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HomeMy WebLinkAbout88-13 Amending Title 5 Relating to Political Campaign SignsORDINANCE 88-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLE 5 OF THE COSTA MESA MUNICIPAL CODE RELATING TO POLITICAL CAMPAIGN SIGNS, DECLARING SAID ORDINANCE TO BE AN URGENCY ORDINANCE AND SETTING FORTH THE REASONS THEREFOR. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa finds and declares that: (a) Uncontrolled proliferation of political campaign signs preceding and following an election is inconsistent with the intent and purpose of the Sign Ordinance to promote commerce, traffic safety and community identity while improving the quality of the visual environment; and (b) Existing regulations concerning political campaign signs are not sufficient to control the placement of signs before an election and to insure their removal following an election in conformance with the intent and purpose of the Sign Ordinance of the City of Costa Mesa, Costa Mesa Municipal Code Title 5, Chapter VI, Section 5-117 through 5-156 inclusive. (c) An ordinance to correct existing regulatory deficiencies regarding political campaign signs is immediately needed in light of the upcoming general election and is necessary to protect the public health, safety and welfare as set forth in 1 the Sign Ordinance. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: SECTION 2. (a) Amend Section 5-119 (Definitions) "political campaign sign" to read: "Political campaign sign shall mean a sign indicating the name and/or picture of an individual seeking election to a public office, or concerning any issue, ballot measure or ballot proposition in a municipal, community, state or federal election, or pertaining to the advocating by persons, groups, or parties of political views or policies regarding a matter to be voted on in a forthcoming election." (b) Amend Section 5-121(c)(4) (General Provisions, Exempted Signs) to read: "(4) Political campaign signs as defined in Section 5-119(22) and as permitted subject to the provisions of Section 5-129." (c) Add Section 5-129 (Political Campaign Signs) as follows: "Section 5-129 Political Campaign Signs (1) Any person, party or group posting political signs within the boundaries of the City of Costa Mesa shall first post a cash deposit in the amount of one hundred fifty dollars ($150.00) with the City Clerk to guarantee compliance with the provisions of this ordinance. Only one deposit shall be required of any party or group, regardless- of the number of individuals posting signs on its behalf. Candidates or other persons or groups who are not financially capable of providing a cash deposit without impairing their candidacy or campaign, may apply to the City Council to waive or reduce the cash deposit in accordance with the procedures set forth in Title 2, Chapter IX of this Code. The applicant shall present testimony and/or other evidence of financial incapacity, and the City Council shall grant relief if, and only if, it finds that posting the required deposit would significantly impair the applicant's candidacy or campaign, based on substantial evidence presented to the City Council. (2) No political signs shall be placed earlier than thirty (30) days prior to the election to which they relate, and all political signs shall be removed not later than seven (7) days following the date of the election. (3) No political campaign sign shall be placed or posted on any public property or utility pole or within a public right-of-way. The City shall have the right, but not the duty, to remove and dispose of any sign posted or placed in violation of this section. The City shall assess a charge against any candidate or group posting or placing signs in violation of this section and may deduct the amount of the charge from the posted cash deposit. The charge shall be ten dollars ($10.00) for each and every sign removed. If the amount of charges assessed reduces the balance of a candidate's or group's deposit to fifty dollars ($50.00) prior to an election, the candidate or group shall be required to increase the cash deposit to the initial one hundred fifty dollar ($150.00) amount. The balance of the deposit is refundable 30 days after the election. (4) Political campaign signs placed in residential zones shall not exceed twenty- two (22) inches by thirty (30) inches in size. (5) No political campaign sign shall be lighted, either internally or externally. (6) No political campaign sign shall be placed in a manner that would obstruct visibility to pedestrian or vehicular traffic. 3 (7) It shall be unlawful to violate any provision of this section. violation may be punished either as an infraction or as a misdemeanor." SECTION 3. This Ordinance shall take effect and be in full force immediately from and after the passage, and prior to the expiration of fifteen (15) days from its passage thereof, shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 6th day f Sep ember 98 . Mayor of the tity of Costa Mesa ATTEST: ity Clerk of the City of Co a Mesa 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council for the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 88-13 was introduced and considered section by section at a regular meeting of said City Council held on the 6th day of September, 1988, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 6th day of September, 1988, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Buffa, Hornbuckle NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Wheeler IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 7th day of September, 1988. Cilty Clerk and ex -officio C rk -- - of the City of Costa Mesa 5