Chapter 12.36 — SIGNS

I. - Posting, Placing or Painting Signs, Street Numbers or Bills on Public Property

Any sign, bill or street address posted, placed or painted on public property without permit is declared to be a public nuisance and shall be abated by removal pursuant to the procedures set forth herein. The procedures set forth herein shall not be excusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances by al other remedies including Chapter 1.15 and/or criminal or other legally established procedures.

(Ord. 1454 N.C.(2d) § 2 (part), 2001.)

Except as hereinafter otherwise provided, that certain sign code, one copy of which is on file in the office of the city clerk for use and examination by the public and which said sign code is known and designated as the "Uniform Sign Code, 1997 Edition," prepared and published by the International Conference of Building Officials, is adopted and made a part hereof as if fully set out in this chapter, except as hereinafter modified by the amendments, additions and deletions thereto, and said sign code shall be the sign code of the city, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, equipment and maintenance of all signs and providing for the issuance of permits and the collection of fees therefor within the city, and said sign code shall be known and may be cited as the "Uniform Sign Code".

(Ord. 1499 N.C.(2d) § 1 (part), 2003: Ord. 1358 N.C.(2d) § 1, 1996: Ord. 1245 N.C.(2d) § 1, 1992: Ord. 1138 N.C.(2d) § 1, 1990.)

12.36.010 - Definitions.

A.

"Building inspector," "business license inspector," "council," "fire chief," "police chief" and "public works director" mean those officials and city council of the city.

B.

"City" means the city of Vallejo.

C.

"Permit" means a document executed and issued by the business license inspector.

D.

"Commercial services division" means the commercial services division of the finance department of the city.

E.

"Person" means any person, firm, corporation, association, or organization.

F.

"Public property" means all publicly owned property, including curbs, streets, rights-of-way, easements and everything affixed thereto and thereover.

(Ord. 747 N.C.(2d) § 1 (part), 1984: Ord. 257 N.C. § 1.00, 1957.)

It is unlawful for any person to post, place or paint a sign, street or house number, or bill on or over any public property in the city without first having secured a permit to do so, as provided hereinafter.

(Ord. 747 N.C.(2d) § 1 (part), 1984: Ord. 257 N.C. § 2.01, 1957.)

Every application for a permit shall be filed in the commercial services division on a form provided by the business license inspector.

(Ord. 747 N.C.(2d) § 1 (part), 1984: Ord. 257 N.C. § 2.02, 1957.)

Section 103.4 and 103.5 of the Uniform Sign Code shall read as follows:

Section 103.4 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this code.

Section 103.5 Penalties.

Any person, firm or corporation violating any provision of this Code shall be deemed guilty of an infraction or a misdemeanor, as determined by the Chief Building Official, and upon conviction thereof, shall be punishable by a fine and/or imprisonment set forth by the governing laws of the jurisdiction. Each separate day or any portion thereof, during which any violation or this Code occurs or continues, shall be deemed to constitute a separate offense.

(Ord. 1358 N.C.(2d) § 2, 1996: Ord. 1245 N.C.(2d) § 2, 1992.)

The business license inspector shall approve an application if the proposed posting or placement of signs or bills complies with all of the following conditions.

1.

The building inspector finds that the method of affixing the sign and supporting structure are adequate to insure no hazard to persons and property;

2.

The police chief finds that the placement of the sign will offer no hazard or impediment to pedestrian or vehicular traffic;

3.

The fire chief finds that the placement of the sign will create no fire hazard nor any impediment to fire prevention or firefighting measures;

The person applying is nonprofit;

5.

The text of the sign promotes a nonprofit or eleemosynary purpose or promotes a public service; and

6.

The text of the sign is not political.

B.

The business license inspector shall approve an application if the proposed painting or placement of street or house numbers on curbs complies with all of the following:

1.

The public works director finds that the proposed colors and materials to be used in painting or placing the numbers are consistent with colors used for this purpose throughout the city and that the materials used will last for a tenable period of time; and

2.

The person applying is nonprofit, elderly or disabled. For purposes of this subsection, "elderly" means a natural person who is sixty-two years of age or older; "disabled" means a natural person who provides a doctor's certificate or a certificate from Social Security or other similar governmental agency, indicating that the person has an impairment which temporarily or permanently impedes the person's ability from holding full-time employment.

(Ord. 747 N.C.(2d) § 1 (part), 1984: Ord. 257 N.C. § 2.03, 1957.)

