In adopting this chapter, the city acts in its proprietary capacity as to city property, as defined herein, within the city. This chapter is adopted in accordance with the freedom afforded to cities pursuant to the city's general and police powers; California Constitution Article XI, Section 7; California Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code sections 5200 et seq., 5230, and 5490 et seq.; Penal Code 556; and other applicable state laws. The provisions of this chapter and Chapter 17.75 (Signs on Private Property) collectively constitute the "City Sign Ordinance."

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

The city declares its intent that not all city property shall function as a public forum, unless some specific portion of city property is named 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 for the specified time period.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

Unless specifically authorized by this chapter or other applicable law, no signs may be displayed on city property, except in or on a traditional public forum and in accordance with this chapter. Any unauthorized sign posted on city property may be summarily removed by the city as a trespass and a public nuisance.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

In areas defined as traditional public forum areas, private persons may display noncommercial message signs thereon, provided that the signs conform to all of the following:

A.

The signs must be personally held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times.

B.

The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council or other public body is holding a public hearing or meeting; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned.

C.

The maximum aggregate size of all signs held by a single person shall be six square feet. For purposes of this rule only, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area.

D.

The maximum size of any one sign that is personally attended by two or more persons is 24 square feet, measured on one side only.

E.

The sign must have no more than two display faces and may not be inflatable or air-activated.

F.

To serve the city's interests in traffic flow and safety, persons displaying signs shall not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give clearance of at least five feet in width for pedestrians to pass by, unless the sidewalk in question is less than five feet in width, in which case clearance of sufficient width shall be provided so as not to impede or block pedestrian flow on the sidewalk. Persons holding signs may not block the view or line of sight within a "visibility triangle." "Visibility triangle" shall be defined as the area within the vertices of three points, measured from the corner of any vehicular intersection to two points located on the curbline forty-five feet from said corner.

G.

The message substitution policy of the sign ordinance applies only to the traditional public forum areas.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

The following signs may be erected and displayed on city property, subject to the rules set herein:

A.

Traffic control and traffic directional signs erected by the city, including temporary traffic and traffic direction signs.

B.

Official notices required or authorized by law.

C.

Signs placed by the city in furtherance of its governmental functions, including commercial signs authorized by city, i.e. the city streetlight banner program.

D.

Civic Event Signs. Civic and/or city-sponsored events signs on city property that express the city's own message.

E.

Signs placed by the city on city property that express the city's own message, such as community directional signs (see Section 20.325.070). Such signs do not require a permit.

F.

Signs placed by another governmental entity with the city's prior written permission.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

The city may locate community directional signs at its discretion on city property to allow persons to be directed to areas within the city, as follows:

A.

The maximum number of signs shall be as approved by the city manager to lead persons to identified areas, locations, or subdivisions within the city.

B.

Signs shall be no larger than sixty inches by twelve inches, and shall be grouped on a single-, double-, or four-sided sign kiosk. Such structure shall contain no more than seven separate identifications and a city identification top piece.

C.

Signs shall be located at various locations throughout the city along major transportation corridors, as approved by the city manager. Each such approved sign may state the name of the public facility, subdivision, or community area; provide information to the public as determined by the city; and include a directional arrow.

D.

The placement of each sign structure and its copy shall be reviewed and approved of by the director prior to installation.

E.

A plan shall be prepared showing the site of each sign and shall be submitted to and approved by the director to the acceptance of a sign permit application, if requested by a private party.

F.

Any sign approved for a particular community area or subdivision within the city shall not be changed to another community area or subdivision without prior approval of the director.

G.

There shall be no additions, tag signs, streamers, devices, display boards, or appurtenances added to the sign as originally approved. No other directional signing may be used such as posters, portable signs, vehicle signs, trailer signs, or temporary subdivision signs.

H.

All signs not conforming to this chapter shall be deemed a public nuisance and subject to removal from city property pursuant to Section 17.80.100, below.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

When authorized by Chapter 17.75 (Signs on Private Property), private party signs mounted on private property may project into city property or the public right-of-way only with an encroachment permit processed for all applicable and required city approvals prior to such projection and/or encroachment. Sign encroachment permits must satisfy all requirements of the sign ordinance, as well as all requirements applicable to encroachments generally, and all applicable safety codes (building, plumbing, electrical, etc.)

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

Commercial speech by sign, as well as all commercial activity, is prohibited on all city property and the public right-of-way. This provision does not apply to the city or its designees on city-owned property.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

A.

