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HomeMy WebLinkAboutSS4 - Display of Signs on the Public Right of WayCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. #SS4 (February 12, 2008) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Office of the City Attorney Robin L. Clauson, City Attorney (949) 644 -3131 rcla uson(a) city. newport- beach. ca. us Catherine Wolcott, Deputy City Attorney (949) 644 -3131 cwolcott OC2citv.newoort- beach.ca.us SUBJECT: Display of Signs on the Public Right of Way and Other City Property ISSUE: 1) Chapter 20.67 codified regulations for signs displayed on private property. Should the City Council adopt a new ordinance regulating signs on City property and the public right of way? 2) Council Policies L -16, K -11 and B -14 provide for limited display of temporary signs and banners by designated speakers for speck City - sponsored or co- sponsored events. Should the City Council combine the three policies into one policy that addresses all temporary signs and banners permitted on public property, and make certain minor changes for consistency with current and proposed Municipal Code provisions and current federal court interpretations of the First Amendment? RECOMMENDATION: 1) Direct staff to prepare ordinance for regular session. 2) Direct staff to prepare revised Council Policy L -16 for regular session. 3) Provide policy direction to staff regarding the establishment of additional limited public forums for certain categories of speakers currently posting temporary banners in traditional public forum areas of public property. Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 2 DISCUSSION Background: The City of Newport Beach has the responsibility to balance the public's right to free speech with the protection of the City's unique character and aesthetic standards. It also has an obligation to enhance traffic safety wherever possible to protect persons and property within the City. To address this complex mandate, the City embarked several years ago on a long -term project intended to comprehensively address sign issues within the City. In the course of updating the City's sign regulations, the City received extensive input from residents and business owners on the subject of signs. A citizen committee was formed, and after much study, clear directions were given to staff on the physical environment the citizens wanted to create and maintain throughout the City. The quality and amount of signage the citizens wanted to see was also addressed. During that process, the citizen committee agreed that it very important to 1) limit commercial signage to the actual site of the business (onsite signs only), and prohibit billboards entirely, and 2) maintain an environment that was as uncluttered as possible. In the public property setting, signs were addressed by the former provisions of Title 20, which had long prohibited any private party signs in the public right of way (with a few permitted exceptions.) The City consistently enforces this prohibition once aware that signs have been illegally placed on public property. The City Attorney's Office became involved in the Sign Code review process to ensure that all portions of the Municipal Code dealing with signs were constitutionally defensible. Signs are speech, and most speech is constitutionally protected at varying levels. Because of the complexity and national scope of the federal case law affecting speech, outside counsel specializing in legal issues relating to signs has been periodically consulted over the course of the Sign Code project to further ensure compliance with constitutional requirements. In October, 2005, the City Council adopted the first phase of this comprehensive review by amending Chapter 20.67 of the Newport Beach Municipal Code to adopt extensive and detailed regulations on signs located on private property within the City. Discussion: At present, provisions limiting signs on City property are located in three sections of the Municipal Code. Section 20.67.090 (B)(1) states, "Signs are allowed on private property only and shall not be placed in public rights -of -way or at off -site Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 3 locations." Section 5.42.130 (Posting on Public Property) requires that "[n]o person ... shall place or fasten any handbill, sign, poster or notice of any kind on any lamp post, pole, hydrant, bridge, wall, tree or other object in any place except as may be required or allowed by law." Section 5.42.140 (Posting on Street) provides, `No person shall erect or construct any billboard or sign upon any street, sidewalk or public right -of -way, or cause the same to be done, except as may be required or allowed by law." These restrictions will suffice to protect City property if necessary, but it is legally advisable to clarify and more fully integrate the City's long -held standards into the Municipal Code in expanded, clearly constitutional detail. Clearer and more detailed regulations will also complement the purpose and intent of the new Sign Code provisions in Chapter 20.67. Therefore, following the adoption of new Chapter 20.67, we began the process of drafting an ordinance to regulate signs on City property that clarified and more fully integrated the standards the City had always applied to signs in its proprietary capacity. That ordinance is attached hereto and submitted to the City Council for its review. In addition, there are three Council Policies that staff recommends be combined into one Policy and slightly amended as part of this process. Council Policy L -16 (Temporary Banners Extending Over the Public Right -of -Way), Council Policy K- 11 (Temporary Signage for City- Sponsored, Co- Sponsored or for Non - Profit and Charitable Organizations and Events), and Council Policy B -14 (Temporary Signs with Sponsorship Recognition in City Parks and Beaches), all have limited provisions for display of temporary signs and banners on public property. The amendments are necessary to bring the Policies into conformity with First Amendment law, reflect 2005 and proposed 2008 changes in the Sign Code, and describe