The business license inspector shall deny every application which fails to comply with the requirements of Section 12.36.040.

(Ord. 747 N.C.(2d) § 1 (part), 1984: Ord. 257 N.C. § 2.04, 1957.)

Nothing in Sections 12.36.010 through 12.36.050 shall apply to any public officer placing or displaying a legal notice as provided by law on public property.

(Ord. 257 N.C. § 3.00, 1957.)

Pursuant to Article 2, of the California Penal Code, which is adopted and made a part hereof as if fully set out in this chapter, it is a misdemeanor for any person to place or maintain, or cause to be placed or

maintained without lawful permission upon any property of the state, or of a city or of a county, any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising or which advertises or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away. Any person, firm or corporation violating this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine as set forth by the governing laws of the city.

(Ord. 1454 N.C.(2d) § 2 (part), 2001.)

The director of public works, the development services director or their authorized agents, shall remove any signs, street numbers or bills found posted, placed or painted in violation of Sections 12.36.003 through 12.36.060.

(Ord. 1454 N.C.(2d) § 2 (part), 2001.)

When the director of public works, the development services director or their authorized agents find that a sign, street number or bill is found to be posted, placed or painted in violation of Sections 12.36.003 through 1236.060, attempt shall be made to contact the party responsible for the sign, street number or bill. If successful, the directors or their agents shall give twenty-four hours advance notice by telephone of the directors' or their agents' intention to remove the sign, street number or bill. If, after such notification, the illegal sign, street number or bill remains in violation, or if after reasonable diligence, the directors or their agents are unable to contact the responsible party, the city may dispense with notice requirement and remove the sign. The directors or their agents shall remove the sign, street number or bill and collect the entire cost and expense thereof from the responsible party and/or may issue administrative citations and/or pursue other criminal or legally established procedures.

(Ord. 1454 N.C.(2d) § 2 (part), 2001.)

II. - Street Banner Signs

Street banner signs may be permitted on public property upon issuance of an administrative permit pursuant to Chapter 16.96 and subject to the criteria established by the development services director and director of public works.

(Ord. 1454 N.C.(2d) § 2 (part), 2001.)

III. - Posting Political Campaign Signs

Unless it appears from the context that a different meaning is intended, the following words have the meanings given them in this section:

A.

"City" means the city of Vallejo, a municipal corporation in the state of California.

B.

"Director of public works" means the city engineer/director of public works of the city of Vallejo.

C.

"Person" means any person, firm, partnership, association, corporation, company, or organization of any kind.

D.

"Political campaign sign" means any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not include any billboard owned or maintained by a commercial firm or advertising company.

E.

"Sign" includes any bill, poster, placard, handbill, flyer, painting, sign or other similar object in any form whatsoever which contains printed or written matter in words, symbols, or pictures, or in any combination thereof.

(Ord. 742 N.C.(2d) § 1 (part), 1984: Ord. 457 N.C.(2d) § 1, 1978: Ord. 358 N.C.(2d) § 2 (part), 1977.)

The city council makes the following findings regarding the subject of political campaign signs:

A.

Individuals who are political candidates are possessed with important rights, which include the right to vote, to run for public office, to travel, and to address their appeals to the voters.

B.

The public is possessed with the important right of safe and unobstructed travel over the public rights-ofway.

C.

It is necessary as a matter of public policy that the buildings and grounds of public agencies maintain a strict appearance of neutrality during political campaigns.

D.

The substantial possibility exists of a proliferation of political campaign signs in the city over extended periods of time with the attendant traffic safety, litter, structural hazards, and loss of meaning of the message conveyed by said signs, in the absence of any regulation of such signs.

E.

A compelling need therefore exists for a reasonable system of regulation of political campaign signs in order to protect the rights and advance the concerns stated hereinabove.

(Ord. 74, N.C.(2d) § 1 (part), 1984: Ord. 457 N.C.(2d) § 2, 1978.)

12.36.090 - Posting in certain public places prohibited.

It is unlawful for any person to post, place or affix a political campaign sign:

A.

On any building owned, opted, or leased by a public agency;

B.

On or within the confines of any public park, recreation area, or other type of landscaped ground owned or operated by the city or other governmental agency, or upon any flagpole or tree owned by a public agency;

C.

