No person shall use any portion of the sidewalk in any part of the City for the placement of advertising signs/displays, newsracks, modular newsracks, chairs and/or tables without first obtaining a sign permit from the Community Development Director for advertising signs/displays and a permit from the Director of Public Works pursuant to the provisions of this chapter. Such permit shall entitle the permittee to place, install and maintain one or more advertising signs/displays, newsracks, modular newsracks, chairs and/or tables within the public right-of-way. The permittee shall affix to or permanently display upon each advertising sign/display, newsrack, modular newsrack, chair and/or table placed, installed or maintained pursuant to a permit issued hereunder the permittee's name, street address and telephone number. Any advertising sign/display, newsrack, modular newsrack, chair and/or table which in whole or part rests upon, in, or over any public right-of-way, shall comply with the following standards:
A. 
No newsrack or modular newsrack shall exceed 52 inches in height, or two feet in width.
B. 
Advertising signs/displays, newsracks or modular newsracks shall only be placed near a curb or adjacent to the wall of a building. Advertising signs/displays, newsracks or modular newsracks placed near a curb shall be placed not less than 18 inches nor more than 24 inches from the edge of such curb. Advertising signs/displays, newsracks or modular newsracks placed adjacent to a wall of a building shall be placed parallel to such wall and not more than six inches from the wall. Advertising signs/displays, newsracks or modular newsracks shall not extend into the sidewalk more than 36 inches from the curb or more than 24 inches from a wall. Chairs and/or tables shall only be placed adjacent to the wall of a building.
C. 
No advertising sign/display, newsrack, modular newsrack, chair and/or table shall be chained, bolted or otherwise attached to any property or permanently fixed object not owned by the permittee, or with respect to which the permittee has not obtained in writing the permission of the owner thereof. No advertising sign/display, newsrack, modular newsrack, chair and/or table shall be placed in, on or attached to any landscape planter, tree well or tree.
D. 
No advertising sign/display, newsrack, modular newsrack, chair and/or table shall be bolted or otherwise attached to the public sidewalk without specific approval in the permit.
E. 
Newsracks or modular newsracks may be chained or otherwise attached to each other to a maximum number of spaces for four publications. A distance of not less than 300 feet shall separate each group of newsracks so attached.
F. 
Each advertising sign/display, newsrack, modular newsrack, chair and/or table shall be maintained by the permittee in a clean and neat condition and in good repair at all times.
(Prior code § 20-6-1)
No person shall place, install, maintain or use any advertising sign/display, newsrack, modular newsrack, chair and/or table which projects onto, or which rests, wholly or part, upon, along or over any portion of a roadway. No advertising sign/display, newsrack, modular newsrack, chair and/or table shall be placed, installed or maintained:
A. 
Within three feet of any marked crosswalk;
B. 
Within 15 feet of the curb return of any unmarked crosswalk and handicap ramp;
C. 
Within three feet of any above-ground public utility, including, but not limited to, fire hydrants, traffic signal poles, street light poles, traffic controllers, power poles, telephone poles, double check detector check assemblies, sign poles or other emergency facilities;
D. 
Within three feet of any driveway;
E. 
Within three feet of, and within 15 feet to the rear of, any sign or pavement markings designating a bus stop measured parallel to the flow of traffic;
F. 
Within three feet of any bench, seat or chair placed, installed or maintained for public use within a public right-of-way;
G. 
In such place or manner as to impede the flow of pedestrian and/or vehicular traffic on a public right-of-way;
H. 
In such place or manner as to unreasonably obstruct or interfere with access to, or the use and environment of, abutting property, or space for any legally parked or stopped vehicle;
I. 
In such place or manner as to endanger persons or property;
J. 
In such place or manner as to reduce the clear space for the passage of pedestrians to less than four feet in width;
K. 
In such place or manner as to interfere with the use of poles, posts, mailboxes or other permanently fixed objects permitted at or near the location of an advertising sign/display, newsrack, modular newsrack, chair and/or table;
L. 
In such a manner as to impede, or interfere with, the reasonable use of any commercial window display.
(Prior code § 20-6-2)
A. 
