HomeMy WebLinkAboutSS5 - Display of Signs on the Public Right of Way"REFIvA ERAGE i0
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Agenda Item No. SS5
December 9, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Attorney
Robin L. Clauson, City Attorney (949)644 -3131
rclauson (a)city.newport - beach.ca.us
Catherine Wolcott, Deputy City Attorney (949)644 -3131
cwolcott &city. newport- 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 specific 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) Direct staff to study permanent message display options at selected locations
on public property and return recommendations and costs to City Council at
study session. Advise staff whether to include recommended display options in
next year's CPI budget.
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 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.
At the February 12, 2008, study session of the City Council meeting, staff
submitted proposed changes to portions of the Municipal Code regulating signs
on public property. Staff also submitted a proposed update and consolidation of
three Council Policies which set forth the conditions under which temporary signs
and banners may be displayed for limited purposes in designated locations on
public property. Staff has incorporated direction expressed by City Council
members at the study session in the attached proposed Ordinance and Council
Policy revisions.
At the February 12, 2008 study session, the City Council directed staff to prepare
ordinance changes that provided for increased clarity of City's intent to remove
and discard illegally posted signs on public property. Council members also
directed staff to include cost recovery provisions that would reimburse the City for
costs of illegal sign removal and repair of damage to public property caused by
illegal sign posting. Those changes are incorporated by the addition of Chapter
13.25 to Title 13, and Section 10.08.15 to Title 10 in the attached Ordinance.
In the interim, individual members of the City Council and staff have expressed
interest in installing permanent message display areas on public property. These
permanent message display areas would be reserved for City messages and
limited noncommercial speech by speakers in the categories defined by existing
Council Policy L -16 (non - profit and charitable organizations conducting events
sponsored or co- sponsored by the City.) Staff has reviewed the possibility of
installing electronic readerboards at limited locations such as Marguerite and
Pacific Coast Highway, but the City Traffic Engineer has expressed concerns
over installing electronic signs at major intersections.
Staff recommends that the City Council direct staff to review permanent display
options that minimize driver distraction, reduce damage to plantings and
equipment in the median areas, and create a more attractive and cohesive visual
environment than the temporary banners currently used. Staff also recommends
that the City Council advise staff whether to include recommended display
options into next year's CPI budget.
Changes proposed: General
At present, provisions limiting signs on City property are located in three sections
of the Municipal Code. Section 20.67.090 (13)(1) states, "Signs are allowed on
private property only and shall not be placed in public rights -of -way or at off -site
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. Staff plans to present an ordinance that
codifies those regulations at a regular session of the City Council in January,
2009. 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
more accurately describe the situations in which temporary banners on City
property will be permitted. Proposed language for revised and expanded Council
Policy L -16 is attached, and will be presented for review and adoption at a
regular session of the City Council in January 2009.
Authority:
The City has broad authority to regulate and restrict signs on its property. A
discussion of the effect of First Amendment law, and the various types of speech
fora which can exist on public property, was provided in the February 12, 2008
staff report.
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.
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 forum, which include a written document
which clarifies that the banners are permitted only on fixtures in
designated areas, and require 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. It can also freely engage in government speech
at those locations, which can include adopting the speech of other individuals or
entities as its own. While doing this, it can also create limited public fora on City
fixtures 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. However, 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 current City practice is to prohibit all temporary noncommercial signs from
the sidewalks, parkways and median. However, the City does permit temporary
4
banners announcing City matters and certain special events sponsored by non-
profit organizations in traditional public forum areas such as the median at
Marguerite and the Pacific Coast Highway, Marguerite and Fifth Street, Superior
and PCH, and other locations. 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. Unless the banners' mounting pole
structure is considered a City fixture, this is not consistent with First Amendment
law.
At the February 12, 2008 study session, staff recommended that if the City
Council wishes to continue to allow non - profit groups to announce community
events in these venues, the City should install structures that are more clearly
City fixtures at these and other locations. The City can create limited public
forums on the fixtures, and convey the information in a manner that is arguably
safer and more aesthetically attractive than the current temporary banners. Staff
from the City Manager's Office, the 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 and
kiosks to electronic monument signs.
