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Ordinance No. 59 • ORDINANCE NO. 59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, REPEALING CHAPTER 7 OF DIVISION 7 OF TITLE 2 OF THE SAN BERNARDINO COUNTY CODE PERTAINING TO POLITICAL SIGNS AND ENACTING CHAPTER 4. 08 OF THE CHINO HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7 of Division 7 of Title 2 of the San Bernardino County Code as adopted by the City of Chino Hills by Ordinance No. 92-02 is hereby repealed. SECTION 2. The Chino Hills Municipal Code is hereby amended by the addition of Chapter 4.08, "Political Signs, " to read as follows: "Chapter 4 .08 POLITICAL SIGNS • Sections: 4. 08.010 Intent. 4. 08.020 Definition. 4.08. 030 General Provisions. 4 . 08. 010 Intent. It is recognized that there have been abuses in the placement of political signs within San Bernardino County including trespassing upon private property; placement without permission from the property owner; placement in such a fashion as to make them difficult to remove; littering caused by dislodged political signs; sight - distance hazards to traffic because of size and location; distracting appearance and displeasing aesthetically; unnecessary proliferation; and other reasons, all of which are determined to be contrary to the best interests of the community and in opposition to the public health, safety, and welfare. The intent and objective in establishing the regulation of political signs are to ensure the compatibility between utilization of political signs and the protection of the right to privacy of individuals and the quiet and undisturbed enjoyment of property. ROE:1135.2 • 4.08. 020 Definition. A 'political sign' as used herein shall mean any sign that indicate that any one or a combination of the following: (a) The name and/or picture of an individual seeking election or appointment to a public office; (b) Relates to a forthcoming public election or referendum; or (c) Advocates a person's, group's, or party's political views or policies. 4 . 08.030 General Provisions. Political signs shall henceforth be erected in the City only in accordance with the provision of this Chapter. (a) Prior to the placement of political signs within the City, a permit and a deposit of Seventy-five dollars ($75. 00) shall be required. The deposit shall be used by the City to recover the City's costs of removing any of that permit holder's signs placed in violation of this Chapter or not removed by the permit holder when required by this Chapter. Any funds remaining on deposit and not used by the City shall • be returned to the permit-holder after sixty (60) days following the election. The Director of Community Development shall issue the permit based upon the regulations and restrictions of this Chapter. In addition to the deposit required hereunder, the permit holder shall agree to pay all . reasonable costs incurred by the City for removing such signs. (b) Political signs shall be limited to one per candidate or issue on any lot which contains a residential structure. Signs shall not be posted on vacant property without the property owner's consent. (c) Political signs shall be permitted forty-five (45) days prior to the election or vote. (d) Maximum area of a political sign, not to include legal billboards, shall be eight (8) square feet in residential areas and thirty-two (32) square feet in all other areas. (e) Temporary political signs shall not be erected at any location where the sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign. (f) Political signs shall not be nailed or affixed to any publicly owned or maintained tree, fence post, or public • utility pole and shall not be located in the public right-of- ORANOB:1135.2 -2- • way, parkway, or on publicly owned land. (g) Political signs which have an adhesive backing shall not be affixed directly to any structure. Such a sign with adhesive backing shall first be affixed to a temporary backing of wood, paper, or plastic for support which can be easily removed from its posted location. (h) All political signs shall be removed and properly disposed of within thirty (30) days after the election or voting date. (i) All political signs shall comply with all provisions of the City's Municipal Code and the San Bernardino County Code as adopted by reference by the City. If at any time a political sign is deemed in violation of this Chapter, the sign shall be removed and the permit holder shall be assessed the actual costs to the City to remove such signs. The City shall deduct the costs of removing signs in violation from the deposit paid by the permit holder. In the event the deposit is insufficient to cover the City's removal costs, the City shall bill the permit holder for the difference. (j) The applicant shall sign a statement with the Community Development Director indicating that such person understands the regulations and that all signs that do not • conform are subject to immediate removal by the City without notification. " SECTION 3. Upon the effective date of this Ordinance, the provisions thereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code or other relevant non-codified San Bernardino County Ordinances as the same were adopted by reference by City Ordinance Nos. 91-01 and 92-02. SECTION 4. If any section, subsection, subdivision, sen- tence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivi- sion, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify as to the adop- tion of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall • post a certified copy of this Ordinance, including the vote for ORANGE:1135 2 -3- • and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. PASSED, APPROVED, AND ADOPTED this 13th day of September , 1994. GARY . LARSON, MAYOR ATTEST: ftregoA-.24 (74- LINDA D TH CITY CLERK' APPROVED AS TO FORM: II 12) THO 111W'. WOO , ATTY • 90E:1135.2 -4- • • STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that foregoing Ordinance No. 59 was duly introduced for first reading at a regular meeting of the City Council held on the 23rd day of Augusta= , 1994, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 13th day of September , 1994, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: LARSON, WICKMAN, GRAHAM, NORTON-PERRY, AND THALMAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE fr,4+ -AA ) 6077;4Q ‘IWAreiP4. LINDAH CITY CLERK • (SEAL) The foregoing is the original of Ordinance No. 59 duly passed and adopted by the Chino Hills City Council at their regular meeting held September 13, 1994. . 24k.47,,G/074 . LINDA , CITY CLERK 90E:1135.2 -5- _m, 5-