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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/19/2006 - ITEMS RELATING TO SIGNS AND DISPLAYS IN THE PUBLIC ITEM NUMBER: 29 A-B AGENDA ITEM SUMMARY DATE: December 19, 2006 FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry/ Steve Roy SUBJECT Items Relating to Signs and Displays in the Public Right-of-Way. RECOMMENDATION Staff recommends approval of each of the Ordinances on First Reading. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 210, 2006,Amending Various Provisions of the City Code Pertaining to Unattended Displays on City Property. B. First Reading of Ordinance No. 211, 2006, Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way. These ordinances address the placement of signs, displays and other encroachments in the public rights-of-way and on other property owned by the City. The first prohibits all unattended displays other than newsracks. The second deals with the City's ability to remove illegally placed signs from public property and destroy them. BACKGROUND Ordinance No. 210, 2006, Amending Various Provisions of the City Code Pertaining to Unattended Displays on City Property. This Ordinance clarifies in writing the City's policy regarding the placement on City property of signs and other displays that may constitute constitutionally protected speech. Essentially, the policy is that any such unattended displays are prohibited, with the exception of newsracks, which must, under the relevant case law,be allowed in the public rights-of-way. The Ordinance amends various sections of the City Code that deal with this subject in different contexts such as sidewalks, parks and natural areas. It also establishes an expedited right of appeal from the denial of a parks or natural areas permit whenever the activity or event for which a permit is sought involves speech or other behavior protected by the First Amendment. December 19, 2006 -2- Item No. 29 A-B Ordinance No. 211,2006,Amending Certain Provisions of the City Code Pertaining to Signs in the Right-of-Way. This Ordinance combines two sections of the Code dealing with the placement of signs in the public right-of-way. Such signs are prohibited by Section 24-1 of the Code, subject to several exceptions. There is another section of the Code (Section 17-42) that also deals with the posting of signs on publicly owned property. These two provisions of the Code differ as to the way in which signs and handbills that violate these provisions may be removed by the City and subsequently destroyed. Section 24-1 states that notice must be sent to the sign owner, if known, and the owner has ten days to retrieve the sign. If the owner cannot be ascertained or if he or she fails to collect the sign after notice,the City may dispose of the sign in addition to issuing a citation. Section 17-42 establishes a more expeditious process for removing and disposing of signs. Under that provision, the person whose business, interests or activities are advertised, furthered or promoted by a sign posted in violation of the section must, within 24 hours after being notified by the City,remove the sign or else it will be summarily removed and destroyed without further notice. The person who illegally posted the sign and/or failed to remove it after notice can be cited for violation of this Code section. Staff believes that the more summary process contained in Section 17-42 is preferable for these kinds of violations because it does not require the City to remove and keep the illegal signs pending a response by the responsible party. Therefore, staff is recommending that this process be consistently used for the removal of all signs illegally posted on public property and this Ordinance would make that change. In addition, the Ordinance would provide that, if an illegally posted handbill or illegally placed sign is found on public property and the person responsible for the handbill or sign has been contacted within the preceding ten days for a similar violation, the City may summarily remove and dispose of the handbill or sign without further notice. The Ordinance would also clarify that Section 17-42(d)prohibits the placement of advertising fliers on motor vehicles without the owner's consent, and it would also prohibit the fastening of advertising materials to residences if the owner or occupant of the residence has instructed a particular company to discontinue such practice. ORDINANCE NO. 210, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING VARIOUS PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO UNATTENDED DISPLAYS ON CITY PROPERTY WHEREAS , the City has historically not allowed on City property any private, unattended signs or other displays with a few exceptions such as newsracks, neighborhood entry signs, and signs permitted as part of a special event; and WHEREAS , the City Council wishes to reduce its policy on this subject to writing and revise the encroachment permit provisions of the City Code to clearly state that, with limited exceptions as described in the Code, private, unattended displays designed or intended to communicate a meaning or message are not permitted on City property, including public streets, sidewalks and other rights-of-way; and WHEREAS , the Council recognizes that some such displays may constitute constitutionally protected speech; and WHEREAS, ample alternating means exist for communicating such messages on City property, such as speech making, distributing flyers and carrying signs; and WHEREAS , to further safeguard the First Amendment rights of those asking to engage in speech related activities on City property, the Council wishes to allow for an expedited right of appeal from the denial of a parks or natural areas permit when the activity or event for which a permit was sought involves speech or other behavior protected by the First Amendment; and WHEREAS , this policy regarding unattended displays is intended to apply only to City- owned property and not to public property owned by other governmental entities . