This chapter may be known as the "Signs on City Property Ordinance." The purpose of this chapter is to regulate signs placed by private parties on properties and facilities owned by the city. By adopting this chapter, the city council intends to balance the rights of free speech, protected by the First Amendment to the U.S. Constitution and corollary provisions of the California Constitution, against the city's own speech rights, its own property rights, and the public interests in reducing the visual clutter and safety risks that can result from excessive or inappropriate signage.
(Ord. 3048-14 § 2)
In adopting this chapter, the city acts in its proprietary capacity as to city property, as defined herein. Private parties may post or display signs on city property only in accordance with this chapter or some other authorization duly adopted by the city council, including, but not limited to, signs on city property that are displayed at city-sponsored events or pursuant to a miscellaneous plan permit (Chapter 19.82), special event permit (Chapter 9.62), or permit for exclusive use of a park (Chapter 9.62). When the city leases its property to third parties for commercial or other non-governmental uses, signage for such uses shall be governed by the sign code, set forth in Chapter 19.44. Nothing in this chapter limits the city's ability to use its property or facilities to convey its own messages to the public, whether by way of signs or any other communication device. This chapter is adopted pursuant to the city's general and police powers, California Constitution Article XI, Section 7; the city's ownership rights, California Government Code Sections 38774, 38775, 65000 et seq., 65850(b), and 38774; Business and Professions Code Sections 5200 et seq., 5230, and 5490 et seq.; Penal Code Section 556, and other applicable state laws.
(Ord. 3048-14 § 2)
No city property shall function as a designated or limited public forum for purposes of sign display, unless specifically designated in this chapter or by an act of the city council. The declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.
(Ord. 3048-14 § 2)
Definitions from Chapter 19.44, "Signs on Private Property," are incorporated herein, as supplemented with the following definitions, which apply specifically to this chapter.
(a) 
City Property. Land or other property or facilities in which the city of Sunnyvale is the legal owner or holds a present right of possession and control, as well as areas which are either designated as public rights-of-way within the city of Sunnyvale or which have long been used as such.
(b) 
Traditional Public Forum. Public streets and parks that are open to the public, city-owned plazas, public sidewalks, and pedestrian areas immediately surrounding city-owned civic buildings (i.e., City Hall, community centers).
(Ord. 3048-14 § 2)
Private persons and governmental agencies other than the city may not display signs on city property unless such display is specifically authorized by this chapter or other applicable city law, or by state or federal law or court order.
(Ord. 3048-14 § 2)
In traditional public forum areas, the personal carrying of signs displaying constitutionally protected noncommercial speech messages (i.e., picketing) is allowed subject to all of the following requirements:
(a) 
The sign must be personally worn or held by a person, or personally attended by one or more persons. "Personally attended" means that a person is physically present within five feet of the sign at all times.
(b) 
The signs may be displayed only during the time period 7:00 a.m. to 10:00 p.m., except on occasions when the city council or other public body of the city is holding a public hearing or meeting which is open to the public; on such occasions, the display period is extended to thirty minutes after such meeting is officially adjourned.
(c) 
The maximum aggregate size of all signs held by a single person is six square feet. Visible images which are displayed as part of personal apparel do not count toward this maximum. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area.
(d) 
To serve the city's interests in traffic flow and safety, persons displaying signs under this section shall not stand in any vehicular traffic lane when a public roadway is open for use by moving vehicles, and shall not interfere with public ingress or egress or free use of sidewalks or public right-of-way.
(e) 
This section does not authorize the display of commercial messages on city property, nor does it authorize the posting of inanimate signs on city property, regardless of message type.
(f) 
This section does not apply to personally held signs displayed inside city buildings.
(Ord. 3048-14 § 2)
The following signs may be erected and displayed on city property, subject to the rules set forth herein:
(a) 
Traffic control and traffic directional signs erected by the city or other governmental agencies acting in scope of their authority, including temporary traffic and traffic direction signs.
(b) 
Official notices required or authorized by law or valid court order.
(c) 
Signs placed by the city in furtherance of its governmental functions.
(d) 
Signs placed by the city on city property which express the city's own message.
(Ord. 3048-14 § 2)
A portable open house directional sign may be placed on the public right-of-way, provided that the sign is not placed on a traffic median, sidewalk, bicycle lane or other travel way or path. The sign is limited to three and one-half feet in height measured from the ground immediately adjacent to the sign and four square feet in area. The sign may be displayed only between the hours of 9:00 a.m. and 7:00 p.m. on the same day of the open house.
(Ord. 3048-14 § 2)
Temporary noncommercial signs may be placed in the public right-of-way in residential zoning districts without a permit subject to the following requirements:
(a) 
The signs comply with the requirements in Section 19.44.190 (Temporary signs—Residential zoning districts).