Staff believes that permanent electronic monument signs, with copy changing not
more than twice in any 24 -hour period, offer the best combination of features to
protect landscaping and enhance the functional ability to transmit City and co-
sponsored community non - profit event information. However, the City Traffic
Engineer has concerns about electronic signs at major intersections. In locations
within the City with a lower traffic volume, such as City Hall and the corner of
Marguerite and 5`h Street in Corona del Mar, the Traffic Engineer has fewer
concerns about electronic signs creating traffic safety hazards.
Proposed Ordinance Changes:
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.
The ordinance specifies that illegally posted temporary commercial and
noncommercial signs are declared a public nuisance that will be summarily
removed by City staff, that the signs may be discarded without notice to the
signs' owners, and that the City may seek reimbursement for the costs of
E
removal and damage to City property from the owners of illegally posted signs on
public property.
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.
Staff recommends retaining the current restrictions on the categories of speakers
who can use the limited public fora created through Council Policies — non - profit
or charitable organizations conducting events sponsored or co- sponsored by the
City. If the City Council is interested in providing publicity for specific community
non - profit events which are not co- sponsored by the City, information about
those events can be conveyed by the City itself in a number of City venues,
including the limited public fora proposed, under the government speech
doctrine.
Staff recommends that the City Council direct staff to review permanent display
options and review and advise on potential display locations within the City, and
that the City Council advise staff whether to include recommended display
options into next year's CPI budget.
Prepared by:
SIGNATURE
Catherine Wolcott, Deputy City Attorney
Attachments: Ordinance
Council Policy L -16
Submitted by:
SIGNATURE
Robin Clauson, City Attorney
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING CHAPTER
13.25 OF TITLE 13 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO STREETS,
SIDEWALKS AND PUBLIC PROPERTY
The City Council of the City of Newport Beach 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
13.25.060
Exceptions and Exemptions
13.25.070
Illegal Signs
13.25.080
Severability
13.25.010 Capacity and Scope
Prohibited on City Property
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 notwithin 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, corner 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 governmental information, such as public
agency safety notices.
G. "Street Furniture 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."
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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. 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. City assumes no
responsibility or liability for any damage to signs that occurs during the course
of City removal and any temporary storage of such signs.
C. Removal of Illegally Posted Signs Bearing Noncommercial Messages. Any
sign that is posted in violation of this Chapter shall be deemed a public
nuisance, and may be removed and discarded by the City. City assumes no
responsibility or liability for any damage to signs that occurs during the course
of City removal and any temporary storage of such signs.
D. Reimbursement for Costs of Removal and Damage to City Property. When a
sign has been removed by City from City property pursuant to the provisions
of this Section, City may seek reimbursement from the sign's owner for costs
reasonably incurred in removing the sign.
1. Such costs assessed for individual sign removal shall be in an amount
established by Council resolution.
If an individual sign is posted illegally on public property in such a manner
that damage to public property occurs in excess of the removal costs
established by Council resolution, additional reimbursement costs may be
imposed. Such additional reimbursement costs shall be accompanied by
documentation by the General Services Department of the actual costs of
removal and repair incurred.
3. The owner of a sign may be presumed to be the known commercial or
noncommercial entity or individual which the sign's message supports, or
a commercial or noncommercial entity or individual who is identified on the
sign as the sign's owner, or by the known candidate, individual or
organization advocating a vote or point of view that the sign supports.
a. The presumed owner may present evidence to rebut the
presumption of sign ownership or contest the amount of
reimbursement costs to the City's Administrative Services Director
or his or her designee.
b. Decisions of the Administrative Services Director may be contested
by completing a request for hearing form and returning it to the City
within fifteen (15) days from the date the invoice for cost
reimbursement is mailed by the City Revenue Department, together
with an advance deposit of the reimbursement costs. Any
reimbursement cost which has been deposited shall be refunded if
it is determined, after a hearing pursuant to Chapter 1.05 that the
person charged is not the owner of the sign or that the amount of
reimbursement costs assessed was incorrect, or that there was no
violation of the provisions of this Code.
1.
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
0
2. The commercial messages are permitted under the
terms of a valid Street Furniture Agreement entered
by and between the owner(s) 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:
Traffic and parking control signs, and traffic directional
signs erected by the City or another governmental unit;
2. Official notices required by law; and
3. Signs posted by the City under the City's 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.
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.
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: Newport Beach Municipal Code Section 20.67.090(B)(1) is hereby repealed.