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 23 - 81 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 23-81 . Permit required ; application. Any person desiring to place or erect a building, fence, barrier, post or other obstructions or encroachments within any City-owned property or any street, avenue, alley, sidewalk, highway, or public right-of-way or other public ground VV in the City shall file a written application for a permit upon a form prepared and provided by the City. The provisions of this Division shall not apply to special events as defined in § 23 . 5 -2 of this Code. Section 2 . That Section 23 -82(b)(2) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 23-82. Contents of application . (b) If the proposed encroachment is for the purpose of serving food and/or beverages for consumption within the encroachment area as an extension, accessory or complement to an adjoining business, the application shall also contain: (2) A statement that the applicant is the fee owner of the real property directly adjoining the public property upon which the encroachment is sought, or, if the applicant is not the fee owner of such real property, then the adjoining property owner' s written consent to the encroachment Section 3 . That Sections 23 - 83 (a), (c) and (e) of the Code of the City of Fort Collins are hereby amended to read as follows : Sec. 23-83. Investigation of application information ; fee; permit modification and revocation. (a) The application shall be made to the City Manager. The City Manager shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit. In order for an application for an encroachment for the purpose of serving food and/or beverages as referenced in Subsection 23 -82(b) to be approved, the applicant for the proposed encroachment, obstruction or other structure must be the fee owner of the real property directly adjoining the public property upon which the encroachment is sought, or must have obtained and submitted with the application the written consent of such fee owner. In order for an application for an encroachment for wireless telecommunication equipment or facilities (as those terms are defined in Article 5 of the Land Use Code) to be approved, the applicant must show to the satisfaction of the City Manager that the applicable criteria contained in Section 3 . 8 . 13 of the Land Use Code have been met. Additionally, the proposed encroachment, obstruction or other structure shall not, in the judgment of the City Manager, constitute a nuisance or destroy or impair the use of the right-of-wayproperty by the public or constitute a traffic hazard. No permit shall be issued unless the City Manager determines that the foregoing criteria have been met. In investigating the application, the City Manager may consult with such City departments as he or she deems necessary to determine whether the application should be approved. If the City Manager determines that the public right-of-way property proposed for the encroachment permit is not needed for use by the public and that all submittal requirements of the application are complete, the City Manager may issue the permit -2- for such duration and upon such other terms and conditions as the City Manager determines are necessary to protect the public welfare . As a condition of the issuance of any permit for the purpose of serving food and/or beverages, as referenced in Subsection 23 -82(b) , the permittee shall annually provide to the City Manager proof of uninterrupted liability insurance coverage in the amount required in said Subsection, naming the City as an insured party. (c) At the time of issuance of a permit hereunder, and at the time of any modification of such permit, the applicant shall pay a fee to help defray the costs incurred by the City in processing and administering the permit including, without limitation, the cost of inspecting the premises that are the subject of the application. The amount of said fee shall generally be determined by the City Manager, pursuant to the provisions of Article I of Chapter 7 . 