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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/03/2002 - FIRST READING OF ORDINANCE NO. 134, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: September 3, 2002 FROM: 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 of the Ordinance on First Reading. EXECUT"OMMohld 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 posted on public or private property. Creating several subsections to Section 17-42 will allow the Municipal Judge to establish a different standard fine for each category 40 of offense, in recognition of the more serious problem caused by the posting of commercial notices on public property. Section 17-42, 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. 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 City staff and Police find taped or tacked to public property are for such things as missing pets, the vast majority of the signs are commercial in nature, that is, they advertise a business, an event such as a concert or show for which a cover charge or admission will be charged,or job opportunities. As the photos in Attachment"A"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 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 repeatedly post such signs. While this Ordinance does not increase the scope of the offense as it is currently described in Section 17-42, it does more clearly define what is meant by "public property", 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. ORDINANCE NO. 134, 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 DIFFERENT CATEGORIES OF OFFENSES WHEREAS, Section 17-42 of the City Code prohibits the posting of notices and handbills on public or private property without the permission of the property owner; and WHEREAS, the Municipal Judge has set a standard fine of $100 for violations of this provision; and WHEREAS, the City has an ongoing problem with individuals posting commercial notices and fliers on public property without permission,which posting damages public property and creates an aesthetic nuisance; and WHEREAS,Police Services has recommended that a higher fine be imposed on defendants convicted of posting commercial signs on public property without permission than for those who post non-commercial signs,but the Court cannot create separate standard fines unless Section 17-42 is amended to create separate subsections for each different category of offense; and . WHEREAS, the Council finds it is in the best interests of the City for Section 17-42 to be amended so that the Municipal Judge may set a different fine for defendants convicted of posting commercial signs on public property without permission as a punishment and deterrent. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 17-42 of the Code of the City of Fort Collins is repealed in its entirety and reenacted 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. Non-commercial 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 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. Introduced and considered favorably on first reading and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk . Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City C►erk r*tea• � .'r+��ai 'A _ r ,i it � • �� AIL ply � F - - � s b � 1 tti 5 1 y7 71 sr F :