For purposes of this chapter, the following terms shall have
the following meanings:
"Advertising display"
means any sign, billboard, signboard, poster, placard, pennant,
banner, graphic display, mural, or similar device that is used to
advertise or promote a product.
"Sign,"
as defined in the Zoning Definitions section of the West
Hollywood Municipal Code, shall mean any object, device, display or
structure, or part thereof, situated outdoors or indoors, which is
used to identify, display, or direct or attract attention to an object,
person, institution, organization, business, product, service, event
or location by any means, including words, letters, figures, design
symbols, fixtures, colors, illumination or projected images, and includes
a structure and/or the content of a structure.
"Tobacco products"
shall include any tobacco, cigarette, cigarette smoking papers,
or any other instruments or paraphernalia that are designed for the
smoking or ingestion of tobacco, or products prepared from tobacco.
(Prior code § 5501; Ord. 92-324 § 1, 1992; Ord. 98-527 § 4, 1998; Ord. 16-991 § 5, 2016)
This chapter shall not apply to:
a. On-site
business identification signs and on-site business window signs or
interior advertising displays on or inside any premises where tobacco
products are legally sold;
b. Signs
or advertising displays on commercial vehicles used for transporting
tobacco products;
c. Signs
or advertising displays on any public bus or taxicab;
d. Signs
or advertising displays which educate the public about tobacco products
and do not propose a commercial transaction;
e. Advertising
display or promotion that is worn as clothing by an individual.
(Prior code § 5504; Ord. 98-527 § 5, 1998; Ord. 16-991 § 8, 2016)
(a) A violation of this chapter is subject to the administrative penalty provisions of Sections
1.08.030 through
1.08.070 of this code. Where the violation is of a continuing nature, each day or portion thereof wherein the violation continues constitutes a separate and distinct violation.
(b) A
violation of this chapter is hereby declared to constitute a public
nuisance. In addition to other remedies provided by this chapter,
a violation of this chapter may also be enforced by a civil action
brought by the City Attorney, including, but not limited to, administrative
or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, and suits for injunctive relief. The remedies
provided by this section are cumulative and in addition to any other
remedies available at law or in equity.
(Prior code § 5505; Ord. 98-527 § 5, 1998; Ord. 16-991 § 9, 2016)
Except as otherwise provided in this chapter, no person shall
place or maintain, or cause or allow to be placed or maintained, an
advertising display which advertises tobacco products on any billboard
or off-site sign in the city; provided, however, that advertising
displays which advertise tobacco products may be displayed on any
billboard or other off-site sign located on Sunset Boulevard (in accordance
with the Sunset Specific Planning Zone, and in accordance with all
applicable provisions of the code regulating signs), located not closer
than 1,000 feet from any public or private school containing grades
kindergarten through twelfth grade or any public playground.
(Prior code § 5503; Ord. 98-527 § 5, 1998)