HomeMy WebLinkAboutOrd 15872
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
ORDINANCE 1587
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING MUNICIPAL CODE CHAPTERS 12.10 AND 22.48 TO ALLOW
PRIVATE PERSONS TO PLACE FIGURES IN THE PUBLIC
RIGHT-OF-WAY WITH AN ENCROACHMENT PERMIT
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Under the City Sign Code, any figure, character, delineation, device,
symbol, or any other thing of a similar nature used to identify a busn�ess, service, or commodity,
or to otherwise attract attention is defined as a sign. Generally, no privately owned signs are
allowed in the public right-of-way. The Council wishes to allow privately owned figures in the
public right-of-way in Subarea A of the Burlingame Avenue Commercial Area, because they will
contribute to the unique character and ambience planned in the approved streetscape improvement
plan for this area. It is believed that figures will contribute to the ambience of this area, so long
as the figures are regulated by an encroachment permit which is approved by the city engineer,
they do not cause a public safety hazard or visual obstruction, and the figures contain no words
specifically identifying any product, business, corporation, enterprise, or marketing program.
Section 2. Section 22.48.030 is amended to read as follows:
22.48.030 Signs on the public right-of-way.
(a) Except as otherwise allowed under this section, signs, A -boards and advertising
stnictures, placed upon or attached to the ground upon any portion of any public street, sidewalk,
or right-of-way are prohibited.
(b) Newspaper vending machines are allowed under Chapter 12.23.
(c) Signs allowed under Sections 22.34.020 and 22.54.040 may be erected and
maintained if they comply with the requirements of the
Code.
(d) Figures may be placed pursuant to
a revocable encroachment permit on a public
1
2
3
4
5
6
7
8'
9,
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
25 I
26 I
27 I
sidewalk in the
area fronting to property
on which the tenant's owned or leased
space is located
under Chapter
12.10 in Subarea A of
the Burlingame Avenue Commercial
Area (Section
� 25.08.160).
Section 3. Section 12.10.040 is amended to read as follows:
12.10.040 Permit - Issuance -Revocation
(a)
The city engineer will
grant the
request for an encroachment
permit
in whole or in
part, subject
to such conditions as the
engineer
may determine are necessary
for the
health, safety
and general welfare of the public.
(b) Any privately owned figure allowed in the public right-of-way in Subarea A of the
Burlingame Avenue Commercial Area shall conform at a minimum to the following criteria:
(1) The applicant shall be either the owner or a tenant of the private property
immediately adjacent to the sidewalk area on which the figure is to be located and the application
shall be signed by both the tenant owning the figure and the property owner from whom the
adjacent site is leased;
(2) The figure shall be made only of wood, stone or metal.
(3)
be attached to the
The
figure
shall
not be
]it from
the inside
or
outside, contain
any
wiring,
motorized
or moving
parts or
make
any
sound,
and no
balloons,
banners,
streamers
or
similar
items shall
figure;
(4) The items listed in Section 25.76.020(3) Adult Entertainment shall not be depicted
in any figure;
(5) The figure shall contain no letters, words, or characters;
(6)
The figure shall
be no
taller than six and one half (6.5) feet as
measured from the
adjacent level
of the sidewalk
and no
wider than three (3)
feet at any point;
(7)
The placement
shall
not interfere with
or cause damage
to existing public
improvements;
(8) The figure shall be structurally stable with respect to tipping, wind load, sharp
-2-
1
2
3
4
5
6
7
8
9i
I0'
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
objects or other potential hazards so that it is and determined to be safe for the public;
(9) The figure shall be maintained by the private owner who shall be responsible for
inspecting and immediately repairing any damage to the figure;
(10) The owner of the figure shall assume all liability for any theft, injuries and property
i damage caused by or to the figure;
(11) The figure shall be placed at least ten (10) feet from the outside edge of any
pedestrian crosswalk, unless the figure is attached to the wall of a structure and does not extend
more than two (2) feet into the public right -of --way;
(12) The figure shall be placed against die wall of a structure or permanent city planter
box and located so that there is a minimum of five (5) feet of clearance on the adjacent sidewalk
for unobstructed pedestrian movement;
(13) The figure shall not be permanently attached to the public right-of-way or any
improvement in the. public right-of-way;
(14) The figure shall be securely attached to a private structure or shall be removed daily
from the public right-of-way and shall not be put in place before 8 a.m. and shall be removed
before 6:00 p.m.; and
(15) Upon notice of the city engineer, the figure shall be removed from the public right-
of-way for the duration of: any sidewalk and infrastructure cleating and repair work, civic
� events, street fairs or other activities which cause the street to be closed.
(d) An encroachment permit for a privately owned figure in the public right-of-way
may be revoked by the city engineer for failure to comply with any of the criteria listed in section
(b) within forty-eight (48) hours of receipt of a warning notice. If the owner fails to comply with
the criteria within the 48 hour period, the city may remove the figure and permanently dispose of
it at the owner's expense;
(e) If a figure has become a threat to the public's health and safety it shall be removed
� immediately at the owners expense.
(f) Any encroachment permit issued under this chapter shall be revocable by the city
3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
upon written notice.
Section 4. This ordinance shall be published as aired b
Mayor
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the 2nd
day of February, 1998, and adopted thereafter at a regular meeting of the City Council held on
the 18th day of February 1998, by the following vote:
AYES:
COUNCIL
MEMBERS:
GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI I
NOES:
COUNCIL
MEMBERS:
NONE
ABSENT:
COUNCIL
MEMBERS:
NONE
-4-