HomeMy WebLinkAbout134 - 09/17/2002 - AMENDING THE CITY CODE REGARDING POSTING NOTICES AND HANDBILLS ON PREMISES TO CREATE DIFFERENT CATEG 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COLLINS that Section 17-42 of the Code of the City of Fort Collins is repealed in its entirety and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, 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.
(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.
f.
Mayorf
AT,TEST:
City Clerk
Passed and adopted on final reading this 17th day of September, A.D. 2002.
d
f
Mayor
ATTEST:
City Clerk