5 ; provided however, that the amount of the fee for encroachments for newsracks or othcr constitutionally protected sp shall be fixed at ten dollars ($ 10 .) per year. (e) If the encroachment is for newsracks or other constitutionaffy protecte speech, the City Manager's decision whether to issue or deny issuance of the permit shall be made within fifteen ( 15) days following the date that a complete application was submitted to the City. With the exception of newsracks , no privately owned, unattended displays designed or intended to convey a meaning or message shall be permitted as encroachments under this Division. Section 4. That Section 23 - 193 (d)( 12) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 23 -193 . Prohibited acts ; permits . (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to : ( 12) Post a notice or sign, including fastening, displaying or showing depositing cards, posters, or other written materials in a natural area, or to erect a display in a natural area, unless such items are incidental to another ongoing permitted activity and are specifically authorized by the permit for such activity. -3 - Section 5 . That Section 23 - 194 (c) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 23 -194. Natural Areas Permit Process. (c) A permit decision by the Director under Subsection (b) above may be appealed to the City Manager pursuant to the appeals procedure set forth in Article VI of Chapter 2 of this Code. If a permit is denied for an activity or event consisting of speech or other expressive conduct that may be protected by the First Amendment to the United States Constitution, the permit applicant shall have the right to seek immediate judicial review of such denial without first appealing such denial to the City Manager. Section 6 . That Section 23 -203 (d) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 23 -203 . Prohibited acts ; permits. (d) Except as authorized by a permit obtained for such use from the Service Area, it shall be unlawful to : ( 11 ) Post a notice or sign, including fastening, or displaying or depositing cards, posters, or other written materials in a recreation area, or to erect a display in a recreation area. Even when the posting or displaying of such items is authorized by a permit, no such items shall be left within the recreation area between the hours of 11 : 00 p .m. and 5 : 00 a.m. Section 7 . That Section 23 -204(c) of the Code of the City of Fort Collins is hereby amended to read as follows : (c) A permit decision by the Director under Subsection (b) above may be appealed to the City Manager pursuant to the appeals procedure set forth in Article -4- VI of Chapter 2 of this Code . If a permit is denied for an activity or event consisting of speech or other expressive conduct that may be protected by the First Amendment to the United States Constitution, the permit applicant shall have the right to seek immediate judicial review of such denial without first appealing such denial to the City Manager. Introduced, considered favorably on first reading, and ordered published this 19th day of December, A.D . 2006, and to be presented for final passage on the 16th day of January, A.D . 2007 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 16th day of January, A.D . 2007 . Mayor ATTEST : City Clerk -5 - ORDINANCE NO. 211 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN PROVISIONS OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SIGNS IN THE RIGHT-OF-WAY WHEREAS , Section 24- 1 of the Code of the City prohibits the placement of signs on public streets, sidewalks or other areas owned by the City; and WHEREAS , similarly, Section 17-42 of the Code prohibits the attachment of signs to publicly owned fixtures in the public right-of-way or elsewhere, and WHEREAS , Section 17-42 of the Code also prohibits the placement of signs on private property without the permission of the property owner; and WHEREAS , only one such Code provision is needed to address these subjects ; and WHEREAS , Section 17-42 of the Code should be reworded so that it addresses more clearly signs installed or otherwise placed in the ground in the public right-of-way as well as handbills or fliers attached to publicly owned fixtures; and WHEREAS , Section 17-42 should also be revised with regard to the manner in which the City may dispose of signs left unclaimed on public property or within the public right-or-way; and WHEREAS, certain additional changes should also be made to Section 17-42 to more clearly prohibit the placement of advertising materials on motor vehicles and residences without the consent of the owners of such property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 17-42 of the Code of the City of Fort Collins is hereby amended to read as follows : 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, 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. Noncommercial sign shall mean any sign, flier, 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, ideological or personal message . Public property shall mean any portion of 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. 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, median and any public way. (b) No person, firm or corporation shall fasten or affix to public property, or place or install on or within a public right-of-way or other public property, €weir, affix or attach to public property, in , any of the following, without the direct authorization of the owner of such property : ( 1 ) Any commercial or business sign. (2) Any noncommercial sign. (c) Any signs authorized by the City for placement on City property within the meaning of this Section must comply with all other applicable provisions of the Code . (ed) No person, firm or corporation shall fasten, or affix or to private property, including motor vehicles and other 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 noncommercial sign. (ale) Permission to fasten such materialsor affix signs to the entrances tofront door of 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, or -2- (3 ) The owner or occupant of a particular residence has notified the person or entity intending to fasten or affix the sign(s) that such