the situations in which temporary banners on City property will be permitted more accurately. Proposed language for revised and expanded Council Policy L -16 is attached. Staff also requests policy direction from the City Council regarding limited display of temporary banners on certain parks and street median locations, promoting special events sponsored or co- sponsored by the City and non -profit organizations. Authority: Although complex, much of the law affecting signs is very clear. The City has broad authority to regulate and restrict signs on its property, so long as those restrictions are not based on the content of the signs' messages. When drafting restrictions on speech in a public property setting, the City must first identify the following items: Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 4 1. Identify the Government Interest -- In order to pass constitutional muster, restrictions on signs must be enacted in furtherance of some legitimate, substantial or significant government interest. Many courts, including the U.S. Supreme Court, have stated that traffic safety and community aesthetics are substantial, legitimate government interests if a city has found and declared them to be so, and that these interests can justify many restrictions on signs, including prohibiting billboards and other offsite signs. 2. Identify the Forum — The location that the City is regulating becomes particularly important when dealing with public property. The degree to which the City can restrict speech on its property depends on what sort of property, or forum, the speaker is attempting to use. ■ In traditional public fora (streets, sidewalks and parks are the classic example), government can only restrict speech with reasonable time, place and manner restrictions that are neutral as to the content of the speech. The restrictions must serve a significant government interest and leave open ample alternative means of communication. The portion of the attached ordinance regulating the location and size of personally attended noncommercial signs is an example of this sort of regulation. ■ Designated public fora are areas of public property which are not traditional public fora, but which a government entity has intentionally opened up for speech purposes. When a government entity intentionally opens that forum for general speech, it must be treated like a traditional public forum. If, for example, the City Council decided to establish a bulletin board inside the Council chambers as a designated public forum, it could specify the size of notices the public posted there, and whether or not notices would be limited to noncommercial speech. It could not, however, limit the topics for discourse to just one category of noncommercial speech, such as City- related topics. ■ Nonpublic fora or limited public fora can be any public property that is not traditionally used for public speech, and that has not been intentionally opened up for public discourse by the controlling government entity, but on which government has chosen to allow some limited speech. Some courts have described fora created by city banner programs as limited public fora. In a limited public forum, the government can properly limit the speaker and the subject of the discourse as long as the restriction is 1) reasonable and 2) viewpoint - neutral. An example Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 5 of viewpoint discrimination in a nonpublic or limited public form would be a city issuing a banner permit for a special event raising funds for a political party or position, but refusing to issue a comparable banner permit for a special event raising funds for an opposing party or position. Other unique features of the nonpublic form are that the government entity can choose to allow only commercial speech there, and it can also prohibit certain classes of advertising, such as "low- caliber' advertising (pawn shops, liquor stores, escort services, etc.). ■ Non -fora are public properties on which speech is not permitted, and does not have to be permitted. City Hall, OASIS, public libraries, fire stations and other governmental buildings with a particular governmental function, as well as utility poles, fire hydrants and parking meter poles are not forms — unless the City chooses to open them up for speech at some level or other, in which case it would be treated as a nonpublic, limited or designated form. The City has no obligation to allow commercial speech in any form area of its own property at all, although it may choose to do so in certain venues (such as Street Furniture Agreements.) The City may use City property for its own speech purposes. It may also prohibit the posting of private party temporary signs even in the traditional public forum areas, places such as streets, sidewalks and parks, so long as adequate alternative opportunities for speech remain there. Proposed Council Policy Changes: There are three Council Policies that create limited speech opportunities for non- commercial, non -City speech on public property. 1. Council Policy L -16 effectively creates a limited public forum for banners on some of its utility poles, which can be used only by non -profit or charitable organizations in conjunction with promotion of community -wide special events sponsored or co- sponsored by the City. 2. Council Policy K -11 permits temporary signage on public property for non- profit or charitable organizations' special events sponsored or co- sponsored by the City. The current wording of the Policy contains out -of- date references to off -site signs and banners which should be removed, and does not allow staff to clearly designate the locations of the limited public forums. Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 6 3. Council Policy B -14 provides for display of sponsorship banners for City - sponsored sports programs such as Little League baseball and AYSO soccer. The Recreation and Senior Services Department's current written internal procedures follow the correct procedure for establishing and administering a limited public foram, which include a written document which clarifies that the banners are permitted only on fixtures in designated areas, and requiring an application to display the banners in writing. The attached revised Council Policy L -16 combines the provisions of the three Council Policies above into a single Policy, and includes changes that make the Policy consistent with current Municipal Code provisions and First Amendment requirements. Council Policy - Recommended Actions: The City may decide to leave most or all of its buildings and fixtures as non -fora, with no private party signs at all. While doing this, it can also create limited public fora for certain types of speech and speakers, and continue to prohibit all temporary signs and banners on the traditional public forum areas of streets, sidewalks and parks. In order to accomplish this legally, however, it must allow the limited temporary signs and banners only on fixtures, such as fences, poles and structures. If the temporary signs and banners are directly posted in the traditional public forum areas of streets, sidewalks, medians, parkways and parks, it undermines the required content- neutrality of the City's regulations. The City cannot permit one class of noncommercial speaker (such as non - profit organizations announcing special events) to post signs in the traditional public forum area, and prohibit all other noncommercial speakers (such as religious or political speakers) from posting signs in the traditional public forum areas. The current City practice is to prohibit all temporary noncommercial signs from the sidewalks, parkways and median, but permit temporary banners announcing certain special events sponsored by non - profit organizations in traditional public forum areas such as the median at Marguerite and the Pacific Coast Highway, or Marguerite and Fifth Street in Corona del Mar. Unless the banners' mounting pole structure is considered a City fixture, this is not consistent with First Amendment law. Staff recommends that if the City Council wishes to continue to allow non - profit groups to continue to announce community events such as the Sandcastle Building contest or Newport Beach Restaurant Week in these venues, structures that are more clearly City fixtures be created at these and other locations. Limited public forums can be created on the fixtures, and the information can be conveyed in a manner that is arguably safer and more aesthetically attractive than the current temporary banners. Staff from the City Manager's Office, the Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 7 City Attorney's Office, the Public Works Department, the Recreation and Senior Services Department, and the General Services Department have discussed options ranging from permanent poles to electronic monument signs. Staff believes the permanent electronic monument signs, with copy changing not more than twice in any 24 -hour period, offer the best combination of features for traffic safety, landscape maintenance, attractiveness, and functional ability to transmit City and community non - profit event information. Staff requests that the City Council review this issue and provide policy direction to staff. Proposed Ordinance: The proposed ordinance provides speech opportunities in the traditional public forum areas by allowing temporary noncommercial signs in the public right of way and other traditional public forums, so long as they are held or otherwise personally attended by a person or persons outside the areas that must remain sign -free for safety reasons. Newport Beach Municipal Code Section 5.42.100 authorizes distribution of handbills and leaflets, and Chapter 20.67 supplies more alternative opportunities for speech by allowing temporary noncommercial signs on private property all year long. Federal case law also allows the City to protect the privacy and quiet enjoyment of a resident's home by adopting ordinances prohibiting focused picketing. Focused picketing is picketing that focuses on a single residence, conducted on public property immediately adjacent to the individual home or residence.' Staff believes it is important to adopt what protection federal law allows the City to give its residents. Therefore, a prohibition on focused picketing is included in the ordinance. Recommended Action: The City Attorney's Office and representatives of other City departments affected by sign issues requests that Council retain the long- standing prohibition on signs on public property. Even with proper regulation, staff has found that temporary signs within the City have a tendency to proliferate unless the City provides strong regulation and consistent enforcement. Department Input: 1. General Services and Code Enforcement — General Service staff is concerned about landscaping and irrigation system damage and vehicular and pedestrian safety concerns, both when signs are displayed and when signs are placed on public property. There are also safety concerns when staff is required to stop City service vehicles to retrieve signs from This does not prohibit picketing throughout a neighborhood or a single block. Display of Signs on the Public Right of Way and other City Property February 12, 2008 Page 8 medians and other areas adjacent to streets. In past elections, General Services has spent approximately $2,300 per month conducting daily sweeps for signs and sign storage and retrieval. Code Enforcement and Parks Patrol staff also incur risks and significant extra man hours removing signs from public property during election seasons. 