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Hemet City Zoning Code

ARTICLE XXXVII

SIGNS PUBLIC PROPERTY25


Footnotes:
--- (25) ---

Editor's note— Section 2 of Ord. No. 1751, adopted Dec. 20, 2005, repealed art. XXXVII, §§ 90-1311—90-1316, and section 3 of said ordinance enacted new provisions to read as set out herein. Former art. XXXVII pertained to special event banners and derived from Ord. No. 1320; Code 1984, §§ 24252—24254; and Ord. No. 1598, adopted March 23, 1999.


Sec. 90-1311.- Authority and intent.

(a)

In adopting this article, the city council is acting in its proprietary capacity as to public property within the city.

(b)

The city declares its intent that all public property in the city will not function as a designated public forum, unless some specific portion of public property is designated in this article as a public forum of a particular type. In such case, the declaration as to public forum type will apply strictly and only to the specified area and the specified time period, if any.

(Ord. No. 1751, § 3, 12-20-05)

Sec. 90-1312. - Definitions.

Unless otherwise specifically defined in this article, all words and phrases will have the meanings defined in section 90-1242 of this Code.

Approval holder means a person who has received a public property sign approval pursuant to this article.

Personally attended means that a person is physically present within five feet of a sign at all times.

Public property means all land located within the city limits (including public rights-of-way) which is owned or held (whether in fee, easement, leasehold or other interest) by the city.

(Ord. No. 1751, § 3, 12-20-05)

Sec. 90-1313. - Signs must be permitted or exempted.

(a)

No sign may be erected or displayed on public property unless such sign is permitted on public property in accordance with this article and a public property sign approval has first been granted, or the subject sign is expressly exempted from the public property sign approval requirement by this article.

(b)

No person may paint, mark, or write on, or post or otherwise affix, construct, maintain, paste, nail, tack or otherwise fasten, affix or erect, any temporary sign on any sidewalk, crosswalk, curb, street lamp post, pole, bench, hydrant, tree, shrub, bridge, electric light or power or telephone wire pole, or wire appurtenance thereof, or upon any street sign or traffic sign or upon any other object located on public property which is not maintained for the purpose of communications by temporary signs by the general public or authorized under this Code.

(c)

Any sign erected or displayed on public property within the city, contrary to this article, may be summarily removed as a trespass and a nuisance by the city.

(Ord. No. 1751, § 3, 12-20-05)

Sec. 90-1314. - Exemption for temporary political, religious, labor protest and other noncommercial signs in traditional public forum areas, and specially designated limited public forums.

(a)

In areas qualifying as traditional public forums, such as streets, parks and sidewalks, persons may display temporary noncommercial signs thereon without first obtaining a public property sign approval, provided that the sign display on public property conforms to all of the following:

(1)

The sign must be held by a person, or personally attended by one or more persons.

(2)

The sign may be displayed only during the period between sunrise and sunset.

(3)

The maximum aggregate size of all signs held or personally attended by a single person is ten square feet.

(4)

The maximum size of any one sign which is personally attended by two or more persons is 40 square feet.

(5)

The displayed signs may not be inflatable or air-activated.

(b) This article also does not pertain to structures located on public property which by tradition or designation are used for the purpose of communication by the general public. Such structures include kiosks, bulletin boards and newspaper racks as authorized by this code.

(c) In order to serve the city's interests in traffic flow and safety, unless a parade permit had been obtained, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must provide at least four feet width of clearance for pedestrians to pass by.

(Ord. No. 1751, § 3, 12-20-05)

Sec. 90-1315. - Exemptions from approval requirement.

The following signs are exempted from the approval requirement of this article: traffic control and traffic directional signs erected by a governmental agency; official notices required by law; signs permitted or exempted under section 90-1314 above, and signs erected by the city.

(Ord. No. 1751, § 3, 12-20-05)

Sec. 90-1316. - Signage for special events and other limited purposes.

(a)

The purpose of this section is to allow the erection or placement of signage on public property for certain eligible events and festivals, or other limited purposes, subject to the requirements of this article.

(b)

Based upon evidence submitted on a case-by-case basis, upon application to the city, the city engineer or director, as appropriate, may find and determine that festivals and events have a community-wide benefit and participation and are therefore eligible.

(c)

When the city allows signage for a special event on public property, the city may regulate only the time, place, manner, size, design and quantity of signage allowed.

(d)

Applications for a public property sign approval will be processed in the manner provided in section 90-1246 using the form supplied by the director, except that applications to install a banner above a city street shall be processed by the engineering department and approved by the city engineer in accordance with application requirements approved by the engineering department, as reviewed by the city attorney, and such conditions of the city's encroachment permit issued by the California Department of Transportation as are applicable. Any decisions by the director or city engineer may be appealed as provided in section 90-1284. The application must include a map showing the location where the proposed signage is to be installed, the contemplated dates during which such signage will remain on or over any public property in the city, a chart or drawing showing that the signage will not interfere with traffic or the safety of persons using such public property. In addition, the applicant must provide proof of general liability insurance in such reasonable form and amounts as may be required by the city attorney and must also execute an indemnification and hold harmless agreement in such reasonable form as may be approved by the city attorney.

(e)

The applicant is solely responsible for obtaining any other permits that may be required for signage authorized by this article from any other governmental agency, including without limitation, the state department of transportation (CalTrans).

(f)

Special regulations. All special events signage approved on public property is subject to the following regulations:

(1)

Any sign including banners, flags, emblems, bunting or other signage approved must be installed by the city or a city-authorized installer.

(2)

The city reserves the right to remove or replace, if replacement signage is provided by the applicant within the available time frame, any sign that has become tattered or otherwise in need of repair, within three days of issuance of written notice to approval holder. Such removal or replacement will be at the approval holder's sole expense.

(3)

All signs must be installed by the city or a city-authorized installer at the locations shown on an approved plan. Installation of such signs may be limited when located on or along a CalTrans highway.

(4)

No sign may be installed prior to the issuance of an approval under this article. The Ramona Pageant may be issued a permit for up to 60 continuous days before the event or longer if approved by the city council. All other special event applications may be approved by the director for up to a maximum of 14 continuous days. Upon application and a showing of special need, the city council may approve a greater period of time.

(5)

All special event signage must be removed within 72 hours after the event has ended.

(6)

A maximum of two locations for special event banners are approved for Florida Avenue, other location(s) for special event signage will be on a case-by-case basis.

(Ord. No. 1751, § 3, 12-20-05; Ord. No. 1883, §§ 1, 2, 4-22-14)