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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Terri Rahhal, City Planner
Subject: 2nd Reading of an Ordinance Repealing Section
8.15.130 and Adopting a New Chapter 16.18 of the San
Bernardino Municipal Code Regarding Unauthorized
Signs on Public Property.
Dept: Community Development
Date: December 13,2010
MCC Date: December 20, 2010
Synopsis of Previous Council Action:
12/6/2010 - Mayor and Common Council heard the item, closed the public hearing, and laid the
Ordinance over for fmal adoption.
Recommended Motion:
That the Ordinance be adopted.
7/C~
Terri Rahhal
Contact Person: Terri Rahhal, City Planner
Phone: 3330
Supporting data attached:
Staff Report
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/ A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
2nd Reading of an Ordinance Repealing Section 8.15.130 and Adopting a New Chapter 16.18 of
the San Bernardino Municipal Code Regarding Unauthorized Signs on Public Property.
Back2round:
This item was heard on December 6, 2010. Back-up materials were distributed with the
December 6,2010 agenda.
The Ordinance provides additional definitions and enforcement procedures for removal of signs
posted illegally on public property. The Ordinance was recommended for adoption by the
Legislative Review Committee on November 16, 2010. On December 6, 2010, the Mayor and
Council voted to approve the Ordinance and laid it over for final adoption. Councilwoman
McCammack voted against adoption of the Ordinance, stating that she supported it in concept,
but did not consider the penalties for posting illegal signs to be adequate.
Recommended Motion:
That the Ordinance be adopted.
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CITY OF SAN BERNARDINO REQU~ST FOR COUNCIL ACTION
From: Terri Rahhal, Deputy
Director/City Planner
Dept: Community Development
Subject:/An Ordinance Repealing Section 8.15.130
and Adopting a New Chapter 16.18 of the
San Bernardino Municipal Code Regarding
Unauthorized Signs on Public Property.
Date: November 17, 2010
MCC Date: December 6,2010
Synopsis of Previous Council Action:
11-16-2010
10-04-2010
05-18-2009
Legislative Review Committee recommended adoption.
Mayor and Common Council referred to Legislative Review Committee.
Mayor and Common Council adopted an unauthorized sign removal permit
fee through the Master Fee Resolution (Reso. No. 2009-122).
Recommended Motion:
That said Ordinance be laid over for final adoption.
7ce~
Terri Rahhal
Contact Person: Terri Rahhal
Phone: 5057
Supporting data attached:
Staff Report; Ordinance
Ward(s): Citywide
FUNDING REQUIREMENTS:
Amount: N/A
Source:
Acct. Description:
Finance:
Council Notes:
Agenda Item No. J(P
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
An Ordinance Repealing Section 8.15.130 and Adopting a New Chapter 16.18 of the San
Bernardino Municipal Code Regarding Unauthorized Signs on Public Property.
Back2round:
Section 8.15.130 of the San Bernardino Municipal Code is entitled Posting Notices Prohibited,
and states that it is unlawful to post any kind of notice or sign on public property, including
utility poles. The difficulty with enforcement is that the signs and notices are then posted without
being observed by any City workers and the company that produced or posted the signs cannot
be identified.
The proposed Chapter 16.18 of the Municipal Code will be entitled, Unauthorized Signs on
Public Property. It includes definitions and expands upon the prohibition of placing notices on
public property. In particular, it defines a "responsible party" as the owner or lessee of property
that is being used for the event or activity as advertised on the sign or notice. In addition, it
allows Code Enforcement to recover the costs of unauthorized sign removal from the
"responsible party." Based on discussions with staff in other jurisdictions with similar
ordinances, the ability to charge removal costs is a huge deterrent to repeat offenses.
On August 26,2010, Code Enforcement removed approximately 1,600 illegally placed signs in
the public right-of-way along the most frequently traveled primary and secondary arterials. Code
Enforcement went out again on November 9,2010 and removed 1,648 illegally placed signs.