2. Public Works — The placement of unregulated temporary signs within the public right of way is problematic in several ways. As the City's regulator of encroachments in the public way, the Public Works Department reviews all proposed encroachments with respect to traffic safety and preservation of public infrastructure. Improper installation of temporary signs can damage landscape, irrigation, signing, streetlight and signal poles, and other roadside infrastructure. Traffic safety is a key concern as the unregulated placement of temporary signs can block critical sight distance at intersections and driveways and distract the traveling public which impedes safe operation. In addition to these safety issues, temporary signs can cause traffic congestion as well as resultant accidents due to the sudden slowing of motorists that try to read temporary signs with undersized lettering. State law and industry design standards dictate the colors, shapes, lettering size, and correct placement for properly engineered highway signing. To provide the safe installation of temporary signs within the public right of way, Public Works would need to review and permit every sign at every location to ensure compliance to these standards and regulations. In conclusion, we quote from the decision in Sussli v. City of San Mateo, a 1981 case in which the California Court of Appeals reviewed a sign code with regulations on temporary noncommercial signs similar to those proposed by staff. "Thousands of tattered derelict signs from past elections testify to the difficulty of protecting public property from unsightly signs even where laws forbid public posting. Without such laws one foresees an absolute end to the already eroded aesthetic integrity of public places in a tidal wave of publicly sponsored graffiti." P red by: Catherine Wolcott, Deputy City Attorney Attachments: Ordinance Council Policy L -16 F: \users\ cat\ shared\ CCStaflReports \SignCode \StaflReport.doc Sub by: Robin Clauson City Attorney Public Property Sinn Code Draft 02/01/08 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RELATED TO THE POSTING AND HOLDING OF SIGNS IN THE PUBLIC RIGHT OF WAY AND OTHER CITY PROPERTY. The City Council of the City of Newport recognizes that its streets, sidewalks and parks are traditional public forums, and that it has both a duty to provide adequate channels for public speech in these areas, and a responsibility to regulate them accordingly. In addition, the City Council recognizes that it has a responsibility to regulate signs on all public property to protect the important government interests of safety and aesthetics. NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY ORDAINS as follows: SECTION 1. Chapter 13.25 is hereby added to Title 13 of the Newport Beach Municipal Code to read as follows: Chapter 13.25 USE OF PUBLIC PROPERTY: SIGNS Sections: 13.25.010 Capacity and Scope 13.25.020 Findings and Purpose 13.25.030 Definitions 13.25.040 Intent as to Public Forum 13.25.050 Posting of Temporary Signs Prohibited on City Property 13.25.060 Exceptions and Exemptions 13.25.070 Illegal Signs 13.25.080 Severability 13.25.010 Capacity and Scope In adopting this Chapter, the City Council acts in its proprietary capacity as to City property within the City boundaries. This Chapter states the policies and regulations for private party display of signs on City property. Signs posted on private property within the City are regulated by Newport Beach Municipal Code Chapter 20.67 (Sign Code). Signs held or personally attended by private parties on City property are regulated by Chapter 10.08.15. With the exception of signs on leased docks, piers, floats, mooring buoys, and other structures and fixtures built, anchored or affixed on, over or in navigable waterways or tidelands, signs on Leased City Property are regulated by the provisions of Chapter 20.67. (Sign Code). 13.25.020 Findings and Purpose The City recognizes that its streets, sidewalks and parks are traditional public forums, and that it has both a duty to provide adequate channels for public speech in these areas, and a responsibility to regulate them accordingly. Because of the need to balance the public's right to free speech with the protection of the City's unique character and aesthetic standards, the City Council finds that proper sign control on City property is an important government interest. This interest encompasses the City's responsibility to provide adequate channels for public speech while protecting traffic and pedestrian safety and the well -being of residents, avoiding impediments to the orderly flow of traffic, preserving public vistas, and promoting tourism through enhanced aesthetic appeal and increased ability to safely and conveniently access businesses and recreational facilities within the City. Furthermore, the City Council finds that: A. A proliferation of signs posted in the public right of way and on other City property are a distraction to drivers and detract from the uncluttered and harmonious appearance of the City. B. City has an interest in and responsibility for preserving the visibility and prominence of public signs and lines of sight to further traffic safety and aesthetic considerations. C. Signs posted on poles, fixtures and other City property detract from the aesthetic appearance of the city and may cause damage to City property. D. City incurs excessive administrative burdens when it is required to monitor the placement, condition and eventual removal of signs placed on City property. E. City has no obligation to allow its property to be used for commercial private party advertising purposes. 13.25.030 Definitions For purposes of this Chapter, the following definitions shall apply: A. "City Property" means land, improvements on land, light and traffic standards, fixtures or other property owned by the City, and land, improvements on land, light and traffic standards, fixtures or other property in which the City holds the present right of possession or control, 2. land, improvements on land, or other property which the City holds in trust, and 3. all public rights of way. B. "Commercial message" shall have the same meaning as that term is defined in Newport Beach Municipal Code Chapter 20.67. C. "Leased City Property" means City property and any buildings or fixtures thereon owned by the City but leased to private parties. D. "Noncommercial message" shall have the same meaning as that term is defined in Newport Beach Municipal Code Chapter 20.67 E. "Public Right of Way" (or "PROW ") means any public way, or rights - of -way, and the space on or above it, and all extensions thereof and additions thereto, owned, operated and /or controlled by the City or subject to an easement owned by the City. PROW