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Staff Report

Anaheim City Council
May 7, 2024

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Staff Report
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May 7, 2024
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Anaheim City Council
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200 S. Anaheim Blvd.

Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net

CITY COUNCIL AGENDA REPORT
City of Anaheim

PLANNING AND BUILDING DEPARTMENT
DATE: MAY 7, 2024
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: POLITICAL SIGN REGULATIONS
ATTACHMENT (Y/N): YES ITEM # 22
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:

Receive an informational report on city regulations regarding political signs.

DISCUSSION:

At the Council meeting on January 23, 2024, Council Member Meeks requested a report on the city’s political signs regulations. This report provides an overview of the regulations governing political signs within the City of Anaheim, as outlined in the Anaheim Municipal Code (“Code”).

Political signs play a significant role in our democratic process. To address potential safety concerns and maintain community aesthetics, the Code includes specific regulations governing the size, placement, duration, and enforcement of political signs, as follows:

Size Limitation: The municipal code establishes a maximum size of thirty-two (32) feet for political signs, whether freestanding or attached to a structure, without the need to obtain a building permit. Larger signs are permitted subject to the issuance of a building permit.

Placement of Signs on Private Property: Political signs are permitted on private property, subject to the following requirements:
i. Persons wishing to place political signs on private property must receive permission from the property owner;
ii. Political signs shall comply with size, height, and location requirements related to “Line of Sight Triangles” at street intersections and commercial driveways, as shown below:

Political Sign Regulations
May 7, 2024

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Line of Sight Triangle at Street Intersections
Light of Sight Triangle at Driveway Intersections
Placement of Signs in Public Right-of-Way (Prohibited): The Code prohibits the placement of political signs in the public right-of-way, including public streets, medians, alleys, sidewalks, and trails. The Code further prohibits signs from being affixed to any curb, utility or telephone wire, crossbar or pole, lamp post, traffic or parking control devices, hydrant, bridge, tree, bus shelter, or other object located within the public right-of-way. By limiting sign placement in these areas, the city intends to maintain vehicular, bicycle and pedestrian safety, prevent obstructions, and preserve the visual aesthetics of public spaces.

To ensure adequate visibility of on-
coming pedestrians, bicyclists, and/or
automobiles at the intersections of
streets and driveways, signs located
within “Line of Sight Triangles” shall
be no greater than 24 inches high.

Signs greater than 24 inches high must
be located outside of any “Line of
Sight Triangle”
Political Sign Regulations
May 7, 2024

Page 3 of 4 ends

Duration Restrictions: Political signs are subject to duration limits to prevent their indefinite display before and after election periods. Signs must be removed within one hundred and twenty (120) days of placement, or within thirty (30) days after the election.

Enforcement (Public Right-of-Way): City employees, with direction from Department Directors from Public Works, Utilities, Community Services, Economic Development and Planning and Building, are authorized to remove signs from the public right-of-way and/or public property. Enforcement efforts are led by the City’s Code Enforcement Division, however, field employees from various departments that encounter signs during their normal course of work also routinely remove unpermitted signs. Code Enforcement staff also remove sign(s) from the public right-of-way in response to complaints.

Storing and Retrieval of Signs removed from Public Right-of-Way: At time of removal of a sign from the public right-of-way, staff will mark a sign with the date and location of the removal.

Signs are then stored at a designated city facility for potential retrieval. Candidates and their representatives, and/or third-party organizations, may contact Code Enforcement to coordinate the pick-up of signs. Signs that are not picked-up during the campaign are stored until 30 days after the election before they are discarded.

Penalty Provisions for Signs in Public Right-of-Way: The Code includes penalty provisions for violations of the ordinance prohibiting signs in the public right-of-way, including the potential joint civil liability of the person or entity owning the sign and the person or entity responsible for affixing a sign in the public right-of-way for the reasonable cost of removal and storage of the sign(s). The Code also provides for the levy of a fine in an amount as prescribed by State law. In practice, these penalty provisions are rarely enforced. However, they remain on the books to dissuade and prevent any potential egregious violations of the ordinance.

Enforcement (Private Property): Enforcement activities related to violations of the sign ordinance on private property are the responsibility of the City’s Code Enforcement Division.

Enforcement efforts on private property are complaint-based, and staff follows the escalating enforcement protocols provided by the municipal code. In practice, when a complaint is received, code enforcement staff will attempt to contact the property owner and/or property manager to ascertain whether the political signs were authorized by the property owner, and determine whether the signs meet the size and location restrictions in the Code. If a violation is observed, staff will request that the signs be removed by the property owner/manager. If a property owner/manager is not available, staff follows established procedures to notify the property owner of the required action to correct the violation.

Review of City Code and Other Jurisdictions: A review of Chapter 4.04.130 (Prohibition of Signs in Public Right-Of-Way), which was last updated in 1989, revealed some outdated terminology, including references to city departments and positions that no longer exist. The Code also provides for a reward system that could result in the payment of fifty dollars from the City to an individual who provides information resulting in the conviction of any person who violates the provisions contained in this section of the municipal code. A future clean-up of this code section to update terminology and references, and potentially update out-of-date enforcement methods is warranted.

Political Sign Regulations
May 7, 2024

Page 4 of 4 ends

Staff also reviewed the municipal codes of several Southern California cities related to political sign regulations. Of the cities reviewed, approximately one third explicitly prohibit political signs within the public right-of-way and remove them immediately or upon a complaint. Other cities make allowances for political signs in the right-of-way subject to size, location and duration restrictions. Overall, staff found that Anaheim’s ordinance is similar to, and in line with, the regulatory framework and approach of a majority of cities in the region. Although small differences in regulations exist among cities, no significant new tools or policies were identified as part of this review.

A key component to facilitating compliance with the City’s sign code is education. Staff is in the process of developing an informational flyer containing the standards and procedures provided in this report in an easy to understand format. The flyer will be provided to candidates along with a Candidate Letter (Attachment 1) by the Office of the City Clerk. The flyer will also be available on the City’s website. This approach will help campaign teams and residents understand their rights and responsibilities, contributing to a safe and appealing cityscape.

Balancing the right to free expression with the need for community safety and aesthetics is the goal of regulating political signs. The current regulations in the Code and enforcement practices provide a framework for achieving this balance.

IMPACT ON BUDGET:

This report has no fiscal impact on the budget.

Respectfully submitted,
Ted White
Deputy City Manager / Director of Planning and Building Attachments:

1. Political Sign Candidate Letter – Example

2. Anaheim Municipal Code §§ 4.04.130, 4.04.380, and 18.44.210

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