On any traffic-control sign or device, such as stoplights and their standards, stop signs, yield signs, oneway street signs, or any other type of sign or device which directs traffic, or on the supporting post of such sign;

D.

Which in any way blocks the view of a traffic-control sign or device by motorists or pedestrians in such a manner as to create a hazard;

E.

Which in any way poses a hazard to motorists, pedestrians or cyclists using the public rights-of-way, such as not being high enough to allow pedestrians or cyclists to pass by unobstructed, or protruding into a street or sidewalk in such a manner as to interfere with the safe passage of the public.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 457 N.C.(2d) § 3, 1978.)

It is unlawful for any person to post a political campaign sign more than ninety days prior to the election for which the sign is posted, and to fail to remove a political campaign sign within thirty days after the election for which the sign was posted.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 358 N.C.(2d) § 2 (part), 1977.)

The director of public works, or his authorized agents, shall remove any political campaign sign found posted within the corporate limits of the city which is in violation of Sections 12.36.090 or 12.36.100.

(Ord. 742 N.C.(2d) § 1 (part), 1984: Ord. 358 N.C.(2d) § 2 (part), 1977.)

For the purpose of removing political campaign signs, the director of public works or his authorized agents are empowered to enter upon the property where the signs are posted, and the director is further authorized to enlist the aid or assistance of any other department of the city and to secure legal process to the end that all such signs shall be expeditiously removed from any property where posted.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 358 N.C.(2d) § 2 (part), 1977.)

When the director or his agents find that a political campaign sign has been posted in violation of Sections 12.36.090 or 12.36.100, he shall attempt to contact the candidate, committee, or person responsible for the posting of such sign. If successful, he shall give twenty-four hours' advance notice by telephone of his intention to remove the sign, indicating the nature of the violation and the location of the sign. If, after such notification, the illegal sign remains in violation, the director or his agents shall remove the sign and store it

in a safe location. If, after reasonable diligence, the director is unable to contact the candidate, committee, or person responsible for the sign, he may dispense with the notice requirement and remove the sign, storing it in a safe location.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 358 N.C.(2d) § 2 (part), 1977.)

If the director or his agents remove any political campaign sign, he shall keep a record of the location from which the sign was removed. He shall store the political campaign sign in a safe location for at least ninety days, and shall immediately notify by telephone the candidate, committee, or person responsible for the posting of the sign, indicating the fact of removal and the location where it may be retrieved. If the director is unable to make telephone contact, he shall provide written notice, if the address of the candidate, committee, or person is known or can be ascertained. The director shall return any political campaign sign upon the payment of a fee of five dollars for each sign to cover the costs of removal. notice and storage.

(Ord. 742 N.C.(2d) § 1 (part), 1984: Ord. 358 N.C.(2d) § 2 (part), 1977.)

The city shall be entitled to receive the sum of five dollars for every political campaign sign removed by the director to cover the expense of removal, notice and storage. In cases where unusual effort is needed to remove a sign, such as the cutting or removal of supporting structures, use of aerial devices, towing of trailer signs, or other unusual situation, the city shall collect from the person responsible a sum sufficient to cover the costs and hourly wages of employees so utilized.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 358 N.C.(2d) § 2 (part), 1977.)

In a campaign for political office, the candidate for such office is the person responsible for the posting of political campaign signs, unless he first notifies the city clerk and the director of public works of another person who is responsible. In such case, the candidate shall provide the name, address, telephone number, and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president of the committee supporting or opposing such ballot measure is responsible, unless he first notifies the city clerk and director of public works of some other person who is responsible, in the manner described in this section. The candidate, or in the case of a ballot measure, the committee president, or other responsible person if so designated shall be liable to pay any fees or costs for the removal and storage of illegal signs, as set out in this section. Further, such candidate, committee president, or other designated person shall be subject to criminal prosecution for violation of Sections 12.36.090 or 12.36.100.

(Ord. 742 N.C.(2d) § 1 (part), 1984: Ord. 358 N.C.(2d) § 2 (part), 1977.)

Political campaign signs in violation of Sections 12.36.090 or 12.36.100 are public nuisances and may be abated by the city. The collection of removal fees shall not preclude the city from criminally prosecuting any person in violation of these sections.

(Ord. 742 N.C.(2d) § 1 (part), 1984; Ord. 358 N.C.(2d) § 2 (part), 1977.)

Chapter 12.40 - EXCAVATIONS, GRADING AND FILLING