Any advertising sign/display, newsrack, modular newsrack, chair and/or table placed, used or maintained in violation of this chapter or of conditions attached to the permit issued pursuant to this chapter may be posted with a notice of violation by the Director of Public Works. The notice shall direct the permittee or, if no permit has been issued, the owner of the advertising sign/display, newsrack, modular newsrack, chair and/or table to remove the advertising sign/display, newsrack, modular newsrack, chair and/or table or bring it into compliance with the provisions of this chapter. The notice shall also provide that failure to correct the violation may result in removal and destruction of the advertising sign/display, newsrack, modular newsrack, chair and/or table.
B. 
Upon posting the notice of violation, the Director of Public Works shall send written notification of the violation for which such posting was made to the permittee or owner as the case may be, if the address of said permittee or owner can be determined by the Director of Public Works. Said notification shall: (1) state the nature of the violation; (2) state the date of posting of the advertising sign/display, newsrack, modular newsrack, chair and/or table(s) so found in violation; (3) require the correction of the violations within 10 days from the date of said notice; and (4) set the date, time and place of a hearing to be held by the Director of Public Works which date shall not be less than 21 days from the date of written notice on the question of the violation(s).
C. 
Any advertising sign/display, newsrack, modular newsrack, chair and/or table which is not brought into compliance with the provisions of this chapter or with the conditions attached to a permit within 30 days of the hearing held by the Director of Public Works shall be deemed abandoned. The Director of Public Works may remove and destroy any advertising sign/display, newsrack, modular newsrack, chair and/or table found to be so abandoned.
(Prior code § 20-6-3)
All money contained or placed in any newsrack or modular newsrack destroyed or otherwise disposed of pursuant to the provisions this chapter shall be retained by the City for a period of one year and disposed of pursuant to provisions of law governing found or abandoned property.
(Prior code § 20-6-4)
The Director of Public Works may, as an alternative to the posting of a notice of violations as set forth in Section 12.20.030, correct violations of this chapter. The violations that may be so corrected are limited to: (1) the attachment of advertising signs/displays, newsracks, modular newsracks, chairs and/or tables to property other than that owned by the permittee or without the permission or the owner of such property; (2) the attachment of advertising signs/displays, newsracks, modular newsracks, chairs and/or tables to fixed objects or to each other; and (3) the location of advertising signs/displays, newsracks, modular newsracks, chairs and/or tables.
(Prior code § 20-6-5)
Any permittee or applicant for permit hereunder, or any owner of advertising signs/displays, newsracks, modular newsracks, chairs and/or tables for which no permit has been issued may appeal any decision or determination of the Director of Public Works to the City Council by filing written notice of such appeal with the City Clerk within seven days of such decision or determination. On appeal, the City Council may affirm, reverse or modify the decision or determination so appealed.
(Prior code § 20-6-6)
The placement, installation, maintenance, or use of any advertising signs/displays, newsracks, modular news-racks, chairs and/or tables in violation of the provisions of this chapter shall be, and is declared to be, unlawful and a public nuisance. The provisions of this section shall not be deemed a limitation upon any other remedies of the City authorized by law with respect to the matters herein specified.
(Prior code § 20-6-7)
A. 
The Director of Public Works shall give written notice to the owners or other persons claiming an interest in advertising signs/displays, newsracks, modular newsracks, chairs and/or tables which have been placed, installed, used or maintained in the public right-of-way on or before the effective date of the ordinance codified in this chapter, stating generally the provisions thereof and the necessity to comply herewith on or before the expiration of 90 days from said notice. In the event the Director of Public Works is unable to reasonably ascertain the owner or other persons to whom such notice shall be given, the Director of Public Works shall post a copy of the ordinance upon those advertising signs/displays, newsracks, modular newsracks, chairs and/or tables so existing within the public right-of-way, which notice shall also direct the owner to contact the Director of Public Works within 30 days of the date specified on the notice, and which notice shall further state that failure to comply with the provisions of this section or any permit issued pursuant hereto may result in the removal and destruction of the advertising sign/display, newsrack, modular newsrack, chair and/or table.
B. 
In the event an owner or other persons having an interest in an advertising sign/display, newsrack, modular newsrack, chair and/or table for which such written notice is given or which is posted with the aforesaid notice, does not respond within 30 days thereto and does not obtain a permit therefor pursuant to the provisions of this chapter, or otherwise does not cause the advertising signs/displays, newsracks, modular newsracks, chairs and/or tables specified in said notice or so posted to conform to the requirements of this chapter, such advertising, sign/display, newsrack, modular newsrack, chair and/or table shall be removed pursuant to the provisions of this chapter.
(Prior code § 20-6-8)