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Home My WebLink AboutCC ORD 1966-1140 Outdoor advertising; repeals Ords. 842 and 973 (Repealed by 2192)ORDINANCE NO. L140 AN ORDINANCE REGULATING OUTDOOR ADVERTISING IN CERTAIN AREAS BORDERING STATE FREEWAYS; DEFINING THE TERMS USED IN SAID ORDINANCE; PROVIDING FOR THE ENFORCEMENT THEREOF; PRESCRIBING PENALTIES AND REMEDIES FOR EACH VIOLATION AND REVOKING ALL ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. SCOPE. Ordinance Numbers 842 and 973 of the ordinance of the City of National City hereby repealed. This ordinance shall not repeal or in any way impair the provisions of any other ordinance of National City. Where this ordinance im- poses a greater restriction upon outdoor advertising than is imposed by existing provisions of law, the provisions of this ordinance shall control. SECTION 2. DEFINITIONS. As used in this ordinance, certain terms are defined as follows: (a) ADVERTISING STRUCTURE. Refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, paint- ing or other advertisement of any kind whatsoever may be placed, including statuary. (b) SIGN. Refers to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or priv- ately owned, other than an advertising structure. (c) Neither "Advertising Structure" nor "Sign''', as used in this ordinance, includes; 1, Official notices issued by a court or public body or officer; 2. Notices posted by any public officer in perform- ance of a public duty, or by any person in giving legal notice; 3. Directional, warning, or information signs or structures required by or authorized by law or by federal, state or municipal authority. (d) ADVERTISING DISPLAY. Refers to advertising structures and to signs. (e) FREEWAY. The term freeway shall be deemed to mean a highway in respect to which the owners of abutting lands have no right to easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highway Code of the State of California. (f) TO PLACE. The verb "to place" and any of its variants as applied to advertising displays includes the main- taining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other- wise fastening, affixing or making visible, any advertising dis- play on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure, or thing. (g) LANDSCAPED FREEWAY. The term "Landscaped Free- way" shall be deemed to mean a section or sections of a free- way which is now, or hereafter may be, improved by the plant- ing of at least on one side of the freeway right of way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway. (h) Visible means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. SECTION 3. ADVERTISING DISPLAYS ADJACENT TO LAND- SCAPED FREEWAYS. No advertising displays shall be placed or maintained on property within 660 feet of a Freeway, regardless of the district or zone in which it is located, if: (a) Such sign is designed to have or has the ad- vertising thereon maintained primarily to be viewed from a Freeway; or (b) If such advertising displays, because of their location, size, nature or type, constitute or tend to con- stitute a hazard to the safe and efficient operation of vehicles upon a Freeway, or which creates a condition which endangers the safety of persons or property thereon. SECTION 4. EXEMPT ADVERTISING DISPLAYS. The provisions of Section 3 of this ordinance shall not apply to any of the following listed advertising structures or signs used exclusively: (a) To advertise the sale or lease of the property on which said advertising display is placed; (b) To designate the name of the owner or occupant of the premises upon which said advertising display is placed or to identify such premises; (c) To advertise the business conducted or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed. (d) Signs, installed and maintained by the local government and/or Chamber of Commerce, which advertise act- ivities being conducted within 12 air miles of such sign,subject message to approval of the location, design/and height by the Planning Commission prior to said installation; provided, however, that said sign or any portion of said sign found to be in violation of the criteria established governing requirements to qualify for a landscape freeway shall be removed within three years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed, and the character of said section or sections shall have been changed from a freeway to a landscaped freeway. SECTION 5. REMOVAL OF PROHIBITED DISPLAYS. Any advertising structure or sign which is now, or hereafter may be, in violation of the provisions of Section 3 shall be removed within three (3) years from the effective date of this ordinance or within (3) years from the project for the landscaping of a section or the date when sections of a Freeway shall have been completed or accepted, and the character of said section or sections shall have been changed from a freeway to a landscaped freeway, whichever is later. SECTION 6. ENFORCEMENT. In the event any person, firm or corporation should place any advertising display in violation of the provisions of this ordinance, such display is hereby declared a public nuisance and the City Attorney shall upon order of the City Council bring and prosecute an action in any court of com- petent jurisdiction to enjoin any such person, firm or corp- oration from continuing such sign in place. Every person as principal, agent or employee violat- ing any of the provisions of this ordinance is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the city jail of National City or in the county jail of San Diego County for a period of not more than six (6) months or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed continued, or permitted by such person shall be punishable as herein provided. The remedies provided herein are cumulative and not exclusive. SECTION 7. SEVERABILITY. If any section, sub -section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be in- valid or unconstitutional, by the decision of any court of com- petent jurisdiction, such decision shall not effect the valid- ity of the remaining portions of this ordinance. PASSED AND ADOPTED by the City Council of the City of National City, California, this...2.5t_h day of__. _Oct oher , 19_6215 , by the following vote, to -wit: AYES: Councilmen Harris, Hogue, Reid, Colburn NAYS: Councilmen None ABSENT: ATTEST: "Morgan I hereby approve the foregoing ,- V i ce Mayor of the City of National City, Calif° is R iOn }this 2 th day of October Ordinance J 1966 --0A} (A-A-2-7-j/ V i ce Mayor of the City of National City, California I herebycertifythat the above and foregoing {1rdtx g g is a full and true copy of Ordinance i No...I.+4 e of the { OrMI s r of the Cityof National City, California as adopted bythe CityCouncil of said Ordinances J Y, P City, and approved by t Vice or of said City, on the 25t h � Y Y, day of_ _October 1966 City Clerk of the City of National City, California. Deputy