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Home My WebLink AboutAgenda Report - July 17, 2002 I-05CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Title 9, Public Peace, Morals, And Welfare, By Adding Chapter 9.19 — Political Sign Regulations And Adopt Resolution Establishing A Cash Deposit Of $100 For Posting Of Temporary Political Signs MEETING DATE PREPARED BY: July 17, 2002 City Clerk RECOMMENDED ACTION: That Council introduce the attached ordinance amending Lodi Municipal Code Title 9, Public Peace, Morals, and Welfare, by adding Chapter 9.19 — Political Sign Regulations and adopt the attached resolution establishing a cash deposit of $100 for posting of temporary political signs. BACKGROUND INFORMATION: Currently the only regulation in the Lodi Municipal Code. specifically addressing political signs is found in section 17.63.120, G. "One unlighted, noncommercial sign not exceeding six square feet in area. Such sign may indicate political, social, religious or economic subjects of public interest and general concern." There are no regulations regarding the length of time political signs may be posted. At the City Council meeting on July 3, 2002 an ordinance for political sign regulations was considered and in response, Council raised the following concerns and suggestions: • Maximum display area of sixteen (16) square feet for a political sign on residential property should be reduced to six (6) square feet. • Opposition to requiring responsible party identification on the signs. • Notification should be made prior to summary abatement by the City of illegally posted signs on private property. • A definitive fee amount was preferable to charging for the "actual cost" of sign removal by the City. Each of the above concerns have been addressed in the attached revised ordinance and resolution. As an administrative function of the City Council nomination process and ballot measure procedure, candidates and ballot measure committees will be asked to complete a form entitled Declaration of Intent to Install Temporary Political Signs. This form will include contact information which staff can refer to should notification about improperly posted signs become necessary. In addition, a $100 deposit will be required for posting of temporary political signs, from which code violations may result in forfeiture of the deposit. FUNDING: None required. Susan J. Blackston City Clerk APPROVED: H. Dixon Flynn -- City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING TITLE 9, PUBLIC PEACE, MORALS, AND WELFARE BY ADDING CHAPTER 9.19 — POLITICAL SIGN REGULATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The following sections are added to the Lodi Municipal Code to read as follows: 9.19.010 Definition 9.19.020 Prohibition of political signs on public property and in the public right-of- way 9.19.030 Political signs on private property 9.19.040 Size 9.19.050 Time Period and Removal 9.19.010 Definition. "Political Sign" is any display utilized for the purpose of proposing or opposing the election of a candidate or ballot measure. 9.19.020 Prohibition of political signs on public property and in the public right-of-way. No person shall paint, mark or write on, post, attach, or otherwise affix, any sign to or upon any public property, including but not limited to any public building, sidewalk, crosswalk, curb, fence, wall, public playground equipment, and/or facilities, street lamp post, utility pole, hydrant, tree, street or traffic signs. Additionally, no political sign shall be placed, posted, or otherwise affixed in the public right-of-way, including parkways (e.g. the area between curb and sidewalk) or medians. 9.19.030 Political signs on private property. Political signs may be placed on private property with the consent of the property owner (or person entitled to possession) or their authorized agent, if any, subject to the following: A. They will not be placed in a manner that obstructs either vehicular traffic (either by physical obstruction or obstruction of sight lines) or pedestrian traffic. They shall not present a physical danger to persons or property. 9.19.040 Size. The maximum display area for a political sign on residential property is six (6) square feet per sign face. The maximum display area for a political sign on commercial or industrial property is thirty-two (32) square feet per sign face. 9.19.050 Time Period and Removal. No political sign shall be erected or maintained by or on behalf of a candidate prior to his/her filing of official nomination papers for public office. All political signs shall be removed within ten (10) days after the election. With respect to ballot measures, no political sign shall be erected or maintained prior to the qualification of a measure for the ballot, and shall be removed within ten (10) days after the election. Any sign which is an immediate peril or menace to the public or any person, or is posted on public property or in any public right-of-way may be removed summarily (without notice) by the City. Illegal signs on private property may be removed summarily by the City after reasonable notification to the appropriate candidates, sponsors, and/or ballot measure committee. Summary abatement by the City may result in all or part of the cash deposit for temporary political signs, as established by resolution, being forfeited. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. This ordinance shall be published one time in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and shall take effect thirty days from and after its passage and approval. Approved this day of , 2002 PHILLIP A. PENNINO Mayor Attest: SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held July 17, 2002, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2002 by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. SUSAN J. BLACKSTON City Clerk Approved as to Form: RANDALL A. HAYS City Attorney RESOLUTION NO. 2002-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, ESTABLISHING A CASH DEPOSIT OF $100 FOR POSTING OF TEMPORARY POLITICAL SIGNS WHEREAS, in order to ensure that political sign regulations are adhered to it is necessary to adopt a resolution addressing this matter; and WHEREAS, the regulations would require all Council candidates running for office and local ballot measure committees intending to post temporary political signs to make a $100 cash deposit to ensure the removal of their signs within ten (10) days following the election; and WHEREAS, summary abatement by the City of illegally posted temporary political signs may result in all or part of the cash deposit being forfeited by the candidate and/or local ballot measure committee; and WHEREAS, following the election, when it has been determined that summary abatement by the City of illegally posted signs was not required, the $100 deposit will be returned to the candidate and/or local ballot measure committee. NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby adopt resolution establishing a cash deposit of $100 for posting of temporary political signs. Dated: July 17, 2002 hereby certify that Resolution No. 2002-161 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 17, 2002 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None Susan J. Blackston City Clerk 2002-161 MEMORANDUM F . Office of the Lodi City Clerk TO: Randy Hays, City Attorney Rad Bartlam, Community Development Director Richard Prima, Public Works Director FROM: Susan J. Blackston, City Clerk DATE: July 11, 2002 SUBJECT: POLITICAL SIGN ORDINANCE / RESOLUTION Attached is the revised Ordinance for Political Sign Regulations and a Resolution establishing a cash deposit. The major revisions are: • Political sign definition is more generic and makes no reference to "national or state" elections • Residential sign size decreased to 6 square feet. • No identification is required on the signs. I will have candidates complete an internal form as part of the nomination process, which will include contact info for their signs. • Rather than being liable for "cost incurred", a $100 deposit will be forfeited if summary abatement by the City is necessary. • To address some Council Member's desire for the City to provide notification before removing signs on private property — I added "reasonable notification". I purposely didn't specify a number of days because it could be a logistical nightmare administratively to track it. Please notify me today if you have any concerns or feel that further amendments are necessary. It is anticipated that the Council packet will be copied Friday morning. 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