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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2005 - SECOND READING OF ORDINANCE NO. 201, 2004, AMENDIN ITEM NUMBER: 10 AGENDA ITEM SUMMARY DATE: January4, 2005 FORT COLLINS CITY COUNCIL STAFF: Don Bachman Cam McNair SUBJECT Second Reading of Ordinance No. 201, 2004, Amending Chapter 24 of the City Code, Pertaining to Signs in the Right-of-Way,and Chapter 17 of the City Code,Pertaining to Posting of Notices and Handbills on Public Property. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Section 24-1 of the City Code prohibits placement of signs on streets, sidewalks and other areas owned by the City. Similarly,Section 17-42 prohibits the posting of notices and handbills on public property. An amendment to these Code sections is recommended in order to clarify the methods that will be used to enforce the current provisions. Ordinance No. 201, 2004,was unanimously adopted on First Reading on December 21, 2004. ORDINANCE NO. 201, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SIGNS IN THE RIGHT-OF-WAY, AND CHAPTER 17 OF THE CODE OF THE CITY OF FORT COLLINS, PERTAINING TO POSTING OF NOTICES AND HANDBILLS ON PUBLIC PROPERTY WHEREAS,Section 24-1 of the City Code prohibits the placement of signs on public streets, sidewalks or other areas owned by the City; and WHEREAS, the City Engineer has responsibility over the use of public rights-of-way and has encountered an ongoing problem with individuals placing signs in the public right-of-way,which placement creates a hazard and an aesthetic nuisance; and WHEREAS, it is often difficult to determine who is responsible for illegally placing signs, the person, group or business advertised on the sign benefits from the illegal placing of such signs in the public right of way,yet City staff expends time and resources to remove and store the illegally placed signs; and WHEREAS, the Council believes it is reasonable and fair and in the City's best interest to impose upon those persons, groups or businesses the duty to collect the illegally placed signs and to allow the City to remove and destroy the illegally placed signs that have not been removed or collected by the sign owner; and WHEREAS, Section 17-42 contains a similar prohibition of, and process for the police to remove, illegally placed signs on public property; and WHEREAS,Section 17-42(e)should be amended to allow the police to dispose of illegally placed signs, handbills and notices consistent with Section 24-1. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-42(e) of the Code of the City of Fort Collins is hereby amended to read as follows: (e) Any person or entity whose business,interests or activities are advertised, furthered or promoted by any commercial business signs or noncommercial signs posted in violation of this Section shall, within twenty-four(24)hours of delivery of notice by the city, remove from the public right-of-way any such signs. If the person or entity cannot be ascertained or the sign is not removed after notice, the city may remove and dispose of the sign without further notice,notwithstanding the provisions of§ 23-130, in addition to issuing a citation for violation of this Section. Section 2. That Section 24-1 of the Code of the City of Fort Collins is hereby amended to read in its entirety as follows: Sec.24-1. Signs on streets,sidewalks,and public rights of way prohibited; removal; exceptions; permit. (a) Except as otherwise provided in paragraph (b) of this Section, no person shall erect any sign upon any street, sidewalk, or public right of way as defined in § 17-42, or other area owned by the city. (b) If at any time the City Engineer finds a sign placed or erected in violation of paragraph (a), the City Engineer may remove the sign. The City Engineer shall notify the sign owner that the sign will be disposed of if not collected by the sign owner within ten(10)days. If the sign owner cannot be ascertained or the sign owner fails to collect the sign after notice,the City Engineer may dispose of the sign in any manner,notwithstanding the provisions of§ 23-130, in addition to issuing a citation for violation of this Section. (c) Notwithstanding the provisions of paragraph (a) of this Section, the following signs shall be permitted on streets,sidewalks and other areas owned by the city: (5) If at any time the City Engineer determines that a neighborhood organization which has existing neighborhood recognition signs does not, for any reason,satisfy all the requirements set forth in paragraph(b)(4)of this Section, the City Engineer shall give notice to the sign owner to remove the sign within ten(10)days. If the sign owner fails to remove the sign after notice, the City Engineer may remove and dispose of the sign without further notice, notwithstanding the provisions of § 23-130, in addition to issuing a citation for violation of this Section. (6) Signs placed by the city on bus benches and bus shelters displaying advertisements, provided that: a. Any bus shelters displaying advertising signs shall be located either: (1)within three hundred(300) feet of any existing commercial/retail or industrial use, (2) within three hundred (300) feet of any land zoned to permit any commercial/retail or industrial use, or(3)along any arterial street provided that no residential uses front on such arterial street within three hundred(300)feet of such bus shelter;and b. If signs are placed on bus benches or bus shelters by a private contractor pursuant to a contract between the city and said contractor. such contract shall specify the content,size,placement,illumination, design and material to be used for the construction of the benches or shelters, and the signs placed thereon, so as to minimize the visual impacts of such signs on the general public and surrounding properties. (7) Neighborhood entry signs which have been authorized pursuant to Chapter 23, Article III, Division 4 of the Code. Introduced, considered favorably on first reading, and ordered published this 21st day of December, A.D. 2004, and to be presented for final passage on the 4th day of January, A.D. 2005. Mayor G- ATTEST: City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: December 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Don Bachman Cam McNair SUBJECT First Reading of Ordinance No. 201, 2004, Amending Chapter 24 of the City Code, Pertaining to Signs in the Right-of-Way, and Chapter 17 of the City Code, Pertaining to Posting of Notices and Handbills on Public Property. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Section 24-1 of the City Cod Erohibitsfilce n gns o streets, sidewalks and other areas owned by the City. Similarly, l'7�rQhlbia the posti of notices and handbills on public property. An amendment to these Code sections is recommended in order to clarify the methods that will be used to enforce the current provisions. BACKGROUND Section 24-1 applies to signs in the public right-of-way. As right-of-way manager for the City, the City Engineer's office will be specifically authorized to immediately remove illegal signs from public rights-of-way. The City Engineer's office will then notify the owner(s) to retrieve the signs from the Engineering Department. If the signs are not picked up by the violator within 10 days,then the signs may be disposed of at the City Engineer's discretion. Section 17-42 applies to the postiWofhandbjlls and notices in the ublic rights-of-way. This Code section is usually enforced by t Poli part n p Sea on. 7-4e)needs to be clarified to allow the Police to remove and disp of ille sign h e no een removed after the violator has been notified.