HomeMy WebLinkAbout1994-08-02; City Council; NS-287; CMC 21.41.110-160 amends - Temporary campaign signs regulation...8
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ORDINANCE NO. NS - 3 87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
21.41 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 21.41.110 THROUGH
21.41.160 TO ALLOW AND REGULATE TEMPORARY
CAMPAIGN SIGNS.
The City Council of the City of Carlsbad, California
CARLSBAI), CALIFORNIA AMENDING TITLE 2 I, CHAPTER
ordain as follows:
SECTION 1: That Title 21, Chapter 21.41 of the Carl
Municipal Code is amended by the amendment of section 21.41.1:
read as follows:
ww21.41.110. Temporary Campaicrn Siclns--Purpose and 11
of Provisions.
It is the purpose and intent of sections 21.41
through 21.41.160 to provide an additional opportunity
political expression by allowing the placement of tempt
campaign signs in addition to the signage allowed by the <
provisions of this chapter, but to permit such uses subjec
regulations which will assure that the temporary signs wil
located, constructed and removed in a manner which will assurt
public safety and general welfare and avoid the creation
public nuisance caused by the proliferation of temporary : which would be offensive to the senses and interfere witf
comfort and enjoyment of life or property."
SECTION 2: That Title 21, Chapter 21.41 of the Car:
Municipal Code is amended by the amendment of section 21.41.1
read as follows:
gg21.41.120. Temporary Campaiqn Sicrns--Permitted wl
Reaulations Generally.
Notwithstanding any other provisions of this cha]
temporary campaign signs are permitted in any zone listed i:
city subject to the regulations set forth in Sections 21.4
through 21.41.160.m1
SECTION 3: That Title 21, Chapter 21.41 of the Car
Municipal Code is amended by the amendment of section 21.41.1
read as follows:
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~~21.41.130. Temporary Campaiqn Siqns--SizeRequlatic
Residential Zone Reuulations.
No temporary campaign signs shall be located in any
in the city unless they shall conform to the follc
regulations:
(a) No sign shall exceed the size limit establishc
this section for the zone in which it is located:
(1) Any residentially zoned property includins not limited to R-1, R-2, R-3, R-P, R-T, RMfIP and R-DM--six SC
feet .
(2) Any commercially or industrially zoned pro1
except R-P--sixteen square feet.
(3) Notwithstanding subparagraph (1) or (2), no
located in the public right-of-way shall exceed six square i
(b) Double faced signs as defined in this chapter mi
permitted.
(c) Signs on private property must be posted at :
five feet from the front property line; provided further, thi
the case of corner lots, such signs must be placed at least
feet from the property lines of the intersecting streets, anr
signs shall be located at least five feet from side pro]
lines .
(d) No sign shall exceed three and one-half fee
height in the front setback area. No signs shall exceed six
in height in any area unless the sign is attached flush tc
building. The measurement shall be taken from the ground lev
the top of the sign. In no event shall a sign exceed the hc
of the building to which it is attached.
(e) The total area of all temporary campaign signs
single lot or parcel of property shall not exceed the 1: established by subsections (a) (1) and (a) (2) .@@
SECTION 4: That Title 21, Chapter 21.41 of the Car,
Municipal Code is amended by the amendment of section 21.41.1
read as follows:
"21.41.140. Temporary Campaicrn Sicrns in Public Riqh'
Way .
Notwithstanding any other provision of this cod
temporary campaign sign may be placed in the public right-o
adjacent to a public street in commercially or industrially
areas or along prime or major arterials in residentially
areas subject to the following restrictions:
(a) No sign shall be attached to any utility pole
bench, pole or structure supporting a traffic control si5
device, or hydrant.
(b) No sign shall be placed on any tree or shrub b
nail, tack, spike or other method which will cause physical
to the tree or shrub.
(c) No sign shall be placed in such a manner i
obstruct the public use of the sidewalk or interfere wit1
visibility of persons operating motor vehicles or constiti
hazard to persons using the public road right-of-way.
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(a) No sign shall be placed in the roadway or 01
sidewalk.
(e) No sign shall be placed in that portion oi
public right-of-way or easement past the sidewalk without
consent of the adjoining property owner or person in possessi
different than the owner."
