HomeMy WebLinkAboutCC ORD 2012-2373 Amend Title 13 Add Chapter 13.28 Proprietary Use of City PropertyORDINANCE NO. 2012 — 2373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING TITLE 13 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING
CHAPTER 13.28 PERTAINING TO PROPRIETARY USE OF CITY PROPERTY
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City that Title 13 of the National City Municipal Code is hereby amended by adding
Chapter 13.28, to read as follows:
Chapter 13.28
PROPRIETARY USE OF CITY PROPERTY
Sections:
13.28.010 Title.
13.28.020 Capacity.
13.28.030 Scope.
13.28.040 Intent as to forum.
13.28.050 Definitions.
13.28.060 Enforcement.
13.28.070 General prohibition.
13.28.080 Signs exempt from the permit requirement.
13.28.090 Permanent, private party signs on City property,
13.28.100 Vehicle signs on City property.
13.28.010 Title. This Chapter may be referred to as the City Property Sign Ordinance.
13.28.020 Capacity. In adopting this Chapter the City Council acts in its proprietary
capacity as to City property.
13.28.030 Scope. This Chapter states City policies and rules for the display of signs on City
property, as defined herein.
13.28.040 Intent as to forum. The City declares its intent that all City Property shall not
function as a designated or limited public forum for sign display, unless some specific portion of
City Property is designated as a public forum of one particular type; in such case, the
declaration as to public forum type shall apply strictly and only to the specified area and the
specified time period. By adopting this Chapter, the City Council intends to balance the rights of
free speech, protected by the First Amendment to the U.S. Constitution and corollary provisions
of the California Constitution, against the City's own speech rights, its own property rights, and
the public interests in reducing the visual clutter and safety risks that can result from excessive
or inappropriate signage.
13.28.050 Definitions. For purposes of interpreting and enforcing this Chapter, the following
words have the special definitions given. For words not defined in this Chapter, definitions from
the Regulatory Sign Ordinance may be used.
"Administrator" means the person authorized by the City Council to enforce and interpret
this Chapter; in the absence of a contrary authorization by the City Council, the Administrator
shall be the City Manager or his/her designee.
"City" means, for purposes of this Chapter, the City of National City, California and any
other legal entity for which the members of the City Council also act as the legislative or policy -
making body, when such other entities formally adopt or approve this Chapter as applicable to
their properties and facilities. Without limitation, such other legal entities include the City as
Successor Agency to the National City Redevelopment Agency, the Community Development
Commission — Housing Authority, the National City Parking Authority, and the Joint Powers
Financing Authority.
"City Property" means land or other property or facilities in which the City of National City
(as defined herein) is the legal owner or has the present right of possession and control (even if
only temporarily), as well as areas that are either designated as public rights -of -way or which
have long been used as such.
"Permit" means a written authorization from the City for third party display of a sign on
City property.
"Personally attended" means that a living person is physically present within five feet of
the sign at all times that the sign is on public display.
"Sign ordinance" means Chapter 18.47 of the National City Municipal Code, as it may be
amended from time to time.
"Traditional Public Forum" means the surfaces of City -owned streets, surfaces of parks
that are open to the public, surfaces of City -owned plazas, surfaces of sidewalks that are
connected to the City's main pedestrian circulation system, and the exterior surface of
pedestrian areas immediately surrounding City Hall.
13.28.060 Enforcement. The Administrator is authorized and directed to enforce this
Chapter. Any violation of this Chapter is declared to be a public nuisance which may be abated
by any means provided by law, including but not limited to any remedy for illegal signs as set
forth in the Sign Ordinance, other city law, or any remedy available under state law, including
but not limited to Penal Code 556, may also be used. Legal remedies under this Section are
cumulative and discretionary, and are not exclusive.
13.28.070 General prohibition. Private persons and governmental agencies other than the
City may not display signs on City Property unless such display is specifically authorized by this
Chapter or by state or federal law or Court order.
13.28.080 Signs Exempt from the permit requirement. The signs described in this Section
may be mounted, installed, or displayed on City Property without a Permit, but remain subject to
all other applicable laws, rules, regulations, and policies.
A. Government signs. Signs posted by the City on City Property to express its own
message(s) to the public; traffic control and traffic directional signs erected by the City or
another governmental entity in fulfillment of their official duties; official notices required or
2 Proprietary Use of City Property
Ordinance No. 2012-2373
authorized by law or court order; signs placed in furtherance of the City's governmental
functions.
B. Picketing in traditional public forum areas. The personal carrying of signs or
"picketing", displaying constitutionally protected noncommercial speech messages, is allowed in
Traditional Public Forum areas, except in the roadway when it is open to normal vehicular
traffic; picketers may not interfere with public ingress or egress or free use of sidewalks or public
right-of-way. All picket signs must be worn on the person, hand held, or personally attended at
all times, and may not exceed a cumulative total of six square feet. (In the case of double -sided
signs, only one side counts toward the area total; if two sides are not equal in size, then the
larger shall be used to calculate sign size.) For safety reasons, picketing is allowed only from
7:00 a.m. until 10:00 p.m.; however, on evenings when there is a public hearing at City Hall,
picketing may continue until thirty minutes after the meeting for such hearing has closed. This
subsection does not authorize the display of commercial messages on City Property, nor does it
authorize the posting of inanimate signs on City Property, regardless of message type. This
section does not apply to personally held signs displayed inside City buildings.
13.28.090 Permanent, private party signs on City property.
A. Permanent Signs on City Property. Notwithstanding Chapter 18.47, in order to
realize the revenue potential of City Properties, and to provide a method for City messages to
be presented to the public, the City Council may allow qualified private parties to place
permanent signs on City property in exchange for rent and other considerations to be negotiated
and included in a lease and/or development agreement. Such permanent signs may use digital
display and may be operated as billboards, i.e., be used for general advertising for hire. Before
entering into any arrangement for private party permanent signs on City Property, a Request for
Qualifications ("RFQ") or Request for Proposals ("RFP") will have been issued and thereafter
considered by Administrator and/or City. The City retains all discretion to reject all proposals
and terminate the prospective program.
B. Proposals. In reviewing any proposed lease, the Council shall consider the
following factors, weighted as the City Council deems appropriate: 1) the degree to which the
lease maximizes the economic value of the City's property; 2) the degree to which the lease will
contribute revenue to the City's general fund; 3) the degree to which the lease will allow
dissemination of the City's own messages, public service messages, and/or emergency
messages to the public; and, 4) the degree to which the lease will encourage economic activity
in the City.
C. Location and Limitations. Any permanent sign located on City Property pursuant
to this Section must satisfy all other applicable legal requirements, including but not limited to
Caltrans rules; and, may be located only alongside 1-5, 1-805, or State Highway 54. No more
than three such new sign structures may be constructed in the City.
--- Signature Page to Follow ---
3 Proprietary Use of City Property
Ordinance No. 2012-2373
PASSED and ADOPTED this 17th day of July, 2
ATTEST:
/,
Michael R. Dalla, City Clerk
A ' ROVED AS TO FORM:
CI
City Attor
a Silva
Ron Morrison, Mayor
4 Proprietary Use of City Property
Ordinance No. 2012-2373
Passed and adopted by the Council of the City of National City, California, on July 17,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
City Clerk of the City of tional City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on July 3, 2012 and on July 17, 2012.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not Tess than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2012-2373 of the City Council of the City of National City, passed
and adopted by the Council of said City on July 17, 2012.
City Clerk of the City of National City, California
By:
Deputy