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HomeMy WebLinkAboutOrdinance #283 ORDIMNCE UMBER /_JQ ; AN ORDINANCE REGUI&aTING A2M RELATING TO THE CONSTRUCTION AND MAINTENANCE OF OUTDOOR ADVERTISING STRUCTURES IN THE CITY OF HUNTINGTON BEACH. I 1 I THE BOARD.OF TRUSTEES OF THE CITY OF HUNTINGTON BEACH DO ORDAIN AS FOLLOWS: 2 SECTION 1. I For the purpose of this ordinance, certain terms used herein are de- 4 I fined as follows: 6 ADVERTISING STRUCTURE. The term. "Advertising Stracturelf as used in 6 this ordinance is hereby defined to be any board, fence, sign or structure 7 ! erected for advertise u the surface of the �' purposes, u P I'P � on P ground, upon which any 8 I poster, bill, printing, painting, device or other advertisement of any kind 9 whatsoever may be placed, stack, tacked, posted, printed, painted or fastened, g�CC,/uS�tYe4�+ 10 but this definition shall not be held to include any board, sign or surface used,; 11 ! � to display official notices issued by any court or public office, or posted by 12 any public officer in performance of a public duty, nor shall it be held to in- 16 I elude any real"estate sign advertising "For Sale or Rent" the property upon which I 14 it stands, provided such real estate sign has not a surface area greater than 16 ! nine (9) square feet. 16 I OUTDOOR ADVERTISING. The term "Outdoor Advertising" as used in this i 17 ordinance is hereby defined to be advertising on any advertising structure, or � 18 the pasting, posting, printing, painting, nailing or tacking or otherwise fasten- 19 ing of any hand-bills, cards, banners, signs, posters, advertisements or notices 20 of any kind whatsoever upon any fence, building, property or- place. 21 STREET LINE. The term "Street Line" as used in this ordinance is 22 hereby defined to- be the boundary line between the street and the abutting � I 23 it property. I I j � 24 FACE OR MALL OF BUILDING. The term "Face or wall of building" is hereby 26 defined to be the general outer,, surface of any main exterior wall of a buildinge j l � ! 26 STREET• The term "Street" as used herein shall include all public ! 27 j thoroughfares excepting alleys. j 28 SECTION 2- I I 29 j It shall be unlawful for any person, firm or corporation to engage in or i 30 carry on the business or occupation of Outdoor Advertising in the city of Hunting- ' '31 i ton Beach without paying the license fee imposed by this ordinance. The license 32 fee imposed by this ordinance, shall be payable in advance, and the amount thereof I t I i • I I 4 1 shall be Thirty-five Dollars ($35.00) per year. Upon the payment of the license 2 I fee, the City Clerk shall issue to the person, firm or corporation, paying the 3 license fee, a certificate to be known as the "Outdoor Advertising License", and 4 such nt shall entitle the holder to engage ngage in and carry on the business or 6 occupation of Outdoor Advertising in accordance with the provisions of this or- 6 dinance. • I 7 SECTION 3. • I 8 i For the purpose of regulating the erection, construction and maintenance 9 I of advertising structures within the City of Huntington Beach, the territory of 10 the said City shall be divided into districts to be designated and known as (1) i I 11 i Business District; (2) Semi-business District; (3) Suburban District; and (4) 12 Residence Districts. 13 SECTION 4. f � I 14 ;I The BUSINESS DISTRICT shall consist of and include all that portion of I 15 + the City of Huntington Beach within the boundary of Fire District No. 1 as said 18 district is now or may be hereafter defined by Ordinance of said City. Ii 17 j SECTION 5. j i 18 The SMI-BUSINESS DISTRICT shall consist of and include all lots and I 19 I parcels of land fronting on both sides of the saws street within any block wherein .i ,I 20 awre than fifty percent of the occupied frontage on both sides of such street 21 within such block is occupied by buildings, establishments or space, devoted to or I 2Z !f utilized for business purposes as distinguished from purely residential purposes. I 23 For the purpose of this section the term "Block1l is defined to mean !I i 24 1 that portion of a street (hereinafter referred to as the primary street) between j 2 6 i two cross streets which intersect one or both side lines thereof, provided that in 11 I � 26 I cases where a cross street intersects only one line of such primary street a 27 i straight line joining the center line of the terminating cross -street at its 28 , ! terminus with the nearest point on the opposite side of said primary street shall 'i I 2 9 limit the block on the other side of the primary street. 30 I ' SECTION 6. j 3 1 ' SUBURBAN DISTRICTS shall consist of and include all portions of the City _ 32 I of Huntington Beach which are not divided or sub-divided into lots of one hundred (100) feet or less frontage on any public thoroughfare; provided, however, that 1 70 1 I 1 every block in which no residential structure is maintained shall be considered a + 2 suburban district for all purposes of this ordinance. I SECTION 7. I 4 I RESIDENCE DISTRICTS shall consist of and include all portions of the 5 I City of Huntington Beach not included in the business, semi-business or suburban 6 districts. I 7 SECTION 8. 