This item was scheduled for consideration at the Mayor and Common Council meeting of
October 4,2010 and referred to the Legislative Review Committee (LRC). On October 19, 2010,
staff met with staff from the City Attorney's Office to discuss the proposed ordinance. A revised
draft was distributed to the LRC at their meeting that same day. The LRC continued the item to
allow more time to review proposed changes. Councilmembers Marquez, Shorett, and
McCammack were present.
At their meeting of November 16,2010, the LRC discussed the revised draft ordinance and
recommended that it be adopted by the Mayor and Common Council with a few non-substantive
changes. Counci1members Marquez and Shorett were present and Councilmember McCammack
was absent.
On May 18, 2009, the Mayor and Common Council adopted an unauthorized sign removal
permit fee through the Master Fee Resolution. However, the fee was not effective until the
effective date of adoption of this ordinance.
Financial Impact:
The fee of$100 per sign has been previously established, and the 2010-11 budget assumes
revenues of$100,000 from implementation of this ordinance.
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Recommended Motion:
That said Ordinance be laid over for final adoption.
Exhibits: Ordinance
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ORDINANCE NO.:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 16.18 TO THE SAN BERNARDINO
MUNICIPAL CODE REGARDING UNAUTHORIZED SIGNS
ON PUBLIC PROPERTY AND REPEALING SECTION
8.15.130.
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WHEREAS, the City of San Bernardino has an ongoing and serious problem with businesses
posting signs on public property creating a public nuisance and blight throughout the City; and
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WHEREAS, the Mayor and Common Council of the City of San Bernardino find that it is
necessary to hold owners and/or businesses that profit from these unauthorized signs
responsible for the cost of removal of these unauthorized signs.
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NOW THERFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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Section 1. Chapter 16.18 of Title 16 of the San Bernardino Municipal Code is hereby added
to read as follows:
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Chapter 16.18
UNAUTHORIZED SIGNS ON PUBLIC PROPERTY
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16.18.010
16.18.020
16.18.030
16.18.040
16.18.050
16.18.060
16.18.070
Definitions.
Prohibitions.
Abatement.
Cost of Removal.
Collection of costs.
Violation - Penalty.
Appeal
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16.18.010 Definitions.
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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.
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A. "Code" means the San Bernardino Municipal Code.
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B. "Development Code" means Title 19 of the San Bernardino Municipal Code.
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C. "Director" means the Director of Community Development or hislher designee.
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D. "Responsible Party" means 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:
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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.
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.
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E. "Sign" means 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.
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16.18.020 Prohibitions.
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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:
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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 of San
Bernardino, in writing, prior to such placement; or
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.
"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; or
Placement is otherwise permitted by the Development Code or other applicable
law of the City of San Bernardino.
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2.
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3.
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16.18.030 Abatement
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A violation of this chapter shall constitute a public nuisance. The Director is hereby 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.
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16.18.040 Costs of Removal.
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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 Common Council.
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16.18.050 Collection of Costs.
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Unpaid costs of removal shall be a debt to the City and subject to all remedies for debt
collection as allowed by law.
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16.18.060 Violation - Penalty.
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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.
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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.
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Section 2. San Bernardino Municipal Code Section 8.15.130 is hereby repealed.
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Section 3. In the event that any provision of this Ordinance, or any part thereof, or any
application thereof to any person or circumstance, is for any reason held to be unconstitutional
or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as
applied, such holding shall not affect the validity of the remaining provisions of this Ordinance,
or any part thereof, or any application thereof to any person or circumstance or of said provision
as applied to any other person or circumstance. It is hereby declared to be the legislative intent
of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or
ineffective provision not been included herein.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO
ADDING CHAPTER 16.18 TO THE SAN BERNARDINO
MUNICIPAL CODE REGARDING UNAUTHORIZED SIGNS
ON PUBLIC PROPERTY AND REPEALING SECTION
8.15.130.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on the _
day of , 2010, by the following vote, to wit:
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7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
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DESJARDINS
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11 BRINKER
12 SHORETT
13 KELLEY
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JOHNSON
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MCCAMMACK
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Rachel Clark, City Clerk
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The foregoing Ordinance is hereby approved this _ day of
,2010.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN
City Attorney
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