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Home My WebLink About4.04 Signs in Public Right of Way Co -,P-0 CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: November 13, 1990 SUBJECT: Signs in the Public Right-of-Way (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Copy of Municipal Code Sec. 7.04.070 2) Copy of Sign Ordinance Sec. 8-87.50(S) RECOMMENDATION: „ ] etain existing ordinance sections and direct Staff to collect the cost of sign removals over $50. FINANCIAL STATEMENT: A one-month history of "open house” sign removal costs indicates the average cost per sign to be about $1.50. This cost is paid from the Street Maintenance Operating Budget. DESCRIPTION: Several months ago, the City Council directed Staff to research the City's ability to assess a fine or charge for repeated violations of Municipal Code Section 7.04.070 related to "posting on public property." Staff has been picking up signs or other objects in the public right-of-way if the maintenance crew is already working in the area or if a complaint is received. The maintenance crew does not actively seek out the signs. Per the adopted City Public Works policy, paper or cardboard signs are disposed of, and the wooden or plastic signs are retained at the Corporation Yard for a period of 30 days, after which those signs are also disposed. At the present time, violators are not charged a fine or cost to recover the signs. Section 7.04.070 of the Municipal Code (the encroachment ordinance) and Section 8-87.50(5) of the Sign Ordinance allow the City Manager to bill_ for the cost of removing the sign. If the bill_ is unpaid, the City would then need to file a civil suit to collect the money. Staff contacted several other cities (San Ramon, Danville, Pleasanton, Livermore, and San Leandro) and determined that while all of them have a similar ordinance, it is either not enforced regularly or the violators are not fined. Danville and San Ramon both pick up the signs. San Ramon has a mechanism for charging a violator in that the Planning Department must sign a release before the person can retrieve the sign. San Ramon's fee schedule contains a $2.50 per square foot charge for sign violations; however, Staff was advised that only one violator had ever been asked to pay. Danville allows the violator to retrieve the sign at no cost. The City of San Leandro does occasionally send out cost-plus-overhead bills for removal of signs. If the bill_ is not paid, those under $250.00 are turned over for collection, and those over $250.00 are taken to small claims court. San Leandro's Finance Department stated, however, that no bills for sign removal_ had been sent out recently. In analyzing this situation, the following issues have been identified: 1. The Maintenance Department does not now track the cost of removing illegal signs separately from other "beautification" activities such as weeding or litter pickup and would need to do so in order to charge the owner. The actual cost of removing one illegal "open house" sign or "garage sale" sign is not significant, as it takes only a few minutes to pick up the sign and then take it out of the truck at the Corporation Yard. Maintenance Staff kept track of the actual cost involved for a one-month ----------------- ---------------------------------------------------------- ITEM N0. COPIES TO: period, including time to discuss the ordinance with the owner, and came up with an average cost of about $1.50 per sign. This cost could become significant, however, if a number of handbills or posters were involved. 2. If a fee is tied to recovery of the sign, as it is in San Ramon, the fee would need to be low enough to make recovery worthwhile. According to the realtors Staff has spoken with in the past, the cost of a wood or plastic A-frame sign is about $25.00. However, the cost of handbills, political campaign signs, or other paper signs is negligible, and recovery would probably not be an issue. Staff feels that the inconvenience involved in having to pick up signs at the Corporation Yard, which is only open from 7:00 to 8:00 a.m. and 3:00 to 4:00 p.m. , is probably deterrent enough for most owners of "open house" signs. While there have been repeat offenders, most of the individuals involved have simply been unaware of the ordinance or misunderstood where the right-of-way lines were. The Sign Ordinance does allow the City to prohibit repeat offenders from placing any further "open house" signs in the City, and Staff could utilize this option for cases in which the ordinance is flagrantly disregarded. In the case of the handbills and posters, since the existing ordinance allows the City to bill the cost of removal, Staff would recommend exercising that option when the cost to the City is over $50.00 and if the owner can be positively identified. -2- 7.04.060 overhead shall be charged to and paid for 7.04.080 Public service banners. by the permittee.(Ord. 15-89§7: Ord. 13 A. Notwithstanding the provisions of § 1 (part), 1982) Section 7.04.070 hereof, public service banners may be placed within any public .