includes public streets, highways, roads, lanes, alleys, sidewalks, medians, parkways used by the traveling public, whether vehicular or pedestrian, located within the City. F. "Sign" means any device, fixture, picture, transparency, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or which identifies or promotes the interests of any person and which can be viewed from any public street, road, highway, right -of -way or parking area. The following are not within the definition of "sign" for regulatory purposes of this Chapter: 1. Architectural features. Decorative or architectural features of buildings, structures or fixtures; 2. Symbols embedded in architecture. Symbols of organizations or concepts when such are permanently integrated into the structure of permanent buildings, structures or fixtures, which are otherwise legal; also includes foundation stones, comer stones and similar devices; 3. Manufacturers' marks. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale; 4. Certain insignia on vehicles. On street legal vehicles, the following messages and insignia on vehicles are not regulated as signs on City property: a. License plates. b. License plate frames. c. Registration insignia. d. Street - legally affixed noncommercial messages. e. Street - legally affixed messages on a vehicle which is used in the regular course of business to transport the personnel or products, or provide the services (not including general advertising), that are advertised by the messages on the vehicle. f. Street- legally affixed commercial messages which do not exceed a total of three square feet in size, and do not exceed two message display areas per vehicle. g. Commercial messages on duly licensed mass transit vehicles that pass through the City. 5. Legally required govemmental information, such as public agency safety notices. G. "Street Fumiture Sign" means any sign painted, posted, tacked, pasted affixed or otherwise displayed on or upon a bus bench, bus shelter, or other privately owned structure or fixture located in the public right of way. H. "Traditional Public Forum" means those areas of City property that have been traditionally held in trust for the use of the public, which have been interpreted by courts to mean streets, parks, sidewalks and parkways between the street curb and sidewalk surfaces. This definition shall automatically incorporate court rulings defining the term "traditional public forum." 0 13.25.040 Intent as to Public Forum As it relates to private parties placing signs on City property, the City declares its intent that no City property shall function as a designated public forum, unless some specific portion of City property is designated herein or in Council Policies as a public forum for limited purpose or duration; in such case, the declaration as to forum type shall apply strictly and only to the specified area, time period and/or category of speech or speaker, if any. 13.25.050 Posting of Temporary Signs Prohibited on City Property A. Posting on City Property Prohibited. No person may mount, post, erect, construct, paste, paint, tack, nail or otherwise fasten or affix any sign, banner, handbill, pamphlet or notice of any kind on or to City property, or in or over any portion of the public right of way. B. Removal of Illegally Posted Signs Bearing Commercial Messages — Policies and Procedures. Any sign that is posted in violation of this Chapter shall be deemed a public nuisance and may be summarily removed and discarded by the City. C. Removal of Illegally Posted Signs Bearing Noncommercial Messages — Policies and Procedures. Any sign that is posted in violation of this Chapter shall be deemed a public nuisance, and shall be subject to removal by the City. City assumes no responsibility or liability for any damage to signs that occurs during the course of City removal and storage of such signs. Upon the first illegal posting of any temporary sign on City property, City shall provide notice that the sign has been illegally posted to the sign's owner by removing the sign and storing it for a period of two (2) weeks, during which the sign owner or his/her representatives can retrieve the sign. Signs that have not been retrieved by their owners within two weeks of the date of removal shall be deemed abandoned, and shall be discarded. 2. Subsequent illegal postings on public property of the same or similar signs by the same owner shall be deemed to have been posted by the owner with actual notice of City's intent to remove the sign. 3. Sign owners shall not receive additional notice when signs that have been previously removed, identified, stored by the City, and subsequently retrieved by their owners are posted again on City property. Such signs shall be deemed illegal and abandoned, and may be removed and discarded by the City. The City may seek reimbursement from the sign's owner for the costs it reasonably incurred in removing the sign. 4. Sign owners shall not receive additional notice when signs identical or similar to signs that have been previously removed, identified, and stored by the City are posted on City property for the first time. Such signs shall be deemed illegal and abandoned, and may be removed and discarded by the City. The City may seek reimbursement from the sign's owner for the costs it reasonably incurred in removing the sign. 13.25.060 Exceptions and Exemptions. Signage Associated with Use of City Property for Special Events. The provisions of this Chapter do not apply to signs authorized for limited periods in nonpublic forum areas under Chapter 11.03 (Special Events) of this Code, or authorized for limited periods on nonpublic forum areas by duly adopted Council Policies. A. Permits shall be issued only for those signs expressly allowed by this Chapter or any duly adopted Council Policy, when such Council Policy permits signs for limited periods in an area that is not a traditional public forum. B. Street Furniture Signs bearing commercial messages shall be allowed on bus benches, bus shelters and other street furniture throughout all or portions of the City if: 1. The owner of the street furniture has installed the street furniture under the terms of a valid encroachment agreement entered between the owner and the City, and 2. The commercial messages are permitted under the terms of a valid Street Furniture Agreement entered by and between the owners) of the street furniture and the City. 3. Nothing in this subsection shall be interpreted to authorize the display of noncommercial messages on Street Furniture Signs. C. The following signs are exempted from any City permit requirement: 1. Traffic and parking control signs, and traffic directional signs erected by the City or another governmental unit; 2. Official notices required by law; 3. City - sponsored community event banners; and 4. Signs posted by the City under the Citys Wayfinding Sign Program. 