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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/01/2002 - SECOND READING OF ORDINANCE NO. 141, 2002, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 26 DATE: October 1, 2002 FORT COLLINS CITY COUNCIL FROM• Leroy Forehand Ingrid Decker SUBJECT : Second Reading of Ordinance No. 141,2002,Amending Section 17-42 of the City Code Regarding Posting Notices and Handbills on Premises to Create a Separate Offense for Failure to Remove an Illegally Posted Notice or Sign. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance, which was adopted 4-3 on First Reading on September 17, 2002, adds a new subsection(e)to Section 17-42 making it a violation of the Code for a business or individual whose name is advertised or promoted on an illegally posted sign to fail to remove such sign when notified to do so by the City. • ORDINANCE NO. 141, 2002 OF TH E COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 17-42 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING POSTING NOTICES AND HANDBILLS ON PREMISES TO CREATE A SEPARATE OFFENSE FOR FAILURE TO REMOVE AN ILLEGALLY POSTED NOTICE OR SIGN WHEREAS, the City Council has adopted on first reading Ordinance No. 134, 2002, amending Section 17-42 of the City Code to create different categories of offenses relating to the posting of notices or signs on public and private property; and WHEREAS, while it is often difficult to determine who is responsible for illegally posting signs, the person, group or business advertised on the sign benefits from the illegal posting of such signs in the public right-of-way; and WHEREAS,accordingly the Council believes it is reasonable and fair and in the City's best interest to impose upon such persons,groups or businesses the duty to remove signs that are illegally posted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the following amendment shall be made to Section 17-42 as adopted by Council on first reading of Ordinance 134, 2002: • Sec. 17-42. Posting notices and handbills on premises. (a) The following words,terms and phrases,when used in this Section, shall have the meanings ascribed to them in this subsection (a): Commercial or business sign shall mean any sign,flier, handbill, notice or poster intended to advertise, direct or attract the attention of the public to a business, or intended to induce the purchase of goods, services, property or entertainment, or to promote business or employment opportunities. Nan-commercial sign shall mean any sign, flier, handbill, notice or poster which is not intended to advertise,direct or attract the attention of the public to a business, or intended to induce the purchase of goods, services, property or entertainment, or to promote business or employment opportunities,including but not limited to signs conveying a political, election-related, ideological or personal message, and signs promoting yard sales or garage sales in a residential area lasting no longer than three (3)consecutive days and occurring no more than five(5)times annually at the same location. Public property shall mean any real property, pole, post, tree, barricade, bridge, • fence, railing, utility box, curb, sidewalk, wall, bench, building or structure of any kind which is either publicly owned or located in the public right-of-way. P Public right-of-way shall mean the entire area between property boundaries which is owned by a government, dedicated to public use, or impressed with an easement for public use, which is primarily used for pedestrian or vehicular travel, and which is publicly maintained, in whole or in part, for such use, and includes, but is not limited to the street, gutter, curb, shoulder, sidewalk, sidewalk area, parking or parking strip, and any public way. (b) No person,firm or corporation shall fasten, affix or attach to public property, in any way, any of the following, without the direct authorization of the owner of such property: (1) Any commercial or business sign. (2) Any non-commercial sign. Any person convicted of a violation of this subsection shall pay any costs incurred in repairing any public property to which notices or signs were illegally attached, as well as any costs incurred in the removal of such notices or signs, when such costs are requested by the owner of such property, or the person or entity who removed the notices or signs. (c) No person, firm or corporation shall fasten, affix or attach to private property, including personal property, in any way, any of the following, without the permission of the owner or occupants of such property: (1) Any commercial or business sign. (2) Any non-commercial sign. (d) Permission to fasten such materials to the entrances to private residences shall be implied from the presence of an improved walkway connecting such residence directly to a public right-of-way unless: (1) Access to such walkway is physically restricted by a fence, gate or other permanent structure, or (2) A "No Trespassing" or "No Solicitation' sign or a sign prohibiting posting is posted at or near the entrance to such residence. (e) Any person or entity whose business, interests or activities are advertised, furthered or promoted by any commercial or business sign(s) or non-commercial sign(s)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 sign(s). Any person convicted of violating this subsection shall pay any costs incurred in the removal of the notices or signs that were the subject of the • conviction, when requested by the person or entity who removed the notices or signs. Introduced and considered favorably on first reading and ordered published this 17th day of September, A.D. 2002, and to be presented for final passage I st day of October, A.D. 2002. l Mayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of October, A.D. 2002. Mayor ATTEST: • City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-B DATE: September 17, 2002 10 FORT COLLINS CITY COUNCIL FROM: Leroy Forehand Ingrid Decker SUBJECT : Items Relating to Section 17-42 of the Code Regarding Posting Notices and Handbills. RECOMMENDATION: Staff recommends adoption o CC "01 02 on Se nd Reading and of Ordinance No. 141, 2002, on First Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 134, 2002, Amending Section 17-42 of the City Code Regarding Posting Noti 'lls s t reate Different Categories of Offenses. B. First Reading of Ordina . 1 nding ion 17-42 of the Code of the City of Fort Collins Regarding Posting Notices and Handbills on Premises to Create a Separate Offense for Failure to Remove an Illegally Posted Notice or Sign. Ordinance No. 134, 2002, which was adopted 6-1, on First Reading on September 3, 2002, amends Section 17-42 of the City Code, which makes it an offense to post notices or handbills on public or private premise without permission of the owner, to create four separate categories of offenses depending on whether the notice is commercial or non-commercial in nature, and whether it is posted on public or private proper[ . Creatin subsections to Section 17-42 will allow the Municipal Judge to establish a different s dar i for h to o nse, in recognition of the more serious problem caused by th osting o omm i ces ublic property. Section 17-42, as amended, would retain the ex in c do r stening terials to the entrances to private residences unless access is restricte or a" o Trespassing" or o Solicitation" sign is posted. On First Reading of Ordinance No. 134,2002, Council directed staff to make a number of changes to the Ordinance prior to second reading. The primary changes were to exempt garage sale signs from the definition of"commercial or business sign" and to add a provision that would make it a violation of the Code for a business or individual whose name is advertised or promoted on an illegally posted sign to fail to remove such sign when notified to do so by the City. Ordinance No. 134, 2002, as revised for second reading, specifically includes in the definition of "non-commercial sign" those signs that promote yard sales or garage sales in a residential area lasting no longer than three consecutive days and occurring no more than five times annually at the same location. This language was chosen because sales fitting this description are already exempted from needing an outdoor vendor license under sections 15-381 and 15-382 of the Code. The DATE: September 17, 2002 i 2 ITEM NUMBER: 31 A-B ordinance has also been amended to add the word "handbill' to the definitions of"commercial or business sign"and non-commercial sign",to make them more consistent with the existing title, and to add "election-related" to the definition of"non-commercial sign". Ordinance No. 141, 2002 would add a new subsection (e) to Section 17-42 making it a violation of the Code for a business or individual whose name is advertised or promoted on an illegally posted sign to fail to remove such sign when notified to do so by the City. This change is being made by a separate ordinance because it is beyond the scope of the original Ordinance No. 134, 2002.