SECTION 3: That if any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each section, subsection, clause or phrase hereof,
irrespective of the fact that anyone to more sections, subsections, sentences, clauses and
phrases be declared unconstitutional.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the day of , 2009, and adopted on the day of
, 2009, by the following vote, to -wit:
AYES, COUNCILMEMBE
NOES,COUNCILMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
F:l users lcatlsharedlcathywolcottlPublic Property Sign Code T13 120808.doc
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 10.08.15 TO THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO INTERFERENCE
WITH THE USE OF SIDEWALKS
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY
ORDAINS as follows:
SECTION 1: 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 party 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 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 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: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality
of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that
anyone to more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The
City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days
after its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach
held on the day of , 2009, and adopted on the day of
2009, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES,COU NCI LMEMBERS
ABSENT, COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
F:\users\cat\shared\CathyWolcott\sign regulations\Public Property Sign Code T10 120808.doc
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 and charitable organizations conducting events sponsored
or co- sponsored by the City; and
(II) 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
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
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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
I. 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 event, conducted by a non - profit corporation or charitable
organization, and co- sponsored by the City of Newport Beach. Such banners
shall be installed only on poles and standards designated by in writing by the
Public Works Department, and shall be installed in strict compliance with the
provisions of this Policy and any conditions imposed on the permit by the Public
Works Director and, if required, by the Utilities Director.
PERMIT PROCESS
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.
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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;
6. All banner brackets on streetlight poles must be mounted at least
fourteen (14) feet above the ground surface;
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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;
4. Banners shall only be installed at the approved locations indicated on
the plan submitted with the banner application.
Adopted - January 24, 1994
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Amended - February 26, 1996
Amended - February 24, 1997
Amended - May 8, 2001
Amended - April 8, 2003
Amended - October 10, 2006
Amended - January _, 2009
Formerly M -4
II. 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 a public fixture 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 - January _, 2009
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 it Senior Services
Director will require that sponsorship signs meet the following guidelines, and
shall grant permission when the following criteria are met:
A. The sign or banner must relate to an athletic program or event
sponsored or co- sponsored by the City of Newport Beach.
B. 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 Ft 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.
I,
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 8 Reassigned - April 8, 2003
Amended - April 13, 2004
Amended - September 13, 2005
Amended - January _, 2009
Formerly 1 -26
Formerly B -14
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13.25.040 Intent as to Public Forum
As it relates to private parties piecing 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. 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. City assumes no
responsibility or liability for any damage to signs that occurs during the course
of City removal and any temporary storage of such signs.
C. Removal of Illegally Posted Signs Bearing Noncommercial Messages. Any
sign that is posted in violation of this Chapter shall be deemed a public
nuisance, and may be removed and discarded by the City. City assumes no
responsibility or liability for any damage to signs that occurs during the course
of City removal and any temporary storage of such signs.
D. Reimbursement for Costs of Removal and Damage to City Property. When a
sign has been removed by City from City property pursuant to the provisions
of this Section, City may seek reimbursement from the sign's owner for costs
reasonably incurred in removing the sign.
Such costs assessed for individual sign removal shall be in an amount
established by Council resolution.
2. If an individual sign is posted illegally on public property in such a manner
that damage to public property occurs in excess of the removal costs
established by Council resolution, additional reimbursement costs may be
imposed. Such additional reimbursement costs shall be accompanied by
documentation by the General Services Department of the actual costs of
removal and repair incurred.
3. The owner of a sign may be presumed to be the known commercial or
noncommercial entity or individual which the sign's message supports, or
a commercial or noncommercial entity or individual who is identified on the
sign as the sign's owner, or by the known candidate, individual or
organization advocating a vote or point of view that the sign supports.
a. The presumed owner may present evidence to rebut the
presumption of sign ownership or contest the amount of
reimbursement costs to the City's Administrative Services Director
or his or her designee.
b. Decisions of the Administrative Services Director may be contested
by completing a request for hearing form and returning it to the City
within fifteen (15) days from the date the invoice for cost
reimbursement is mailed by the City Revenue Department, together
with an advance deposit of the reimbursement costs. Any
reimbursement cost which has been deposited shall be refunded if
it is determined, after a hearing pursuant to Chapter 1.05 that the
person charged is not the owner of the sign or that the amount of
reimbursement costs assessed was incorrect, or that there was no
violation of the provisions of this Code.
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