13.25.070 Illegal Signs A. General Prohibition. It is unlawful for any person to erect, place, post, construct, reconstruct, alter, maintain, or move or allow any person to erect, post, construct, reconstruct, alter, maintain, or move.any sign that does not comply with the provisions of this chapter. B. Illegal Signs Identified. The following signs are illegal and declared to be a public nuisance: A sign erected, placed, posted, constructed, reconstructed, maintained or moved that does not comply with any provision of this Chapter. 2. An abandoned sign. The failure of the sign's owner to remove an abandoned sign as required by this chapter shall serve as prima facie evidence of the owner's intentional permanent abandonment of the sign. The following signs shall be declared abandoned: 1. Any sign posted or left on City property in violation of this chapter. 2. Any properly permitted sign posted on City property in conjunction with a valid special event permit, encroachment agreement, temporary street closure permit, Street Furniture Agreement or other required permit, which is left on City property after the time period allowed by the required permit, has passed. 7 3. Any signage in violation of or in excess of that signage allowed under a valid special event, encroachment, temporary street closure, or other required permit or valid Street Furniture Agreement. 13.25.080 Severability. If any portion of this Chapter is declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable, all other portions of this Chapter shall be severable and separately enforceable. Section 2. Chapter 10.08.15 is hereby added to Title 10 to read as follows: 10.08.15.010 Capacity and Scope In adopting this Section, the City acts in its proprietary capacity as to City property within its boundaries. This Section states the policies and regulations for display of personally attended private parry signs on most City property. Signs posted on most City property are regulated in Chapter 13.25 (Use of City Property: Signs) of the Newport Beach Municipal Code. Signs on most City property leased to private parties, and signs on private property, are regulated by Chapter 20.67 (Sign Code). 10.08.15.020 Findings and Purpose The City recognizes that its streets, sidewalks and parks are traditional public forums, and that it has both a duty to provide adequate channels for public speech in these areas, and a responsibility to regulate them accordingly. Because of the need to balance the public's right to free speech with the protection of the City's unique character and aesthetic standards, the City Council finds that proper sign control on City property is an important government interest. This interest encompasses the City's responsibility to provide adequate channels for public speech while protecting traffic and pedestrian safety and the well -being of residents, avoiding impediments to the orderly flow of traffic, preserving public vistas, and promoting tourism through enhanced aesthetic appeal and increased ability to safely and conveniently access businesses and recreational facilities within the City. Furthermore, the City Council finds that: A. City has an interest in and responsibility for preserving the visibility and prominence of public signs and lines of sight to further traffic safety and aesthetic considerations, B. City has a legitimate and significant interest in protecting the residential privacy of its residents from the intrusion of focused picketing activity, and C. City has no obligation to allow its property to be used for commercial private party advertising purposes. 10.08.15.030 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "City Property shall have the same meaning as the term is defined in Chapter 13.25. B. "Commercial Mascot' means humans or animals used as advertising devices for commercial establishments, typically by the holding or wearing of insignia, masks or costumes associated with or advertising the commercial establishment. Includes sign twirlers, sign clowns, etc. C. "Commercial Message" shall have the same meaning as that term is defined in Chapter 20.67. D. "Noncommercial Message" shall have the same meaning as that term is defined in Chapter 20.67. E. "Focused picketing" means the display of a personally attended noncommercial sign or signs on the streets, sidewalks or other portion of public property immediately adjacent to an individual home or residence. F. "Public Right of Way" shall have the same meaning as that term is defined in Chapter 13.25. G. "Sign" shall have the same meaning as that term is defined in Chapter 13.25. H. "Traditional Public Forum" means those areas of City property that have been traditionally held in trust for the use of the public, which has generally been interpreted to mean streets, parks, sidewalks and parkways between the street curb and sidewalk surfaces. This definition shall automatically incorporate court rulings defining the term "traditional public forum." 10.08.15.040 Intent as to Public Forum As it relates to private parties holding or displaying personally attended signs on City property, the City declares its intent that no City property shall function as a designated public forum, unless some specific portion of City property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period, if any. 10.08.15.050 Noncommercial Messages on Personally Attended Signs in Traditional Public Forum Areas A. In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display noncommercial messages on signs provided that their sign, and their display of that sign, conforms to all the following criteria: The sign or signs must be personally attended by or held by one or more persons. "Personally attended" means that a person is physically present within five (5) feet of the sign at all times. 