HomeMy WebLinkAboutOrdinance 1406 (Political Signs)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1406 entitled:
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER
8.12 "MISCELLANEOUS PUBLIC OFFENSES", SECTION 8.12.080, BILL
POSTING AND POLITICAL SIGNS ON PUBLIC PROPERTY PROHIBITED, AND
SECTION 8.12.090, PERMITTING THE POSTING OF BILLS AND POLITICAL
SIGNS ON PRIVATE PROPERTY WITH THE OWNER'S CONSENT
is a true and correct copy of an ordinance of said City and was
introduced at a regular meeting of the City Council
of the City of San Rafael, held on the seventeenth day of
Auvust 9 1981, published as required by City Charter in the
Independent -Journal , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a regular meeting of the City Council of said City
held on the seventeenthday of August , 1981, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
twentieth day of August ,
1981.
J A NE M. LEAL t, City Clerk
ORDINANCE NO. 1406
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL
AMENDING CHAPTER 8.12 "MISCELLANEOUS PUBLIC OFFENSES," SECTION
8.12.080, BILL POSTING AND POLITICAL SIGNS ON PUBLIC PROPERTY
PROHIBITED, AND SECTION 8.12.090, PERMITTING THE POSTING OF
BILLS AND POLITICAL SIGNS ON PRIVATE PROPERTY WITH THE OWNER'S
CONSENT.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. For the purpose of protecting the legitimate,
important and substantial interests of public and private property
within the City of San Rafael, and in keeping public and private premises
free from unwanted litter and unauthorized and illegal defacement or
destruction in connection with the posting of bills and political
signs thereon, the City Council of the City of San Rafael hereby
amends Chapter 8.12 of Title 8, Section 8.12.080 and 8.12.090 of the
San Rafael Municipal Code to read and provide as follows:
Section 8.12.080. Bill Posting and Political Signs on Public
Property Prohibited. It is unlawful for any person to tack, paste or
in any manner affix or attach any political sign, bill, poster, adver-
tisement, notice or matter of any kind whatever, printed or otherwise,
to or upon any City property, park or public place including any street-
light standards or trees in or thereupon within the City. These
prohibitions do not extend to notices that are legally required to
be posted under Federal, State, local or judicial regulations.
Section 8.12.090. Bill Posting and Political Signs on Private
Premises. a) No poster, bill or election sign shall be built, placed
or posted on or affixed to private property or premises without the
prior written consent of the owner, agent or occupant of said premises.
Said written consent shall be obtained on a form designated and supplied
by the City Manager or his designated representative.
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.ORDINANCE NO. 1406 v
b) Election signs shall be posted only as set forth in
Subsection a and only within a reasonable time prior to an election,
but in no event to exceed three (3) months prior to an election.
c) Election signs shall be posted only as set forth in
Subsection a and shall be removed within ten (10) days following an
election.
d) No poster, bill or election sign shall be built, placed,
posted or affixed in any manner where a portion of the sign or its
supports would interfere with the free use of any fire escape, exit
or standpipe or obstruct any required stairway, door, ventilator or
window. No poster, bill or election sign shall be built, placed,
posted or affixed in such a manner or location that it will physically
impede or cause hazardous obstruction to the visibility of vehicles
or persons entering or exiting from doorways or driveways that are in
use.
e) Upon obtaining the consent of an owner, agent or
occupant of premises, posters, bills or election signs may be posted
inside the building or dwelling so that they are visible through the
windows thereof. No permit shall be required from the City for
displaying posters, bills or election signs in the manner set forth
in this paragraph.
DIVISION 2. This ordinance is an urgency ordinance for
the needed preservation of the public peace, health, or safety within
the meaning of Government Code Section 25123 and shall go into effect
immediately. The facts constituting such necessity are as follows:
Certain provisions of the San Rafael Municipal Code governing the
placement of bills, posters, and election signs on public and private
property are inapposite to state and federal case law decisions.
Because of candidates and ballot measure proponents seeking to campaign
for the November, 1981 general municipal election, it is necessary to
enact legally sound provisions and guidelines. This Ordinance is
urgently needed to preserve the peace,tranquility and order of this
community.
DIVISION 3. If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions of
this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section,subsection, sentence, clause
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"DINANCE NO. 1406
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
LAWRENCE E. MULRYAN, Mayor
Attest:
J e NNE M. LEONCII I , City Clerk
The above and foregoing Ordinance No. 1406 was
adopted as an Urgency Ordinance of the City of San Rafael at a regular
meeting of the City Council of San Rafael held on the 17th day of
August , 1981, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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J NE M. LEONCINI, City Clerk