HomeMy WebLinkAboutOrd 06211
2
3
4
5
6
7
S
P
10
11
12
13
ORDINANCE NO. 621
AN ORDINANCE AMENDING TBE ORDINANCE CODE OF THE CITY OF
BURLINGAME BY ADDING ARTICLE 49 B, PART IX, REGULATING
ADVERTISING DISPLAYS ADJACENT TO FREEWAYS
The City Council of the City of Burlingame does ordain
as follows:
SECTION 1. The Ordinance Code of the City of
Burlingame is hereby amended by adding Article 49 B, Part IX,
which shall read and provide as follows:
"ARTICLE 49 B
"ADVERTISING DISPLAYS ADJACENT TO FREEWAYS
"Section 1890.1 Definitions
As used in this Article, certain terms are defined as
14
1511 follows:
16
17
18
3.9
20
21
22
23
24
25
26
27
28
29
30
31
32
a, ?ADVERTISING STRUCTURE? refers to a structure of any
kind or character erected or maintained for outdoor advertising
purposes* upon which any poster, bill, printing, painting or
other advertisement of any kind whatsoever may be placed, includ-
ing statuary*
b. ?SIGN? refers to any card, cloth, metal, painted or
wooden sign of any character, placed for outdoor advertising
(purposes, on or to the ground or any tree, wall, bush, rock,
fence, building, structure or thing, either publicly or privately
owned, other than an advertising structure.
c, Neither ?advertising structure? nor 'sign' as used in
this Article includes:
(1) Official notices issued by any court or public
body or officer;
(2) Notices posted by any public officer in perform -
ante of a public duty or by any person in giving legal notice;
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
28
29
30
31
32
(3) Directional, warning or information structures
required or authorized by law or by Federal, State or Municipal
(authority.
d. 'ADVERTISING DISPLAY' refers to advertising structures
land to signs.
e. 1FREEWAY1. The term 'freeway' shall be deemed to mean
a highway in respect to which the owners of abutting lands have
no right or easement of access 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
variants, as applied to advertising displays, includes the main-
taining and the erecting, constructing, posting, painting,
printing, tacking, nailing, gluing, stitching, carving, or other-
wise 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.
"Section 1890.2 Advertising Displays Adjacent to Freeways
Prohibited
No advertising display shall be erected, constructed,
maintained or relocated in the City of Burlingame:
a. If such advertising display is designed to have the
advertising thereon maintained primarily to be viewed from a
main traveled roadway o� a freeway, or
b. If such advertising display, because of its location,
size, nature or type, constitutes or tends to constitute a hazard
to the safe and efficient operation of vehicles upon a freeway or
creates a condition which endangers the safety of persons or
property thereon.
"Section 1890.3 Exempt Advertising Displays
The provisions of Section 1890.2 of this Code shall
not apply to any advertising display used exclusively:
- 2 -
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
28
29
30
31
32
a. To advertise the sale or lease of the property upon
which such advertising display is placed;
b. To designate the name of the owner or occupant of
the premises upon which such advertising display is placed or to
identify such premises;
c. To advertise the business conducted, or goods manu-
factured or produced, or services rendered upon the property
upon which such advertising display is placed.
"Section 1890.4 Special Permits
It shall be unalwful for any person to erect, con-
struct, or relocate any advertising display permitted by Section
1890.3 of tkis Code without a special permit therefor first having
been issued as hereinafter provided. Application for such
1 special permit shall be made in writing to the Building Inspector
and shall be referred by him to the Planning Commission. At its
next meeting thereafter, or at any meeting to which the matter
may be continued, the Planning Commission shall approve the
issuance of a special permit if it finds that the proposed
advertising display is permitted by the provisions of Section
1890.3 of this Code, Any special permit granted pursuant to
this section shall provide that the proposed advertising
structure must conform to every provision of this Code regulating
size and height limitations, structural safety, lighting and
building permit fees.
"Section 1890.5 Prohibited Displays As Nuisances
All advertising displays which are placed or which
exist in violation of the provisions of this Article are public
nuisances and may be abated in the manner provided in Article I
of this Code."
SECTION 2, SEVERABILITY
If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held to be
- 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
28
29
30
31
32
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the valid-
ity of the remaining portions of this Ordinance. The City
Council of this City hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, clauses, phrases, or portions
may be declared invalid or unconstitutional.
SECTION 3, This Ordinance shall be published once as
required by law,
r
L. B. MORGAN
MW or
I, Herbert K. White, 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 20th day
of February, 1956, and adopted at a regular meeting of the
City Council held on the 5th day of March, 1956, by the following
vote:
Ayes: Councilmen: Byrd -Johnson -Morgan -Rooth -Thayer
Noes: Councilmen: None
Absent Councilmen: None
Herbert K. White
City Clerk