Removal. Any lettering, advertisement, card, poster, sign, or notice of any kind placed on city property or on any curb, sidewalk, post, pole, lamp post, hydrant, bridge, tree, or other surface located on city property in violation of the provisions of this chapter, or any sign that constitutes an immediate peril to persons or property, may be removed without prior notice by any officer or employee of the city designated to do so by the city manager. For the purposes of this subsection, city property shall have the meaning as defined in this chapter. The cost of removal and of any damage to city property resulting from the placement or removal of a sign under this subsection shall be charged to the person who placed the sign or caused the sign to be placed. In any action, hearing, or other proceeding for violation of any of the provisions of this section, proof that the sign or other matter contains the name of or otherwise identifies a person, firm, or corporation, or a particular committee or organization, shall constitute prima facie evidence that such person, firm, or corporation, or chairperson, president, or other head of the committee or organization, posted, or caused to be posted, the sign or other matter.

B.

Charge for Cost of Removal. The city may recover the cost of removing signs as authorized by this section. When the city has incurred any expense in removing the sign or other matter, or in repairing city property damaged because of the posting or removal of the sign or other matter, any such expense incurred shall constitute a debt owed to the city. The director or his/her designee shall send a bill to the persons responsible for posting or causing to be posted the sign or other matter for the actual or estimated cost of removal. The director may establish administrative regulations to govern the billing procedures. Each bill shall include the cost, both direct and indirect, involved in the removal of the sign or other matter and in administering the billing procedure. The bill shall describe the basis of the amount billed by indicating the number of signs or other matter posted illegally, the time necessary for removal, the hourly cost for removal, the right to a hearing as provided by the appeal provisions of the sign ordinance, and other relevant information. The bill shall also specify a date by which the bill is to be paid, shall be not less than fifteen business days after the bill is mailed.

C.

Post Removal Hearing Regarding Signs Summarily Removed. The owner or person in charge of any lettering, advertisement, card, poster, sign, or notice of any kind placed on city property, or constituting an immediate peril to persons or property, that has been removed by an officer or employee of the city without prior notice to the owner or person in charge pursuant to this chapter, is entitled to a hearing to be conducted by the director. The request for hearing shall be made in writing to the director no later than fifteen business days from the date the director mails the billing statement specified in subsection B, or within thirty calendar days of the date of the removal, whichever occurs first. The hearing shall be limited to determining whether the lettering, advertisement, card, poster, sign, notice, or other matter was located on city property in violation of the provisions of this chapter, or constituted an immediate peril to persons or property and the accuracy of the amount billed. Upon receiving a written request for the hearing, the director shall set a hearing, which shall be held within forty-five days from the date of receipt of the request. The director shall provide written notification of the hearing to the applicant. The notification shall include the date, time, and place of the hearing. Following the hearing, the director shall, within ten business days after the date of the hearing, notify the person billed of any adjustment to the bill or any determination not to make an adjustment. This notification shall specify the date by which such bill shall be paid, which shall not be less than thirty calendar days after the date of the hearing. Any person who fails to pay the amount billed to such person within the period specified therein shall also be liable for expenses incurred by the city in collecting the debt, including the cost of paying city employees or other persons engaged in debt collection.

D.

Decision. The decision of the hearing officer operating under this section shall be final. The decision of the hearing officer shall be made in writing, stating the reasons for the decision reached.

E.

Return of Materials. Any sign removed by the city, except any sign of de minimus value, shall be held in storage and the owner or other person in control of such sign, if known, shall be given written notice and thirty days to reclaim such sign. Any illegal sign in the public right-of-way of de minimus value shall be deemed to be abandoned and may be destroyed by the city after removal. No opportunity to reclaim such sign shall be given by the city. For purposes of this section, any sign made of cardboard or other nondurable material shall be deemed to be of de minimus value. Any sign that was removed under this section may be returned to the owner only upon payment to the city of the costs of removal, as specified in this chapter. If no timely request is made for a hearing, or if no demand is made for the return of the materials removed within the time permitted for requesting a hearing, the director or his/her designee is authorized to destroy or dispose of the removed material with no further notice.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)

Definitions from Chapter 17.75 (Signs on Private Property), are incorporated herein, unless modified by the following definitions, which apply specifically to this chapter.

A.

City Property. Land or other property in which the city of Rocklin holds a present right of possession and control, city road easements, and all public rights-of-way, regardless of ownership.

B.

Community Directional Sign. A multi-sided sign structure with a unified design theme accommodating individual directional sign panels; also referenced as a "kiosk."

C.

Traditional Public Forum. City-owned parks, the surfaces of city-owned streets, and, subject to the limitations set forth herein, sidewalks forming the city's vehicular and pedestrian circulation system. Sidewalks and associated rights-of-way located along the outside perimeter of the City Hall Complex are included within this definition. Specifically excluded from this definition, and in no way to be construed as a traditional public forum, is the interior of the City Hall Complex. As of the effective date of this chapter, the City Hall Complex consists of three buildings, internal roads and sidewalks, parking lots, a parking structure, adjacent recreation areas (inclusive of Memorial Park located east of the Historic City Hall), and pedestrian grounds.

(Ord. No. 1006, § 5(Exh. B), 1-28-2014)