signs may not be fastened or otherwise affixed to the residence . (ef) Any person or, representative or agent of such person or agent of any 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 must, within twenty-four (24) hours of delivery of notice by the City, remove from the public property or 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 . If, within ten ( 10) days after the delivery of any such notice by the City, any sign advertising the same business, interests or activities is subsequently found in violation of this Section, the City may summarily remove and dispose of the sign without additional notice, notwithstanding the provisions of § 23 - 130 . (g) Failure to remove a sign after notice has been given pursuant to subsection (e) is a violation of this Section. Section 2 . That Section 23 - 127 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 23427. Disposition of tossstolen or abandon property. (a) The provisions in this Division shall control the disposition of all stolen or property found, seized or otherwise delivered into the possession of the City and remaining unclaimed by the lawful owner. (b) Such property shall immediately, upon coming into the possession of the City or as soon thereafter as is practicable, be delivered to the Chief of Police as custodian, who shall keep a record of all such property together with the date when and the place from which the property was obtained record open to the inspection of the public. Section 3 . That Section 23 - 129 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec . 23 - 129. Disposition of perishable or hazardous property. (a) If any property seized or otherwise obtained by the City is of a perishable nature or of such nature as to make it inadvisable in the opinion of the Chief of Police to retain possession, such property shall be forthwith advertised for sale at public auction with public notice to be published in a newspaper of general circulation throughout the City not less than three (3 ) days prior to such sale which -3 - notice shall contain the date, time and place of such sale and the reason for the immediate sale . (b) Notwithstanding the foregoing, nothing herein shall preclude the immediate disposal or destruction of hazmxIotmproperty which in the judgment of the Chief of Police, or in the judgment of such other City service director whose service area has obtained the property, presents an immediate and substant danger to the health, safety or welfare of the community if otherwise retained in the possession of the City for the period of time provided for herein or which by reason of its nature, condition or substance is not properly the subject of a sale. (c) Nothing contained in this Section shall be construed to refer to any impounded animals as may be provided for in any other City ordinance. Section 4 . That Section 23 - 130 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 23 -130. Disposition of lost, abandoned or other unclaimed property. Except as otherwise specifically provided for by law or ordinance, zany property seized or otherwise obtained by the City and not sold or destroyed as perishable, hazardous or illegal property and which property has not been claimed by or surrendered to the rightful owner shaftmay be disposed of in the following manner: ( 1 ) All such property sha}lmust first be retained for a period of no less than-two (2) moirtlisthirty (30) days from the date that possession was acquired by the City; (2) After the expiration of such period of time and as soon thereafter as is practicable, the purchasing agent shallmust cause to be published once in a newspaper of general circulation in the City a general description of the articles of property to be disposed of, which notice shallmust contain the following information: a. The fact that a detailed list of each and all articles of such property is immediately—available and may be obtained from Police SvrvieesPurchasing, including the address and the hours during which such list may be obtained; b. The fact that if such property is not claimed by the rightful owner within ten ( 10) calendar days from the date of the publication, such property will become the property of the City to be disposed of by public auction or otherwise with the date, place and location of any such public auction to be described therein. -4- Section 5 . That Section 24- 1 of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 24- 1 . Signs on streets, sidewalks and public rights-of-way prohibited , removal; exceptions ; permit. (a) , right-of-way (b) tf at any time tfic eity Engincer finds a sign pfaced or erected in Violation 0 notify the sign owncr that the sign will be disposcd of if not colleetcd by the Sig owner within ten ( f 0) days . f f the sign owner cannot be ascertained or the sxizn�� � V T f�ils to coffectflic sign after notice, itic eity Engineer may dispose of the h� for violation of this sccfi-am. tc —Notwithstanding the provisions of § 17 -42, the following signs shaffmay be permitted on streets, sidewalks and other public property or public right-of-way areas owned by the City : Introduced, considered favorably on first reading, and ordered published this 19th day of December, A. D . 2006, and to be presented for final passage on the 16th day of January, A.D . 2007 . Mayor ATTEST : City Clerk - 5 - Passed and adopted on final reading on the 16th day of January, A.D . 2007 , Mayor ATTEST : City Clerk -6-