SECTION 5: That Title 21, Chapter 21.41 of the Car:
Municipal Code is amended by the amendment of section 21.41-1
read as follows:
"21.41.150. Temporary Campaiqn Siqns--Time Limit
Temporary campaign signs may be posted not more
Postincr and Removal.
thirty days prior to the date of an election and shall be re1
within ten days immediately thereafter."
SECTION 6: That Title 21, Chapter 21.41 of the Car
Municipal Code is amended by the amendment of section 21.41.11
read as follows:
"21.41.160. Temporary Campaiqn Sicrns--6isn PC
Rewired-Scope-Removal Authorized when,
The procedure for the approval of temporary cam1
signs is as follows:
(a) The zoning enforcement officer shall notify
following of the temporary campaign sign requirements as pro7
herein:
(1) Local election:
(A) Candidates for local or county office,
(B) Chairpersons of campaign committees fc
against any measure appearing on the ballot for a local or cc
election;
(2) State or national office:
(A) Candidates for state or national office ax
their local campaign committee chairpersons;
(B) State chairpersons and/or local chairpel
of campaign committees for or against any measure appearing 01
ballot for statewide election.
(b) Prior to the posting of any temporary cam1
signs, the candidate, the chairperson of a campaign committd
any other person designated by the candidate or chairperson wl
responsible for the posting of said sign, shall obtain a tempc
campaign sign permit. The permit, on a form prescribed by t
Community Development Director or his designee, shall includs
name, address and phone number of the candidate or camg
chairperson and any person responsible for the posting of si The permit shall be signed by the candidate, chairperson or pe
responsible for the.posting of the signs.
at the time the application for the permit is made. The fee s
(c) A fee set by city council resolution shall be
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be used to defray the cost of issuing the permit and administt
Sections 21.41.110 through 21.41.160.
(d) A deposit of two hundred dollars shall be pad
the time the permit is issued. In addition to any other remec
temporary campaign signs erected or maintained in violatic
this chapter, shall be deemed to be a nuisance and abanc
subject to injunctive relief and waste matter as defined in 1
Code section 374 and subject to immediate removal and criI
penalties for littering under Penal Code section 374.4. deposit shall be refunded to the permittee within five days z
the removal of the permittee's temporary campaign sign or si
If the permittee does not remove the signs as required by Sec
21.41.150, the signs may be removed by the Community DeveloI Director or his designee without further notice. The deposii
be used to defray the cost of removal. The Community DeveloI
Director or his designee may also charge any expense incl
hereunder to the permittee after complying with the provisio~
Sections 18.20.080(c) of this code. Any candidate or cam1
committee which is able to show financial inability to pal
deposit required by this subsection may request a waiver fro1
city council.
(e) The Community Development Director or his des:
is hereby authorized, after giving two days written notice tc
person or persons who signed the sign permit, to remove
temporary campaign signs that do not conform to the stanc herein provided. If the owner or occupant of the propert which the sign is located is present, the zoning enforcc officer shall inform him of the intention to remove the sig~
the possibility of the charges for removal of the sign. The
of such removal may be charged to the permittee as provide
Section 18.20.080(c) of this code.
destruction or tampering with signs permitted under this sec without the permission of the owner is prohibited. (9) Violation of sections 21.41.110 through 21.4: shall be a misdemeanor punishable by a fine not exceeding $: or six months in the county jail, or both.ll
(f 1 Removal, defacement, alteration, oblitera:
EFFECTIVE DATE: This ordinance shall be effective tl
days after its adoption, and the City Clerk shall certifl
adoption of this ordinance and cause it to be published at :
once in a newspaper of general circulation in the City of Car:
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting oj
Carlsbad City Council on the 26th day of JULY
1994, and thereafter
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1 PASSED AND ADOPTED at a regular meeting of said
2 Council of the City of Carlsbad, on the 2nd day of
3 AUGUST R 1994, by the following vote, to wit:
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Fi
NOES:: None
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ABSENT : None 0" E- r"Q,
RONALD R. BALL, City Attorney
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ATTEST:
2- AIIETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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