2. The sign(s) may be displayed only during the time period of sunrise to sunset. 3. The maximum aggregate size of all signs held by a single person shall be 10 square feet. 4. The maximum aggregate size of any one sign that is held by two or more persons shall be 50 square feet. 5. The signs displayed may not be inflatable or air - activated. B. In order to serve the City's interests in traffic flow and safety, persons displaying signs under this section shall not stand in the median or in any vehicular traffic lane when a roadway is open for use by vehicles. Persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Signs shall not be held in such a manner as to obscure the visibility of an intersection to approaching drivers. C. To serve the City's interest in the protection and preservation of the residential privacy of its citizens, and to ensure that members of the community enjoy the well- being, privacy, tranquility and quiet enjoyment 10 which they have the right to expect in their homes and dwellings, no person may engage in focused picketing in the immediate vicinity of a single home or residence. This subsection shall not operate as a restriction against picketing or other display of personally attended noncommercial signs on the public right of way throughout a neighborhood or a city block in general; it prohibits only focused picketing, a display of personally attended noncommercial signs that focuses its activity on a single residence. D. Nothing in this section is intended to authorize the use of any Commercial Mascot, or other display of a personally attended sign bearing a commercial message, on any public property. Commercial Mascots are expressly prohibited on City property, including the public right of way. Persons acting as Commercial Mascots in violation of this Chapter may also be subject to the provisions of California Penal Code § 565. 10.08.15.060 Severabiiity. If any portion of this Chapter is declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable, all other portions of this Chapter shall be severable and separately enforceable. Section 3. Newport Beach Municipal Code Section 20.67.090 (B)(1) is hereby repealed. F:l users \caflsharedlcathywolcotflPublic Property Sign Code020608final.doc I.I. L -16 TEMPORARY SIGNS AND BANNERS ON PUBLIC PROPERTY FINDINGS AND PURPOSE The City Council finds that temporary signs and banners on public property pose risks to the public by distracting drivers and creating potential physical obstructions in or over the public right -of -way. In addition, the City Council finds that temporary signs and banners posted on public property, parks and beaches detract from the city's unique environmental setting and create a cluttered visual atmosphere on public property. The City Council also finds that, in the absence of the size, number and location limits specified in this Policy, temporary banners or signs over the public right -of -way could damage City property, reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. Because protecting and enhancing the City's unique character and aesthetic standards, protecting public safety and property values and promoting tourism through enhanced aesthetic appeal are important government interests, the City Council finds that prohibiting temporary signs and banners on public property is necessary. Except as provided in this Policy and Newport Beach Municipal Code Chapters 10.08, 13.25 and 20.67, temporary signs and banners are prohibited in the traditional public forum areas of streets, parks, sidewalks, medians, parkways, and on all other public property and fixtures. With the exception of signs and banners allowed under the Municipal Code and this Policy, a total prohibition on the display of temporary banners and signs is appropriate because there are adequate alternative means of communication for those wishing to engage in commercial or non - commercial speech provided for all speakers, with the exception of: (1) non - profit organizations conducting community wide events sponsored or co- sponsored by the City of Newport Beach and open to the general public; (11) non - profit and charitable organizations conducting events sponsored or co- sponsored by the City; and (111) sponsors or co- sponsors of City- sponsored sports programs. To provide necessary speech opportunities for these individuals and organizations, in this Policy the City Council creates limited public fora on 1 certain City fixtures. These limited public fora are to be used only by the speakers designated, when the signage complies with the criteria set forth in this Policy, and permission to appropriately post the sign or banner is requested in writing and granted by the appropriate Department Head or his or her designee. The City Council has determined that the restrictions contained in this Policy and the provisions of Title 20, Title 13 and Title 10 of the Newport Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. LIMITATION: Any temporary sign or banner displayed on Newport -Mesa Unified School District property shall be exempt from these restrictions. POLICY TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY GENERAL PROVISIONS Temporary banners and signs shall not be permitted within or over any public street or pedestrian right -of -way, or on or attached to any City property or fixture, with the exception of banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non - profit corporation or Newport Beach. Such banners designated by in writing by the in strict compliance with the imposed on the permit by the Utilities Director. PERMIT PROCESS organization, and co- sponsored by the City of shall be installed only on poles and standards Public Works Department, and shall be installed provisions of this Policy and any conditions Public Works Director and, if required, by the A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right -of -way without first obtaining a permit issued by the Public Works Department. B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days before the planned installation date. C. The Public Works Director shall determine if the application complies with the standards specified in this policy. D. The Public Works Director shall approve /deny /recommend City Council approval of the application within five (5) working days. E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The Permittee and any contractor employed by the Permittee shall agree to indemnify and hold harmless the City of Newport Beach. I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better and a financial size category of 'VIII" or higher. STANDARDS A. Manner of Installation. 