HomeMy WebLinkAboutItem 8.3 Temporary Non-Commercial Signs EnforcementSTAFF REPORT
CITY COUNCIL
Page 1 of 5
Agenda Item 8.3
DATE: September 2, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Temporary Non-Commercial Signs Enforcement
Prepared by: Amy Million, Assistant Director of Community Development,
Marsha Moore, City Clerk, and Gregory Shreeve, Chief Building Official
EXECUTIVE SUMMARY:
The City Council will receive a report on the City’s regulation of political campaign signs and
potential amendments to strengthen the enforcement of those regulations. The City Council
requested this Report under Item 9 at the November 5, 2024, Regular City Council Meeting.
STAFF RECOMMENDATION:
Receive the report and direct Staff to implement a sign retrieval fee, adjust the sign display
time limit, and require a consent form for placement of signs on private property.
FINANCIAL IMPACT:
The financial impact of implementing the recommendations is anticipated to be minimal.
DESCRIPTION:
At the November 5, 2024 meeting, the City Council directed Staff to return with a report
regarding the City’s regulation of political signs, along with suggestions to strengthen the
enforcement of those regulations.
Background
The Dublin Municipal Code (DMC) classifies temporary political campaign signs as “Temporary
Non-Commercial Signs”. Temporary Non-Commercial Signs are signs for short-term display
that do not include a “Commercial Message,” such as signs that reference activities conducted
by nonprofit organizations, clubs, groups, or associations, including political campaigns. These
signs are exempt from a sign permit provided the responsible party has written permission
from the property owner and they comply with the following Sign Regulations (DMC Section
8.84.140.K):
127
Attachment 3
44
Page 2 of 5
1. Be displayed for no more than 60 consecutive calendar days.
2. Be placed on private property.
3. Be no more than 16 square feet per side in area per individual sign and up to 80
square feet of maximum aggregate area per lot.
4. Not be placed within the public right-of-way or within 660 feet of and visible from the
right-of-way of Interstate 580 or Interstate 680.
Staff actively seeks to educate political campaigns and encourage voluntary compliance with
the Sign Regulations. For instance, Staff holds a pre-candidate workshop prior to the start of
the nomination period and provides information about the Sign Regulations. Additionally, Staff
holds individual appointments with candidates to receive nomination papers and again share
information about the Sign Regulations.
Enforcement of the Sign Regulations occurs on both a proactive and reactive basis. Code
Enforcement Officers regularly canvass the City for code violations and remove signs in the
public right-of-way or those on private property that are in clear violation (e.g., too large).
Additionally, Staff is made aware of potential violations through citizen complaints received via
SeeClickFix, phone call, or email. In a typical election year, Code Enforcement removes
around 60 political signs from the public right-of-way. Last year, they collected two signs that
were larger and of a higher quality design that a candidate may want back; all other signs
collected were standard lawn signs. Code Enforcement documents the violation though the
creation of a code enforcement case and then typically discards the signs. The time associated
with removing illegal signs and the associated administrative tasks are handled through the
normal work of the existing Code Enforcement Officers and does not cost the City additional
funds. However, it does require the allocation of time that impacts other code enforcement
activities during active campaign periods.
The DMC permits the issuance of administrative citations for violations of the Sign
Regulations. However, it is often difficult to identify the individual responsible for a sign. While
signs often identify the name of a candidate, organization, or event, the signs may be installed
by third parties, such as supporters, volunteers, or opponents. As a result, the individual or
entity identified on the sign may not always be responsible for its placement. Enforcement
actions must be directed at the person or party in violation of the regulations. In short, this is
very difficult to prove so it has not been used as an enforcement tool.
On September 1, 2020, the City Council received a report on the City’s regulation and
enforcement practices pertaining to temporary political signs. At that time, the City Council
directed Staff not to amend the DMC as it pertains to the Sign Regulations, and to discard
signs that are removed from public property rather than storing them. The City Council further
directed Staff to utilize the administrative citation process in cases involving repeat violations.
Analysis
For reference, Staff researched examples of regulations related to political signs in other cities.
The following is a selection of what nearby cities are doing in terms of enforcing regulations:
12845
Page 3 of 5
City Fine or Fee? Procedures
Pleasanton Fee for the expense of
removal and storage, not
to exceed $5, unless
unusual effort is required.
Signs are collected and notice is provided to the
responsible party. Signs are held for at least 20
days. Payment of the fee is required to retrieve
the sign, or the City will bill the party responsible
if no return of the sign is requested.
Walnut
Creek
92.50 to retrieve sign,
based on City’s Fees and
Charges Schedule.
The City notifies the owner of the sign and
informs them of the procedure to retrieve the
sign. To retrieve the sign, the owner can pay the
fee. Signs not retrieved may be disposed of after
15 days.
Concord Storage fee of $30, as
determined by Master
Fees and Charges
Schedule.
Signs are collected and destroyed if not claimed
within 15 days. Any person claiming a sign
within the 15-day period is subject to a fee for
the cost of removal and storage. The Code also
allows penalties for violations of the section of
the code.
San Leandro Person responsible is
liable for the cost incurred
for removal of signs.
The City will give the responsible party a chance
to remove the sign first. The City also requires
the candidate/campaign to sign an agreement
that must be filed with the City Clerk two days
prior to installing signs.
The following Alameda County cities that responded to an inquiry do not have a fine or fee:
Livermore, Piedmont, Alameda, Hayward, and Union City. The City of Berkeley allows signs on
public property, so they are not included in the comparison.