8 ( It shall be unlawful for any person, firm or corporation to erect or 9 I construct, or to cause or permit to be erected or constructed any advertising I 10 structure of an area of more than nine (9) square feet within any residence 11 district. 12 SECTION 9. 13 i It shall be unlawful for any person, firm or corporation, to erect or j 14 i construct or to cause or permit to be erected or constructed any advertising _I I 16 structure of an area of more than nine (9) square feet within fifty (50) feet of 16 i a residence within any suburban district of said city. j 17 SECTION. 10. 18 I It shall be unlawful for any person, firm or corporation, to erect, i 19 construct or maintain, or to cause or permit to be erected, constructed or main- 20 I tained any advertising structure upon any lot or- promises within the City of 21. 1 Huntington Beach in such a manner that any portion of said advertising structure 22 it is nearer to the line of any public side-walk, street, alley or other public i 23 ) place; than the front line of the nearest building in the same block. I 24 SECTION 11. i 26 i It shall be unlawful for luny person, firm or oorpomtion to erect, 26 construct or maintain or to cause or permit to be erected, constructed or main.- I 27 twined within the City of flan#ngton Beach, a ziy advertising structure erected on tho I I 28 j surface of the ground unless all portions of the base line thereof be at least I 2'9 i eighteen (18) inches above the level of the street upon which the advertising t structure faces; provided, however, that a horizontal member six (6) inches wide I i �jor ornamental pilasters and lattice work may be set between the base line and the 32 ground, but the members comprising such lattice work shall be of uniform width and I i I 1 shall be so placed that the open or clear space between the members of such 2 . I lattice work shall be at least equal to the greatest width of any member thereof. 3 SECTION 12. 4 It shall be unlawful for any person, firm or corporation, to erect, 6 i constructor maintain or to cause or permit to be erected, constructed or main- i 6 j tained within the City of Huntington Beach any advertising structure with an ad- 1 7 I vertising surface of more than ten (10) feet six (6) inches in height; provided, j 8 i however, that an ornamental moulding or cornice not exceeding two (2) feet in I ' 9 i width may be placed around the same. 10 1 SECTION 13. � o I 11 It shall be unlawful for any person, firm or corporation, to erect, i 12 construct or maintain or to cause or permit to be erected, constructed or main- i 13 i twined within the City of Huntington Beach, any advertising structure unless the 14 same be safely and securely built and constructed, and erected upon redwood posts j 15 or standard, sunk at least three (3) feet below the natural surface of the ground, I 16 and unless the sam3 be braced by timbers or metal rods in the rear thereof extend- '; I I 17 ing from the top of said advertising structure to a point in the ground equal to i 18 1 at least one-third (1/3) of the height of said advertising structure, measured I 19 along the ground from the posts or standards upon which said advertising structure ! 20 is erected, except when fastened to or the vertical supports of which are placed 21 i ' I against the wall of the building. I 22 I� SECTION 14. I 23 i It shall be unlawful for any person, firm or corporation to erect or 24 construct or to cause or permit to be erected, constructed or maintained within 26 j Fire District #1 of the City of Huntington Beach as said district is now or may I I I , 26 be hereafter established by ordinance of said City, ar3y advertising structure 27 unless the surface of the same is built or constructed of metal or other non- ` I 28 I� combustible material. The posts or standards upon which the structure rests and 28 the mouldings, cornice, braces and lattice work may be constructed of wood. t3Q I SECTION 15. I � � I '3` i It shall be unlawful for any person, firm or corporation, except a 32 j public officer or employee in performance of a public duty, or a private person I -4- i 1 � I II. 1 II in givinga legal notice to paste, post, nail tack or otherwise fasten an cloth � � pa � p . s y s 2 I paper, or card-board banner, hand-bill, poster, sign or notice of any kind upon 3 any building, or upon any wooden faced advertising structure, fence, enclosure, 4 bulk-head or other frame structure except where a metal surface has been provided. j 6 SECTION 16. i 6 It shall be unlawful for any person, firm or corporation, erecting, con- � I 7 strutting, owning or controlling any advertising structure within the City of 8 Huntington Beach to fail, refuse or neglect to cause the name of the person, firm 9 or corporation, erecting, constructing, owning or controlling such advertising 10 structure to be plainly marked, painted or outlined upon or above such advertising i 11 structure in a conspicuous place thereon. 