1. Permittee shall install no more than one hundred (100) banners; 2.. a) Banners on streetlight poles shall be no more than 2.5 feet wide and 8.0 feet high and approved by the Utilities Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; b) Banners other than streetlight pole banners shall be no more than 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. Banners shall not encroach on or above any portion of a right of way utilized by motor vehicles; 4. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 5. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 3 6. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 7. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds; 8. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre- approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Utilities Department; 9. Banners shall be installed only at locations specified on the permit; 10. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and /or the Caltrans manual of traffic control; and 11. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies. B. Time of Installation 1. Permittee shall contact the City Electrician of the Utilities Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards, or previously approved locations in roadway medians, in City parks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district; rsi 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24, 1994 Amended - February 26, 1996 Amended - February 24, 1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Amended - February _, 2008 Formerly M -4 11. TEMPORARY SIGNAGE FOR CITY- SPONSORED, CO- SPONSORED OR NON- PROFIT AND CHARITABLE ORGANIZATION EVENTS POLICY This Policy shall set definitive standards and set forth City policy concerning the administration, control and placement of temporary signs on public property which recognize or provide directional information for events located within the city, and sponsored or co- sponsored by non - profit or charitable organizations and the City. It is not the desire of the City Council to promote an event or activity that is not located within the community. It is the policy of the City Council to allow temporary signage on limited areas of certain public fixtures and buildings for events sponsored or co- sponsored by the City and non - profit or charitable organizations, subject to the following standards: 1. Signs shall not be placed within the City by any non - profit or charitable organization, without first having obtained a Special Event Permit as required in Chapter 11.03 of the Municipal Code, and any Temporary Sign or Banner Permit required by the Director of Public Works or the Recreation and Senior Services Director, or their designees. No such sign or banner shall be placed in a location on public property that has not been approved by the Public Works Director or his /her designee, as a limited public forum. 2. The size of the sign shall not exceed 100 square feet in area. 3. The temporary sign shall be allowed to remain in place for a period not to exceed 90 days. 4. One temporary sign per site shall be allowed. 5. The event being promoted shall be for an event within the City of Newport Beach. 6. The signs shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee. 7. No signage related to alcohol or tobacco is permitted Additionally, no person shall place, maintain, or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. Also, no sign shall be installed that blocks or obstructs from view any traffic safety /control signs. Adopted - April 23, 2002 Amended - February _, 2008 Formerly K -11 III. TEMPORARY SIGNS WITH SPORTS PROGRAM SPONSORSHIP RECOGNITION IN CITY PARKS AND BEACHES In this Policy, the City Council creates limited public fora on certain City fixtures in City parks and beaches, to be used only by sponsors of City - sponsored or co- sponsored sports programs when the signage complies with the criteria set forth in this policy, and permission to appropriately post the sign is requested in writing and granted by the Recreation and Senior Services Department Director or his /her designee. The Recreation Et Senior Services Director will require that sponsorship signs meet the following guidelines, and shall grant permission when the following criteria are met: A. The signage must relate to an athletic program or event sponsored or co- sponsored by the City of Newport Beach. The signage must: 1. Not exceed twenty -four (24) square feet in size; 2. Be posted in a location that is not visible from public streets and has been pre - approved by the Recreation Et Senior Services Department; 3. Be posted only during the designated priority season for the sports group to which the signage pertains. C. No signage related to alcohol or tobacco is permitted. D. Applicant must apply for in writing, and receive, permission from the Director of Recreation and Senior Services or his /her designee prior to posting any temporary sign or banner. E. The applicant is responsible for placement and removal of signage and for storage, damage, theft, or loss of any sign posted. Adopted - September 14,1998 Amended £t Reassigned - 'April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - February _, 2008 Formerly 1 -26 Formerly 0-14 7