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)