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HomeMy WebLinkAboutCC ORD 1952-842 Outdoor advertising (Repealed by 1140)O:d. No. 342 ORDINANCE NO. 842 AN ORDINANCE REGULATING OUT- DOOR ADVERTISING IN CERTAIN AREAS BORDERING STATE FREE- WAYS; DEFINING THE TERMS USED IN SAID ORDINANCE; PRO- VIDING FOR THE ENFORCEMENT THEREOF; PRESCRIBING PENAL- TIES AND REMEDIES FOR EACH VIOLATION AND REVOKING ALL ORDINANCES IN CONFLICT THEREWITH. The City Council of CITY OF NA- TIONAL CITY, California, DOES OR- DAIN AS FOLLOWS: SECTION 1. PURPOSE: The City Council of City of National City here- by finds and declares that this ordi- nance is adopted in order to: a) Facilitate free and rapid flow of traffic on freeways. (b) Eliminate hazards to the safety of traffic on freeways. (c) Prevent the creation of hazards to the safety of travel on free- ways. le) Promote the public health, safety and welfare. SECTION 2. DEFINITIONS: 1. "Outdoor Advertising Display" de- fined. "Outdoor advertising dis- play means any card. paper. cloth, metal, wooden or other display or device of any kind or character placed for outdoor advertising pur- poses on or to the ground or any tree, wall, rock, fence, building. structure or thing. "Outdoor advertising display" does not include: (a) Official notices issued by any court or public body or officer. tbl Notices posted by any public of- ficer in performance of any pub- lic duty or by any person in giv- ing legal notice. (c) Directional warning or informa- tion structures required by or authorized by law or by Federal, State or County authority. 2. "Outdoor Advertising Structure" defined. "O u t d o o r advertising structure" :means a structure of any kind or character erected or maintained for outdoor advertis- ing purposes upon which any out- door advertising display may be placed. 3. "Sign" defined. "Sign" includes outdoor advertising structures and outdoor advertising display. 4. "To place" defined. The verb "to place' and any of its variants as applied to outdoor advertising dis- plays and outdoor advertising structures includes the maintain- ing. erecting, constructing, posting, painting, printing, nailing, gluing. or otherwise fastening, fixing or making visible in any manner whatsoever. 5. "State freeway" defined. "State freeway" means any section of State highway which has been de- clared to be a freeway by reso- lution of the California Highway Commission pursuant to Section 100.3 of the Streets and Highways Code. 6. "Person" defined. "Person" In- cludes natural person. firm, co- partnership, association, and cor- poration. SECTION 3. PROHIBITED SIGNS AND LOCATIONS: No sign shall be erected, constructed. relocated, paint- ed or maintained. regardless of the dis- trict or zone in which it is located, if: (a) Such sign is designed to have or has the advertising thereon main - rained primarily to be viewed from a State freeway; or Ibl If such sign, because of its lo- cation, size, nature or type, con- stitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon a State freeway, or which creates a condition which endangers the safety of persons or property thereon. SECTION 4. SIGNS EXEMPT FROM THIS ORDINANCE: Nothing contained in this ordinance applies to the follow- ing described sign: A sign not exceeding an aggregate of sixteen (16) square feet in sur- face area which is used exclusively to advertise the ownership, sale or lease of the property on which said sign is placed, or to advertise a business conducted or services ren- dered or goods produced or sold upon such premises. or any other lawful activity conducted upon such premises where such sign is located not less than six hundred (600) feet from the point at which such business or other activity is conducted. SECTION 5. EXISTING USES: Any sign which is lawfully in place and completed at the time this ordinance becomes effective may be continued in place although such sign does not con- form to the provisions of this ordi- nance. Such a nonconforming sign may not be subsequently altered in any of its supporting members except as required by law nor may It be en- larged, extended, reconstructed or moved. If such nonconforming use be discontinued for any reason whatso- ever, or if the sign is destroyed by any means whatsoever to the extent of more than 75^:. of its reasonable value, then in any such case any further use of such sign or the land upon which it stands shall be in conformity with the provisions of this ordinance. Nothing contained herein shall be deemed to require any change in the construction or use of any sign upon which actual construction was lawful- ly begun prior to the adoption of this ordinance and upon which actual con- struction has been diligently carried on. Actual construction is hereby de- fined to be the actual placing of con- struction materials in their permanent position fixed In permanent manner. SECTION 6. Nothing in this ordi- nance shall be deemed to authorize the commission or the omission of any act contrary to any term or provision in any other ordinance of the City of National City, or without any license or permit which is now required, or which hereafter may be required, by any other ordinance of this City. SECTION 7. ENFORCEMENT: 1. In the event any person, firm or corporation should place any sign in violation of the provisions of this Or- dinance, such sign is hereby declared a public nuisance and the Clty Attor- ney shall upon order of the City Coun- cil bring and prosecute an action in any court of competent jurisdiction to enjoin any such person. firm or cor- poration from continuing such sign in place. 2. Every person as principal, agent or employee violating any of the pro- visions 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 ($500.001, or by imprisonment in the city jail of National Clty 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 commit- ted, continued or permitted by such person and shall be punishable as here- in provided. 3. The remedies provided herein are cumulative and not exclusive SECTION 8. REPEALING CLAUSE.: All other ordinances or amendments thereto in conflict herewith are hereby repealed: provided that the foregoing repeal shall not affect any prosecution of any person that is now or that may hereafter be had or taken for the vio- lation of the provisions of said ordi- nances so repealed; provided, further. that the foregoing repeal as in this section provided shall riot efiect repeal of any provisions of zoning or other ordinances which impose greater re- strictions or limitations on the placing of signs. SECTION 9. LEGALITY: If any sec- tion, subsection, paragraph, clause or phrase of this ordinance is for any reason held to he unconstitutional such decision shall not affect the legality of the remaining portions of this or- dinance. The City Council hereby de- crees that it would have passed this ordinance and each section, subsection. .iaragraph, sentence, clause. and phrase thereof irrespective of 'he fact that. any one or more sections, subsections, paragraphs, sentences, clauses. or phrases be declared unconstitutional. SECTION 10. EFFECTIVE DATE: This ordinance shall take effect and be in force on and after the thirty-first day from and after Its final passage. SECTION 11. Before the expiration of fifteen days after its passage. the City Clerk of City of National City shall cause this ordinance to be pub- lished once in the National Clty News, a newspaper of weekly circulation. printed and published in the City of National City. California. PASSED AND ADOPTED by the City Council of the City of National City, California. this 7th day of October, 1952, by the following vote, to -wit: AYES: Councilmen Hart, McCiure, Parchen. Sarn, Carrigan. NAYS: Councilmen None. ABSENT: None. MAURICE CARRIGAN, Idayor of the City of National City, California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Ordi- nance this 7th day of October. 1952. MAURICE CARRIGAN, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 842 of the Ordinances of the City of National City, California. as adopted.,by the City Council of said City, rid a proved by the M or of said City on the :tipsy oGfnber, 1952. 'a.li" l . (Signed)d) IAM. A City Clerk of the City of National Clty, California. (SEAL) News, lt, Oct. 17. Jno. 3088. AND I Ii I:REBY CERTIFY that the same has been duly published ao- cordinhCTo taw. • City Clerk. City of National City, California.