HomeMy WebLinkAboutMC-1343
Adopted: December 20, 2010
Effective: January 20, 2011
1 ORDINANCE NO.: KC-1343
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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 his/her 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 ofthe 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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12 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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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 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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MC-1343
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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 20th
day of December ,2010, by the following vote, to wit:
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7 COUNCIL MEMBERS: AYES NAYS ABST AIN ABSENT
8 MARQUEZ
X
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DESJARDINS X
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11 BRINKER X
12 SHORETT ~
13 KELLEY X
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JOHNSON X
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MCCAMMACK X
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Racliel Clark, City Clerk
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The foregoing Ordinance is hereby approved this~ day of December , 2010.
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Approved as to form:
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JAMES F. PENMAN
City Attorney
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