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HomeMy WebLinkAbout96-07ORDINANCE NO. 96-07 AMENDING PROVISIONS OF SECTION 32-98 OF THE DANVILLE MUNICIPAL CODE RELATING TO THE REGULATION OF TEMPORARY AND POLITICAL SIGNS LOCATED IN THE PUBLIC RIGHT-OF-WAY The Danville Town Council does ordain as follows: SECTION 1. FINDINGS. The Town Council of the Town of Danville makes the following findings in support of the amendments to the Town's sign ordinance relating to temporary and political signs located in the public right-of-way and on public property: , The proliferation of temporary and political signs in the public right-of-way and on other public property has lead to an increase in visual clutter and causes an aesthetic blight in the community. . Improvements and landscaping located within the public right-of-way have been damaged by the indiscriminate placement of temporary signs and handbills. . In order to address these problems, the Town of Danville must have the ability to quickly and efficiently abate such signs while respecting the rights of those attempting to communicate through this forum. SECTION 2. AMENDING SECTION 32-98 OF THE DANVILLE MUNICIPAL CODE. Sections 32-98.3(t), 32-98.9(k) and 32-98.29(4) of the Danville Municipal Code are hereby amended to read as follows: SIGNS AND OUTDOOR ADVERTISING Section 32-98.3 Definitions t. Public Right-of-Way- That area reserved for public street, sidewalk and utility purposes. For purposes of this section, public right-of-way shall include all improvements within the right-of-way (including, but not limited to, utility poles, traffic signals, benches, hydrants and wires) and all plants and landscaping within the right-of-way. In most cases, the public tie, Jar-of-way is limited to the curb-to-curb street width plus an additional ten feet on each side of the street. However, the precise width of the public right-of-way on any street should be verified with the Town's Engineering Division. Section 32-98.9 Prohibited SiEns k. All temporary or political signs located in the public right-of-way, affixed to any improvement, structure or landscaping located in the public right-of-way or located on any property or structure owned by the Town of Danville. Notwithstanding the above, temporary signs may be tied to the Danville Oak Tree on Diablo Road in a manner which does not injure the tree so long as the signs are limited to community events and announcements and are removed within 48 hours after they are first affixed to the tree. Section 32-98.29 Abatement A sign or sign structure placed or maintained contrary to this article after approval of this ordinance may be abated as follows: . Any temporary or political sign erected or placed in violation of this section may be removed by the Code Enforcement Officer or any other employee of the Town so authorized by the Town Manager. Prior to removal of such signs, the Town shall attempt to contact the candidate, committee, entity or other person responsible for the posting of the sign. If the responsible person can be reached, they shall be given 24 hours to remove the signs. If the signs are not removed within this time period or, if after reasonable efforts no responsible party can be reached, the signs shall be removed and stored at the Town's Service Center. If a sign is erected or placed less than 24 hours prior to the event being advertised or promoted, the sign may be immediately removed. Once signs are removed pursuant to this subsection, the responsible party shall be notified in writing of the removal of the signs, of their right to contest the fact that the sign was placed in violation of this section and of their right to retrieve the signs within fifteen (15) days. If the responsible party contests the removal of the signs, they shall be entitled to an administrative hearing before the Chief of Planning or designee, who shall have the authority to order the signs returned without charge. If the Town retrieves the signs pursuant to this section, the responsible party shall be charged an amount equal to the expense incurred by the Town in removing the signs. If the signs are not retrieved within fifteen (15) days, the signs shall be destroyed or otherwise disposed of by the Town. PAGE 2 OF ORDINANCE NO. 96-07 SECTION 3. SEVERABILITY. The Town Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases. SECTION 4. PUBLICATION. The City Clerk shall have this Ordinance or a summary published in a newspaper of general circulation once within fifteen (15) days of adoption. SECTION 5. CODIFICATION. Section 2 of this Ordinance shall be codified in the Danville Municipal Code. Sections 1,3 and 4 shall not be codified. The foregoing ordinance was introduced on July 16, 1996 and adopted by the Danville Town Council at a Regular Meeting held on August 6, 1996 by the following vote: AYES: Greenberg, NOES: None ABSTAINED: None ABSENT: None Shimansky, Arnerich, Doyle, Waldo . ~. o j 4,..s~'o , ,., if; ~. MAYOR APPROVED AS TO FORM: ATTEST: CITY CLERK CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 96-07 of said Town and that said Ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 3 OF ORDINANCE NO. 96-07