In addition, the following cities require the party responsible for the sign to obtain permission
from the property owner before placing the sign on their property: Concord, San Leandro,
Walnut Creek, Albany, Alameda, Piedmont, and Pleasanton. Most cities operate on a
complaint basis and will contact the responsible party to obtain proof that permission was
received or tell the property owner to remove their sign if permission was not received.
Policy Considerations
The information below is presented for discussion purposes. Any modifications to the
regulation of Temporary Non-Commercial Signs would apply uniformly to all signs within this
category.
Fines and Fees
As discussed above, the City would likely face challenges in linking the cited individual or entity
to the specific sign violation. Therefore, the City may lack the legal basis to cite an individual or
entity. Based on this, Staff does not recommend assessing fines to candidates/campaigns
through the administrative citation process.
Alternatively, the City Council could consider implementing a fee to recover the costs
associated with collecting and storing signs that are displayed on public property. Staff would
12946
Page 4 of 5
store signs that are collected from public property for 15 days. During that time, candidates
could contact the City to retrieve their sign(s). The fee would be charged on a per sign basis to
candidates that choose to recover their signs. Staff estimates an average cost of $25 per sign
to perform this service.
Display Period
The current regulations limit the display for Temporary Non-Commercial Signs to a period of
no more than 60 consecutive calendar days. However, this is difficult to track because these
signs are exempt from permitting and Staff does not always know when they are first
displayed. Staff recommends amending the Sign Regulations to include an additional
requirement to limit the display to a maximum period of 60 consecutive calendar days and to
remove the sign within seven days following the conclusion of the event, whichever occurs
first.
Private Property Owner Authorization
As noted above, Temporary Non-Commercial Signs on private property do not require a sign
permit but do require the property owner’s written permission. To further strengthen this
requirement, Staff recommends creating an Owner Authorization Form for the responsible
party to use to document the property owner’s written permission to display a sign on their
property. If the City receives a complaint, Staff will contact the campaign and request a copy of
the property owner’s written permission. The property owner would be responsible for
removing signs from their property that are placed without their permission.
Other Improvements
In addition to implementing any direction provided by the City Council, Staff is already planning
to enhance the educational materials provided to candidates and outreach activities conducted
during campaign season. This includes the following:
Creating a Sign Placement Infographic: To further enhance proactive enforcement efforts, Staff
will update informational materials and graphics to clearly explain the permitted placement of
signs, especially where City right-of-way is adjacent to private property.
Conducting Additional Outreach: Staff will contact the Alameda County Registrar of Voters
Office and Secretary of State to obtain a list of non -City candidates and ballot measure
committees that overlap with the City limits that may be placing signs within the City.
Information about the City’s Sign Regulations will also be sent to those candidates and
committees.
Next Steps
Based on the City Council’s direction, Staff will prepare the appropriate regulations and
policies to implement that direction. Any amendments to the Sign Regulations require the
Planning Commission to review and make a recommendation to the City Council prior to
consideration by the City Council.
13047
Page 5 of 5
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
13148
Attachment 4
Chapter 8.84
SIGN ORDINANCE
Section 8.84.050 Signs Subject to Permits
O.2. Banner Signs. Up to two (2) Banner Signs are permitted pursuant to a Zoning
Clearance and may be placed on site for a maximum of twenty-one (21) consecutive
calendar days per permit. A minimum waiting period of forty-two (42) consecutive
calendar days between displays is required. A Banner Sign shall not be larger than sixty
(60) square feet in size and shall not be located so that it is higher than the eave of the
structure in which the business is located. One (1) Banner Sign may be displayed on a
tenant’s building frontage and one (1) Banner Sign may be displayed on the street
frontage. If there is more than one street frontage, one (1) Banner Sign may be
displayed on each street frontage (in lieu of the building frontage), up to two (2) street
frontages, if the Banner Signs are at least two hundred (200) feet apart.
Section 8.84.120 Freestanding Sign General Regulations
(D) Main Entrance Proximity. Freestanding Signs shall be permitted at one (1) two
(2) or more of the main entrances pursuant to a Master Sign Program.
8.84.140 Exempt Signs
H. I. Real Estate Signs
I. H. Real Estate Directional Signs
K. Temporary Non-Commercial Signs. Temporary Non-Commercial Signs
provided they shall comply with all the following:
1. Be displayed for no more than sixty (60) consecutive calendar days.
2. Be removed within seven (7) days following the conclusion of the event that is
the subject of the sign.
23. Be placed on private property with the property owner’s written permission.
34. Be no more than sixteen (16) square feet per side in area per individual sign
and up to eighty (80) square feet of maximum aggregate area per lot.
45. Not be placed within the public right-of-way or within six hundred sixty (660)
feet of and visible from the right-of-way of Interstate 580 or Interstate 680.
49
8.84.170 Application - Contents.
Application for a permit shall be filed on a made in writing upon forms furnished by the
Department of Community Development and shall include the property owner’s
signature authorizing the application, and other information determined by the
Community Development Director.
8.84.270 Illegal Signs - Summary Removal
E. Each person who erects a sign, which is subject to removal under this section, is
jointly and severally liable for the cost of removal. Temporary Non-Commercial signs
removed from the public right-of-way shall be stored for a minimum of fifteen (15) days.
The person responsible for the Temporary Non-Commercial sign is responsible for
costs associated with the removal and storage. For the purpose of this section, the
person responsible means the person that is the subject of the event or activity
displayed on the Temporary Non-Commercial sign.
50