12 SECTION 17. . i 13 It shall be unlawful for any person, firm or corporation, erecting, i I 14 constructing, owning or controlling any advertising structure within the City of II 16 ! Huntington Beach to fail, refuse or neglect to remove or cause to be removed any 16 weeds, rubbish, or any inflammble waste or material from the base of any adver- 0 17 tising structure. I I 18 SECTION 18. i I 18 It shall be unlawful for any person, firm or corporation to exhibit, I 20 post or display or to cause or permit to be exhibited, posted or displayed, any I 21 immoral ,or unlawful act, suggestion, business or purpose. I 22 SECTION 19. 23 It shall be unlawful for any person, firm or corporation, except a I 24 public officer or employee in the performance of a public duty, to paste, paint, I 26 print, nail or tack or otherwise fasten any card, banner, hard-bill, sign, poster 26 � or advertisement or notice of any kind, or cause the same to be done on any curb- 27 I stone, lamp-post, pole, hydrant, bridge, wall or tree upon any side walk, street, 28 or public property except as may be required by ordinance or law. 28 . SECTION 20. i 30 It shall be unlawful for any person, firm or corporation, to erect or ` 81 construct or to cause or permit to be erected, or constructed or maintained, any 32 advertising stimoture or sign device upon any public side-walk, street, alley or other public placd except as may be required by ordinance or law. r J I t I 1 SECTION 21. 2 It shall be unlawful for any person, firm or corporation, to erect, 3 construct or maintain any advertising structure upon any property, without the 4 I written consent of the owner, holder, lessee, agent or trustee thereof, and a 6 written permit from the building inspector. 6 SECTION 22. 7 Any person,. either as principal, agent or otherwise, desiring such I 8 building permit shall file with the building inspector an application therefor. � I 9 Such application shall set forth the location on which it is proposed to erect .j 10 such advertising structures, describing the same by lot or block, or by any other 11 I description by which the same may be readily located and identified. If the 12 I application shows that the erection, construction, art maintenance of the proposed '', I 13 advertising structure be in accordance with all the requirements of this ordinance] 14 j the building inspector shall issue a permit upon the payment by the applicant of a 15 i a fee of Fifty Cents (50,) for each Twenty-five (25) lineal feet or fractional 16 I part thereof of such advertising structure to be erected and maintained. ' 17 SECTION 23. 18 I It shall be the duty of the building inspector and police department to I 19 I enforce the provisions of this ordinance. ' I ' 20 i SECTION 24. 2'? iI If any section, sub-section, sentence, clause or phrase of this or- 22 dinance is for any reason held to be unconstitutional, void or invalid, the 23 validity of the remaining portion of this ordinance shall not be affected thereby, 24 it it being the intent of the Board of Trustees of the City of Huntington Beach in 26 adopting this ordinance that no portion thereof, provision, or regulation con- I 26 tained therein, shall become inoperative, or fail by reason of any unconstitu- j 27 j tionality or invalidity of any other portion, provision or regulation. I J � I 28 SECTION 25. 29 I That art person, firm or corporation,/ violating any of the provisions j 30. j of this ordinance shall be deemed guilty of a misdemsanor and upon conviction i 31 I thereof shall be punishable by a fine of not more than One Hundred ($100.00) I 32 Dollars or by imprisonment in the City Jail for a term not exceeding Thirty (30) �I i 72 J • 1 days, or both said fine and imprisonment. 2 SECTION 26. 3 All ordinances or parts of ordinances in conflict with the provisions 4 of this ordinance are hereby repealed. 6 I SECTION 27. I 6 The City Clerk shall attest the adoption of this ordinance and shall 7 cause the same to be published onde in theA i 8 and it shall take effect and be in force on the 30th day after its passage. 9 Passed .by the Board of Trustees, of the City of Huntington Beach on 10 j this the day of 1926. 11 12 10 13 President of the Board of Trustees 14 I 16 I ATTEST �I/V i TE T City Cl k of the City of 16 I Huntington Beach 17 18 State of California ) 19 I County of Orange ) ss City of Huntington Beach) 20 I, C R Furr, Cite Clerk and en-officio Clerk of the Boar. 21 of Trustees of the City of Huntington Beech, California, do hereby 22 i certify that the foregoing Ordinance was introduced and read at a 23 I, regular meeting of the Board of Trustees held on the 17th day of ; 24 May, 1926, and was again read to said Board of Trustees at a regular' 26 meeting of said Board on the 7th day of June,1926, and that the salid 26 it Ordinance was passed and adopted by the following vote : 27 i Ayes Trustees 1;1Iitchall, Harris, Boster 28 sloes Trustee Wharton; Absent Trustee iRidenour. aei / 29 City Clerk an f icio Olerk' of the' . 30 Board of Trustees o.f -the City of I o Huntington Beach, California. �1 c i 2 -7-