HomeMy WebLinkAboutORD 1178ORD 1178 $Í ;¢f4 ž / ORDINANCE NO. 1178
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPROVING MODIFICATIONS TO THE
CITY'S MUNICIPAL CODE SECTION 153.387 RELATING TO
PROHIBITED SIGNAGE, DECLARING ILLEGAL SIGNS
PUBLIC NUISANCES AND ESTABLISHING PENALTIES FOR
THE POSTING OF ILLEGAL SIGNS APPLICANT: CITY OF
BALDWIN PARK; CASE NO.: AZC-144; LOCATION:
CITYWIDE)
WHEREAS, the activity of posting signs illegally on utility poles creates potential
hazards to vehicles along the City's streets and freeway corridors; and
WHEREAS, the activity of posting illegal signs on utility poles is a blighting influence
along the City of Baldwin Park's streets and the 1-10 Freeway Corridor; and
WHEREAS, illegally posted signs cause a public nuisance to the City and are a drain
on public resources in that the City spends staff time and City equipment to remove the
illegally posted signs; and
WHEREAS, since the removal of illegally posted signs is a depletion of City
resources, cost recovery is deemed necessary in order to retrieve lost monies for the
removal of illegally posted signs; and
WHEREAS, changing the penalty of posting an illegal sign from an infraction to a
misdemeanor would carry more significant penalties and deter future illegal activity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park does hereby find.
determine and declare as follows:
a) That the City of Baldwin Park hereinafter Applicant")
heretofore initiated a study to amend Section 153.387. Permits" of the Sign
Regulations Chapter, of the Baldwin Park Municipal Code; and
b) That on April 25, 2001, the Baldwin Park Planning Commission
conducted a duly noticed public hearing upon said Application and
recommended that the amendments be approved; and
c) The Resolution of the Baldwin Park Planning Commission
recommending approval of the amendments, and the evidence presented at
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the public hearing before the Baldwin Park Planning Commission, are
incorporated herein.
SECTION 2. The City Council of the City of Baldwin Park further finds,
determines and declares as follows:
a) That on May 16, 2001. the City Council conducted a duly noticed
public hearing upon said Application; and
b) That the proposed changes provide for the protection of
health, safety and welfare of the residents of Baldwin Park; and
c) That the proposed changes are not detrimental to the
properties within the City; and
d) That the proposed changes are consistent with the provisions
of the General Plan: and
e) That the City Council conducted a duly noticed hearing upon
said matter, and based upon the evidence presented, it was determined that
the public interest, necessity, convenience and general welfare require the
approval of the amendments to the Sign Regulations of the Code.
SECTION 3. That Section 153.387 of the Municipal Code are hereby amended as
follows:
SECTION 153.387 B)
Prohibited Signs Declaration of Nuisance. All signs not specifically
permitted excepted. or exempted from these regulations are prohibited; and
shall constitute a public nuisance in accordance with and subject to Chapter
95 of the Municipal Code. Such signs shall include, but not be limited to the
following:
1. Animated signs.
2. Signs attached to utility poles unless specifically approved by
the utility company in writing.
3. Signs attached to trees, fences, bridges, or light poles.
4. Signs which imitate traffic control devices.
5. Any sign that is in disrepair.
6. Any sign which impedes the flow of traffic or creates a traffic
hazard.
7. Murals
SECTION 153.387 D)
Penalties Cos/ Recovery. A violation of this section shall be deemed
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a misdemeanor. In addition, where the abatement of a public nuisance as
determined by this section is required by the City, such proceedings shall be
governed by Chapter 95 of this code including but not limited to those
provisions allowing for the recovery of the city's costs of abatement. For
purposes of this subsection, any person or business whose name and/or
telephone number appears on the sign may be presumed to be responsible
for posting the sign.
SECTION 4. That the City Council at the time of the public hearing on the above
matter reviewed and considered the proposed Negative Declaration of Environmental
Impact, and comments relating thereto. The City Council, based on its public review, does
hereby approve the proposed Negative Declaration, since there is no substantial evidence
that the project will have a significant impact on the environment.
SECTION 5. That the City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published in a manner prescribed by law. and shall
forward a copy of the same to the Secretary of the Planning Commission. The Secretary of
the Planning Commission shall file the Notice of Determination and Negative Declaration of
Environmental Impact.
SECTION 6. Severability. The City Council hereby declares that it would have
passed this Ordinance sentence by sentence, paragraph by paragraph, and section by
section, and does hereby declare that the provisions of this Ordinance are severable, and
if, for any reason, any sentence, paragraph or section of this ordinance shall be held
invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 7. Nothing in this ordinance shall repeal any previously enacted sections
of Chapter 153, subsection entitled Sign Regulations" of the City of Baldwin Park Municipal
Code.
APPROVED AND ADOPTED this 6th Day of June, 2001.
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I. ROSEMARY M. RAMIREZ, Deputy City Clerk of the City of Baldwin Park. do
hereby certify that the foregoing Ordinance No. 1178 was regularly introduced for first
reading at a regular meeting of the City Council on May 16. 2001 and was approved and
adopted on second reading, at a regular meeting of the City Council held June 6, 2001. by
the following vote:
AYES:
COUNCILMEMBERS:
Marlen Garcia. Ricardo Pacheco, Bill Van
Cleave. Mayor Pro Tern Gair and Mayor
Manuel Lozano
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Rosemary M.
Deputy City Clerk
rj^CMC
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