Ordinance No. 072 - Outdoor Advertising DisplaysORDINANCE NO. 72
AN ORDINANCE OF THE CITY OF ROSEMEAD ADDING A
NEW CHAPTER 5 TO ARTICLE VIII OF THE ROSEMEAD
MUNICIPAL CODE, PERTAINING TO THE REGULATION
OF OUTDOOR ADVERTISING DISPLAYS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS FOLLOWSs
Section 1. Article VIII of the Rosemead Municipal Code
(Building-Regulations) is hereby amended by adding a new Chapter
5 (outdoor Advertising Code) to read as follows:
"Chapter 5 - Outdoor Advertising Code:
Section 8500. Definition. As used in this chapter,
certain terms are defined as follows:
(a) "ADVERTISING STRUCTURE". A structure
of any kind or character erected or maintained for
outdoor advertising purposes on which any poster,
bill, printing, painting, or other advertisement of
any kind whatsoever may be placed, including
statuary.
(b) "SIGN". Any card, cloth, metal, painted
or wooden sign of any character, placed for out-
door advertising purposes, on or to the ground,
or any tree, either publicly or privately owned,
other than an advertising structure.
(c) Neither "advertising structure" nor "sign",
as used in this chapter includes:
1. Official notices issued by a court or
public body or officer;
2. Notices posted by any public officer in
performance of a public duty, or by any person
in giving legal notice;
• 3. Directional, warning, or information signs
or structures required or authorized by law or
by federal, state, or municipal authority.
(d) "ADVERTISING DISPLAY". Advertising structures
or signs, as above defined.
(e) "FREEWAY". A highway in respect to which the
owners of abutting lands have no right or easement
of access to or from their abutting lands or in
respect to which such owners have only limited or
restricted right or easement of access, and which
is declared to be such in compliance with the
Streets and Highways Code of the State of California.
(f) "TO PLACE". The verb "to place" and any of
its variant as applied to advertising displays
includes the maintaining, erecting, constructing,
posting, painting, printing, tacking, nailing,
glueing, stitching, carving, or otherwise fastening,
affixing, or making visible, any advertising display
on or to the ground, or any tree, bush, rock, fence,
post, wall, building, structure, or thing.
(g) "LANDSCAPED FREEWAY". A section or sections
of a freeway which is now, or hereafter may be,
improved by the planting, at least on one side of
the freeway right of way, of lawns, trees; shrubs]
flowers, or other ornamental vegetation which shall
require reasonable maintenance.
Planting for the purpose of soil erosion control,
traffic safety requirements, reduction of fire
hazards, or traffic noise abatement, shall not change
the character of a freeway to a landscaped freeway..
Section 8501. Advertisin Displays Adjacent to Freewa.s..
No a vertising displays sha be placed or maintained on
property adjacent to a freeway or section thereof, whether
the same is landscaped or not, if the advertising display
is designed to be used primarily by persons travelling
on such freeway or sections thereof.
Section 8502. Exempt Advertising Displays. The provisions
o Section 501 of this chapter shall not apply to any of
the following listed advertising structures or signs used
exclusively:
(a) To advertise the sale or lease of the property
of which said advertising display is placed;
•
(b) To designate the name of the owner or occupant
of the premises upon which said advertising display
is placed or to identify such premises;
(c) To advertise the business conducted or goods
manufactured or produced, or services rendered upon
the property upon which said advertising display is
placed.
Section 8503. Prohibited Advertisine DisPl_aYs. Notw.ith-
stan ing any of the foregoing provisions of is chapter,
no advertising displays shall be placed or maintained on
property adjacent to any freeway or section thereof,
whether landscaped or not, if such advertising display
or any of its constituent advertising structures or
signs because of its location, size, nature, or type con-
stitutes, or tends to constitute a hazard to the safe and
efficient operation of the vehicles upon such freeway or
section thereof, or creates a condition which endangers
the safety of persons or property thereon, or interferes
or tends to interfere with the free, efficient and safe
flow of traffic.
Section 8504. Removal of Prohibited Displays. Any ad-
verti- sing structure of sign existing on June 27, 1961 which
is in violation of the provisions of section 8501 shall be
removed within three (3) years from the effective date of
the adoption of this chapter. Any advertising structure
which is now, or hereafter may be, in violation of the
provisions of Section 8503 shall be subject to abatement
and removal as an obstruction and nuisance in the same
manner as provided in Section 3311, subsections (c), (d)
and (f) of the Rosemead Municipal Code.
Section 8505. Enforcement of Outdoor Advertising Regulati
T e eT^ nforcement of this Chapter shall a under t e irecti
of the City Administrator or such other person or official
as may be designated and authorized by the City Council or
by the City Administrator to enforce the provisions hereof
as follows:
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(a) The City Administrator or other person or
official designated as aforesaid, shall determine
from the plans submitted, in advance, for any adver-
tising structure or sign whether the same complies
with the provisions of this chapter and, based
upon such determination, may approve or disapprove
the same or may order such changes or modifications
thereof, as he deems necessary for this purpose.
(b) Any person dissatisfied with-the determination
of the City Administrator or other person or official
referred to hereinabove, may appeal to the Planning
Commission and City Council of the City of Rosemead.
Such appeal shall be in writing and shall be filed
with the secretary of the said Planning Commission
within ten (10) days after written notice of such
determination and shall be accompanied by a filing
fee of $10.00.
(c) The Planning Commission of the City of Rosemead
shall have authority to review the plans, together
with the report and recommendations of the City
Administrator or other person or official referred
to hereinabove and , if it deems it necessary, may
inspect the proposed building site and shall hear
and pass upon such appeal and shall make its
• recommendation to the City Council within thirty
(30) days after the appeal is filed. The City
Council shall determine the appeal from the plans
submitted, the record of proceedings thereon and
the recommendation of the Planning Commission and
its determination shall be final and conclusive.
Section £3506. Denial or Revocation of A roval. The
Planning Commission of the City of Rosemead may deny approval
of any plans submitted as provided in this Chapter or may
revoke any approval previously granted hereunder, where
application for such approval was made in bad faith, or
through subterfuge, or contained any wilful, false or
grossly misleading statement of fact. In the event of
revocation, any person aggrieved may appeal to the City
Council of the City of Rosemead to show cause why such
revocation should be set aside. Such appeal shall be in
writing and shall be filed with the City Clerk of the
City within ten (10) days of the date of written notice
of such revocation. The said City Council shall hear and
pass upon such appeal and its determination thereon shall
be final end conclusive.
Section 2. The division of highways of the Department of
Public Works of the State of California has advised the City
of Rosemead that proposed improvements along the San Bernardino
freeway through the City of Rosemead cannot be performed unless
an adequate billboard ordinance has been adopted by the City
and approved by the State prior to July 21, 1961. Improvements
of the Rosemead portion of the San Bernardino freeway by the
State, without cost to the City, would greatly benefit those
residing in or passing through the City of Rosemead and loss
of these improvements, because of failure of the City timely
to adopt the necessary ordinance, would adversely affect the
public safety and welfare. Accordingly, this ordinance is
adopted as a temporary interim amendment to the zoning ordin-
ance and shall take effect immediately.
7th day of June, 1961.
PASSED, APPROVED AND ADOPTED this e
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MAYOR F T E CITY OF ROSE MEAD
ATTEST:
CI CLERK THE CITY OF ROSEME D