(b) 
Signs are allowed only in that portion of the public right-of-way that is immediately adjacent to and contiguous with the private property and not separated from the adjacent private property by a sidewalk, curb or other public improvement.
(c) 
Signs shall not be placed on any parkway strip, traffic median, sidewalk, bicycle lane or other travel way or path, or attached to any utility pole, light pole, fire hydrant, utility box, or traffic control device.
(d) 
Signs shall not be placed in the public right-of-way without the consent of the owner or occupant of the contiguous and adjacent private parcel.
(Ord. 3048-14 § 2)
Signs mounted on private property may not project into or over city property or the public right-of-way without an encroachment permit and/or, in the case of heritage landmark properties, a landmark alteration permit. Projecting signs in the Downtown Specific Plan District are subject to the requirements in Chapter 19.28. Sign encroachment permits must satisfy all requirements of Chapter 19.44, plus all requirements applicable to encroachments generally, plus all applicable safety codes (building, plumbing, electrical, etc.) and all city rules, regulations and policies regarding encroachments.
(Ord. 3048-14 § 2)
Freestanding signs such as A-frame and sandwich-board signs may be placed in the public right-of-way in the 100 block of South Murphy Avenue without a permit subject to the following requirements:
(a) 
Signs may only be placed in the frontage zone of the public sidewalk. The frontage zone is defined as that portion of the sidewalk closest to the building façades and measuring approximately two feet from the right-of-way line.
(b) 
The signs must be related to the legal business operation of the adjacent business.
(c) 
The signs may only be displayed during business hours by business owners or operators of the adjacent business.
(d) 
One freestanding sign is allowed per business.
(e) 
The signs shall not exceed four feet in height and two feet wide in any direction.
(f) 
The pedestrian zone of the sidewalk outside of the frontage zone shall remain clear without any obstructions to allow for the movement of pedestrians.
(g) 
The signs shall comply with the design guidelines contained in the "City of Sunnyvale South Murphy Avenue Sidewalk Use Regulations."
(Ord. 3048-14 § 2)
Any violation of this chapter is declared to be a public nuisance that may be abated by the city by any means provided by law, including, but not limited to, any remedy for illegal signs as set forth in the sign code, other city laws, or any remedy available under state law, including, but not limited to, Penal Code Section 556. Legal remedies under this section are cumulative and discretionary with the city attorney, and are not exclusive.
(Ord. 3048-14 § 2)
(a) 
Removal. Any sign, flag or banner (collectively, "sign") placed on city property in violation of the provisions of this chapter, or any sign which constitutes an immediate peril to persons or property, may be summarily removed as a trespass and a nuisance by the city.
(b) 
Notification. The sign-owner, if known, will be notified that the sign(s) have been removed and will be given thirty days to retrieve the sign(s). Any charge for the cost of removal, as provided for in subsection (c) below, must be paid prior to retrieval of the sign. The city may destroy or dispose of the sign(s) after thirty days if there is no response to the notification.
(c) 
Charge for Cost of Removal. The city may recover the cost of removing signs as authorized by this section. When the city has incurred any expense in removing the sign or other matter or in repairing city property damaged because of the posting or removal of the sign or other matter, any such expense incurred shall constitute a debt owed to the city.
(d) 
Post-Removal Hearing Regarding Signs Summarily Removed. The owner or person in charge of any sign which has been summarily removed by the city pursuant to this chapter is entitled to an informal hearing to be conducted by the city manager or designee. The request for hearing shall be made in writing to the city manager no later than fifteen calendar days from the date of mailing of the notification specified in subsection (b), or within thirty calendar days of the date of the removal, whichever occurs first. The hearing shall be limited to determining whether the sign was located upon city property in violation of the provisions of this chapter or constituted an immediate peril to persons or property, and the accuracy of any amount billed. Upon receiving a written request for the hearing, the city manager shall set a hearing, which shall be held within thirty calendar days from the date of receipt of the request. The city manager shall provide written notification of the hearing to the applicant. The notification shall include the date, time and place of the hearing. Following the hearing, the city manager shall within ten calendar days after the date of the hearing notify the person of his or her determination, and whether any adjustment to the billed amount will be made. This notification shall specify the date by which such bill shall be paid, which date shall in no event be less than thirty calendar days after the date of the hearing. Any person who fails to pay the amount billed to such person within the period specified therein shall also be liable for expenses incurred by the city in collecting the debt, including, but not limited to, the cost of paying city employees or other persons engaged in debt collection. The city manager's decision shall be final.
(Ord. 3048-14 § 2)