paint, mark, or write on, or post or otherwise affix, or erect, construct, maintain, paste, nail, tack or otherwise fasten, any temporary sign on any sidewalk, crosswalk, curb, street, lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign, or upon any other object located within the public right-of-way unless such object is maintained and intended specifically to be used for communications by the general public via temporary signs. In addition, temporary signs may not be posted on or otherwise affixed to publicly owned buildings.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

This chapter shall not prevent a public officer or employee from posting notices as required by law, such as notices of street abandonment or notices of proposed assessment district proceedings as required by Streets and Highways Code, or other statutory authority. This chapter shall also not prevent the Director of Public Works from issuing an encroachment permit for the erection of banners pertaining to noncommercial and nonpolitical community events, such as parades, fairs, and community celebrations. This chapter shall also not pertain to structures located within the right-of-way which by tradition or designation are used for the purpose of communication by the general public. Such structures shall include kiosks, bulletin boards, newspaper racks, and billboards as authorized by this Code. This chapter shall not prevent temporary signs from being placed in the public right-of-way in accordance with the provisions of Section 7-9.05 and subsequent sections.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

Temporary signs may be posted in the public right-of-way, subject to the following restrictions:

(a) If located within 100 feet of an intersection, each temporary sign may not exceed six square feet in area or three feet in height.

(b) If located 100 or more feet away from an intersection, each temporary sign may not exceed nine square feet in area or six feet in height.

(c) Each temporary sign must be free standing. Temporary signs may not be affixed to any building or structure as set forth in Section 7-9.03.

(d) Temporary signs shall not be placed in the center median of any public road or street.

(e) Temporary signs shall be posted no closer than five feet from the edge of the paved area of any public road or street.

(f) Flags, valances, pennants, lights or other similar attraction devices are prohibited.

(g) Temporary signs cannot be illuminated, revolve, or otherwise function with mechanical parts or devices.

(h) Temporary signs may not be posted, placed or displayed in a manner that creates a safety hazard, including, but not limited to, by obstructing the flow of vehicular, bicycle or pedestrian traffic or the visibility of vehicular, bicycle or pedestrian traffic, street signs, signals, or emergency equipment.

(i) Temporary signs must be kept in a state of good repair at all times. It is the responsibility of the sign owner to ensure that signs which become damaged are promptly repaired or removed.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

Temporary signs relating to an election, including, but not limited to, political candidates and/or election ballot measures, may not be placed within 100 feet of a polling place, meaning the room(s) in which voters are signing an election roster and casting ballots.

(Ord. No. 700 § 1; Ord. No. 1012, § 3, 2014)

Prior to removal by the City of any temporary sign that is in violation of any provision of this chapter, the City shall make a reasonable attempt to notify the owner of the sign about the violation and the need to bring the sign into compliance or remove it. If the violation is not corrected within a 12 hour period following notice to the sign owner, or if the City is unable to determine the identity of the sign owner, the City may remove the sign. Notwithstanding the foregoing, any temporary sign determined by the Director of Public Works to pose a safety hazard, in violation of Section 7-9.05(h), is subject to immediate removal by the City without prior notice to the owner of the sign. All temporary signs removed by the City pursuant to this section shall be stored and disposed of pursuant to written procedures established administratively by Section 7-9.10.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

Temporary signs posted, placed or displayed in the public right-of-way in accordance with the provisions of this chapter shall be removed no later than seven calendar days after the event to which they relate. Removal of a sign, when authorized by this Code, may be done by officers of the police, Building Inspectors, Public Lands and Facilities employees, or by a Code Enforcement Officer.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)

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**Editor’s note-**Ord. No. 1012, § 3, adopted April 15, 2014, repealed § 7-9.09 in its entirety. Former § 7-9.09 pertained to destruction of signs and was derived from Ord. 700, § 1(i).

Written procedures for the notification of sign owners of violations, and the storage, retrieval and destruction of temporary signs shall be established administratively.

(Ord. No. 700, § 1; Ord. No. 1012, § 3, 2014)