HomeMy WebLinkAbout141 - 10/01/2002 - AMENDING THE CITY CODE REGARDING POSTING NOTICES AND HANDBILLS ON PREMISES TO CREATE A SEPARATE OFFE 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:
(1) Signs conveying a political,election-related, ideological or personal
message.
(2) 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.
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 on tht 1st da of October, A.D. 2002.
s
Mayor ,
ATTEST:
t.
City Clerk
Passed and adopted on final reading this 1st day of October, A.D. 002.
Mayor
ANTTEST:
City Clerk