� 7.04.070 Signs on public property. street, alley, or other public property A. No person, except a duly autho- upon issuance of an encroachment per- rized public officer or employee, shall mit by the City Engineer. In issuing such paint,mark,or write on,or post or other- an encroachment permit, the City wise affix,any handbill or sign to or upon Engineer shall consider the safety of any public property including, but not vehicular and pedestrian traffic, the pre- limited to any sidewalk, crosswalk, curb, vention of damage to public property,the curbstone, street, hydrant, tree, shrub, aesthetic conditions of a particular neigh- tree stake or guard, railroad trestle, elec- borhood and the public health, safety, tric light pole, telephone pole, or power and welfare. pole, traffic signal pole, public bridge, B. As used herein, "public service drinking fountain, street sign, or traffic banner" shall mean temporary banners sign. of nonprofit public welfare organizations B. Any handbill or sign found posted. and public service groups which adver- or otherwise affixed upon any public tise events of community interest. property contrary to the provisions of C. The City Manager may, in his dis- this section may be removed by the city. cretion, adopt a policy regulating the The person responsible for any such installation, maintenance, and removal illegal posting shall be liable for the cost of public service banners.(Ord. 15-89§9: incurred in the removal thereof and the Ord. 13 § 1 (part), 1982) City Manager or his designee is autho- rized to effect the collection of said cost. 7.04.090 Maintenance of records. C. Nothing in this section shall apply All permittees and other persons to the installation of a metal plaque or maintaining permanent facilities within plate in a sidewalk commemorating an a street shall keep up-to-date records of historical cultural or artistic event loca- the location and description of all such tion or person for which the City Man- facilities which records shall be furnished ager or his designee has granted approval. to the City Engineer upon request. As D. Nothing in this section shall apply used herein,"facilities"shall include,but to the painting of house numbers upon. shall not be limited to, underground curbs done in accordance with the provi- pipes, wires, and tanks. (Ord. 15-89 § 41: sions of Section 7.04.110. Ord. 13 § 1 (part), 1982) E. Nothing in this section shall apply to the temporary markings placed by the 7.04.100 Mailbox placement. owners of subsurface installations purs- All mail boxes shall be placed in suant to Government Code Section accordance with the rules and regula- 4216. (Ord. 15-89 § 8: Ord. 13 § 1 (part), tions of the United States Post Office 1982) Department, but no box shall be so 284 Vil A C M) The flag, pennant, or insignia of any charitable, educational, philanthropic, civic, professional or religious organization. N) Signs required to be maintained by law or governmental order, rule or regulation. 0) Murals or other artistic paintings on walls, provided no logos , emblems or other similar devices, sign copy or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting. P) Holiday decorations commonly associated with any national, local or religious holiday. Q) Signs which are within a private recreational use and which cannot be seen from a public street or adjacent properties . R) Signs , with a maximum height of eight (8) feet and a maximum area of twenty-four (24) square feet, denoting the architect, engineer, contractor, or lending agency when placed on work under construction. S) Open-house signs used in connection with the sale of real property subject to the following special provisions: 1) A maximum of four (4) open-house signs are permitted for each property being advertised for sale. Such signage shall be located outside the public right-of-way (which includes, but is not limited to, the sidewalk) located adjacent to property lines . Proper authorization by the affected private property owner, shall be secured prior to placement of signs. Such signage shall be located in such a manner that it does not disrupt the normal flow of vehicle or pedestrian traffic and does not block views of such traffic. Signing is prohibited in the center divider strip and/or traffic islands of public streets. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole. 2) Only one of the signs utilized for each respective open-house properties shall be located along a major City arterial. The size of the sign shall not exceed four (4) square feet per side, and the height shall not exceed four (4) feet above grade; 3) Open-house signs shall be permitted only during the weekend period from 10:00 a.m. Friday through sunset on Sunday evening, and Tuesdays from 10:00 a.m. to 1:00 p.m. Such signing is not to be adhered or attached to any public sign post, traffic signal or utility pole; 4) The City shall be authorized to assess all necessary costs for the time spent by City personnel, or .its authorized agents, to remove illegally located open-house signs. In cases of repeated violations of requirements dealing with open-house signs, rights to locate new open-house signs in the City shall be forfeited. i -18- r roll