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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/17/2002 - ITEMS RELATING TO POSTING NOTICES AND HANDBILLS ON AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-B DATE: September 17, 2002 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 of Ordinance No. 134,2002 on Second 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 Notices and Handbills on Premises to Create Different Categories of Offenses. B. First Reading of Ordinance No. 141,2002, 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. 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 property. Creating subsections to Section 17-42 will allow the Municipal Judge to establish a different standard fine for each category of offense, in recognition of the more serious problem caused by the posting of commercial notices on public property. Section 1742, as amended, would retain the existing exception for fastening materials to the entrances to private residences unless access is restricted or a"No Trespassing"or"No 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 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. i i I I ORDINANCE NO. 141, 2002 OF THE 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. Non-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. 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. (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. ';i^t spy u^c�s rp'n�s,�^mar' m+c"yam. -:. A•>, a wa,t^r„»:� "'xf: .-�?,, cw _ 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 on the 1st day of October, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this I" day of October, A.D. 2002. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: September 3, 2002FROM Leroy Forehand SUBJECT : First Reading of Ordinance No. 134, 2002, Amending Section 17-42 of the City Code Regarding Posting Notices and Handbills on Premises to Create Different Categories of Offenses. RECOMMENDATION: Staff recommends adoption o eeo Py EXECUWsE JMMdXLAd amend 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 t pu 'e- p r rty: renting several subsectionstoSection 17-42 will allow the J ge to t lis dt r t standard fine foreach categoryof offense, in recognition ofe usprt aused the posting of commercial notices on public property. Sectiona d retai existing exception for fastening materials to the entrances to private residences unless access is restricted or a"No Trespassing' or "No Solicitation" sign is posted. BACKGROUND: It is currently a violation of the City Code for anyone to place any kind of notice, poster or advertising material on public or private property without permission of the property owner. Although some of the signs that s aff of d tanedoE tacked to public property are for such things as missing pets, t vast rity t si c mercial in nature, that is, they advertise a business, an event ch as a ncert s or wh a cover charge or admission will be charged,or job opportunitie s t p os' A chment" 'show,some utility and light poles become completely covered with these types of signs creating an eyesore. Even if they are removed, the tape, tacks or staples used to attach them often remain behind or cause damage to finished surfaces. It is not unusual for dozens of fliers for one concert to appear overnight attached to public property around the city. The businesses and bands promoted on the signs benefit financially from virtually free public advertising in the City right-of-way. Because Police Services has found that those who post commercial notices on public property are the worst violators of Section 17-42 and are benefitting financially from the violation, they have recommended setting a higher standard fine for those parties than for the person who hangs up something like a "missing pet" sign. DATE: September 3, 2002 1 2 ITEM NUMBER: 30 The Municipal Court's Fine Schedule sets a standard fine for each misdemeanor and Traffic Code violation. If a defendant comes to court and decides to plead guilty without speaking to a prosecutor or having a trial, the Fine Schedule determines what fine the defendant will pay. The standard fines also serve as a starting point for plea negotiations between a defendant and the Municipal Prosecutor. The Judge cannot, however, create separate standard fines for different kinds of violations of the same Code section unless that section has different subsections for the different kinds of offenses. This Ordinance would amend Section 17-42 of the City Code to create four separate offenses,each with its own subsection. This will allow the Municipal Judge to set a higher standard fine for the posting of commercial signs on public property. Police Services is hopeful that this will provide a deterrent to those who repeateCcrease s s. While this Ordinance does nott scop f peoffeynseit currently described in Section 17-42, it does more clearly det is t ` ubly", and creates definitions for "commercial or business sign", "non-commercial sign", and"public right-of-way" for purposes of Section 17-42. It also retains the existing exception for fastening notices to private residences that are connected to the public right-of-way by a walkway unless access is physically restricted or a"No Trespassing" or "No Solicitation" sign is posted. It does not, however, retain that exception for public buildings. Staff believes that the City should not appear to encourage the posting of notices or fliers on public buildings, as it is not desirable for the walls or doors of City buildings to become public fora for First Amendment purposes.