HomeMy WebLinkAboutTC Ord 1968-04-08
ORDINANCE NO.-1..2.... N. S.
AN URGENCY ORDINANCE OF THE CITY OF TIBURON REGULATING
THE USE OF SIGNS, PROVIDING FOR THE ISSUANCE OF PERMITS
AND PROVIDING PENALTIES FOR VIOLATIONS
The City Council of the City of Tiburon does ordain as follows:
Section 1. Findings. The City Cooncil for the City of Tiburon does
hereby find and declare that the following facts are true:
(a) IndiscrLminate, unplanned and uncoordinated use of
signs Lmpairs the desirability of residence and investment in the
City of riburon; results in the failure of attaining the optimum
use and value of land; causes special injury to the economy of the
City and to the general p4osperity, health, welfare and safety of
the citizens of Tiburon; endangers Tiburon's unique natural setting,
its residential character, the picturesque character tnd high
quality of design found in many of its buildings; and creates undue
hazards for moto~ists and pedestrians.
(b) The City of Tiburon does not now have adequate
comprehensive rules and regulations governing the erection and use
of signs within the City, but the Planning Commission, is in good
faith, and as expeditiously as possible conducting studies, and
holding hearings, for the purpose of preparing and drafting a
permanent ordinance regulating the use and erection of signs within
the City. The Planning Commission is presently studying a draft of
such a proposed ordinance and regulations.
(c) The erection and use of signs within the City in a
manner which may be in conflict with the comprehensive ordinance and
regulations now under study and consideration will seriously impede
the effectiveness of any such ordinanCE and regulations which may
be adopted and will impair or prevent their implementation.
Section 2. Definitions.
(a) Sign. The word sign is defined as any writing,
pictorial representation, symbol, insignia, banner, placement of exterior
ornamental lighting, or any other figure of s~ilar character of whatever
material which is used to identify, announce, direct attention to, or
advertise, which is erected on the ground or on any bush, tree, rock,
wall, post, fence, building, structure, vehicle, or in or on any place
whatsoever and which is visible from outside a building.
Conventiona1.str~et: numbers and individual name
plates on buildings, not exceeding two square feet in area, are not
'sign~ "within the meaning of this ordinance.
(b) Erect. Erect shall mean build, erect, construct, hang,
place, relocate, c~large, substantially alter, attach, suspend, paint, post,
maintain or display.
Section 3. Permit Required
It shall be unlawful for any person to erect any sign within the City
of Tiburon until a permit for the same has been issued by the Board of
Design Review pursuant to the provisions of this ordinance. A separate
permit shall be required for each sign. Sign permits shall not be issued
if there is a determination and finding that the use of said sign will.or
may, conflict with such proposed comprehensive ordinances and regulations
concerning signs as are now under study by the Planning Commission, and
such comprehensive ordinances and regulations concerning signs that will
be studied by the Commission, or if the Board of Design Review finds that
such use will, or may, be deteimental to present and potential uses of
adjacent property.
'3/20/68
1.
Section 4. Application for Permit. All applications for sign
permits shall be in writing; shall be filed with the Development Administrator;
shall be made on such forms, and shall include such information as the
Development Administrator shall prescribe. Applications shall be made
only with the written consent of the owners of the property concerned,
or the lessee or person in lawful possessions of same and shall be
accompanied by a filing fee of Five ($5.00) Dollars.
Section 5. Other Fees and Permits Required. Upon approval of
the application by the Board of Design Review, and pr10r to erection
of the sign, an erection permit shall be secured 'and a permit' fee paid in
accordance 'with the Unifo~ Building Code. Illuminated signs shall require
a wiring permit as ..provided. in the Electrical Code of the City of Tiburon;
and shall not be filed until sixty (60) days after installation.
Section~. The Uevelopment Administrator shall transmit the application
to the Board of Design Review who shall in turn consider the application at
its next regular meeting. The Board shall determine whether the proposed sign ~~
compatible to the neighborhood- 1n which it is proposed to be installed, is in
harmony with the structure to which it pertains, and complies with alL'other appli-
cable ordinances and laws, and complies with the provisions of Section 3. After"'l
such detfrmin8tion the Board may approve, disapprovo'or approve with modification~
such ~pp i$:"t~o~. Appeal. The action of the Board of De$ien ~mvi,,,,. shall
be fi~:f~ioRp~als from action of the Board shall be as set forth in
Ordinance No.9 N.S.
Section 8.
Enforcement
(a) Public Nuisance Declared. Any violation of the provisions
of this ordinance is hereby declared to be a public nuisance, and the
City .ttorney, on direction of the City Council, shall institute necessary
legal proceedings for the abatement or enjoinment thereof in the manner
provided by law and shall take such other steps as may be necessary to
accomplish those ends.
(b) Violations Declared Misdemeanor. Any person violating any
provision of this ordinance shall be guilty. of a m.sdemeanor and upon
conviction thereof shall be subject to a fine of not less than Twenty-
Five Dollars ($25.00) but not exceeding One Hundred Dollars ($100.00)
or imprisonment for a period not to exceed thirty (30) days, or by both
said fine and imprisonment.
Section 9. Separability. If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remainingportioDS of
the ordinance. The City Council of the City of Tiburon hereby declares that it
would have passed this ordinance, and each section, subsection, clause or
phrase therof, irrespective of the fact that anyone or more obhcr sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
Section 10. Effective Date. This ordinance is hereby declared to be
an urgency measure and shall be in full force and effect immediately upon
its adoption. Within fifteen (15) days after its adoption, this ordinance
shall be published with the names of the members voting for and against
the same, at least once in a newspaper of general circulation published in
the City. The conditions constituting such urgency are as follows: The
erection and use of signs ~lthin the City contrary to the provisions of
this ordinance would imperil the public health, safety, peace, and general
welfare of the residents of Tiburon for the reasons set forth in S~tion 1
of this Ordinance. _
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tiburon held on the 8th day of Aoril , 1968,
by the following vote:
AYES:
C0U11c11men: Bremer, Drohan, Fanning, Harvey, Hoffmire
Counc i lme n: None
NOES:
ABSENT:
~,
Counc i lme n: None
,I' ./ (,. ,I ,/ .." . J. '
4:-(,{,1 '/. / fTZ ~ ..~ ly.....
JOHN S. HdFI,tW:, JR.
Mayor of the City of Tiburon
~/~
W CE D. RO E, CITY C ERK
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