Gonzales City Council
May 6, 2024

CHAPTER 12.116
SIGNS
SECTION:

12.116.010 Intent

12.116.020 Definitions

12.116.030 Prohibited Signs

12.116.040 General Regulations Regarding Signs

12.116.050 Requirement For Permit; Exemptions

12.116.060 Application For Permit

12.116.070 Criteria For Review Of Application

12.116.080 Signs In Agricultural And Residential Districts

12.116.090 Signs In Industrial Districts

12.116.100 Signs In Neighborhood And Highway Commercial Districts

12.116.110 Signs In Downtown Mixed Use District

12.116.120 Freestanding Freeway Signs

12.116.125 Off-site Advertising Billboard Signs

12.116.130 Off Site Directional Signs

12.116.140 Temporary Subdivision Signs

12.116.150 Temporary Construction Signs

12.116.160 Public Interest Signs

12.116.170 Open House Signs In Residential Districts

12.116.180 Temporary Political Signs

12.116.190 Gasoline Price Signs

12.116.200 Comprehensive Signage Program

12.116.210 Special Permits

12.116.220 Nonconforming Signs

12.116.230 Violations; Removal Of Illegal Signs

12.116.010 INTENT:

In order to preserve the natural beauty of the city, to maintain the orderliness of the community’s appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination, and design of signs are regulated. (Ord. 2000-03, 8-7-2000)

12.116.020 DEFINITIONS:

In addition to the definitions set forth in chapter 12.08 of this title, all of which are applicable herein, for the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

BILLBOARD: An on-site or off-site freestanding sign that exceeds the size limitations of a freestanding or wall sign.

COMPREHENSIVE SIGN
PROGRAM:

A general plan for signage, as approved by the city, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size, and illumination of all signs to be erected or installed pursuant to the sign program.

DIGITAL DISPLAY An electronic message display with either fixed or changeable display which may be changed by electronic processes or remote control, which may include words and/or pictures and composed of a series of lights, light emitting diodes (LEDS) or liquid crystal displays (LCDs) or functionally similar signs.

DIRECTIONAL SIGN, OFF
SITE:

A sign, located on one parcel, advertising and/or directing traffic to a business located on a different parcel within the city.

EXHIBIT A
Packet Pg. 429 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

DIRECTIONAL SIGN, ON SITE: A sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information.

HEIGHT: The vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest.

SIGN: Any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of attracting attention from the street, sidewalk or other outside public arena for advertising or identification purposes. A "sign" shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area.

SIGN AREA: The area of the smallest rectangle drawn to include all letters, designs, frame, and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two (2) faces shall be approximately the same size and approximately parallel to each other and not more than two feet (2’) apart at any point.

SIGN, FREESTANDING: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.

SIGN, IDENTIFICATION: A sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located.

SIGN, ILLUMINATED: A sign having its own immediate source of internal or external lighting.

Externally Illuminated Sign: A sign with an immediate source of illumination that is not completely enclosed by any portion of the sign.

Internally Illuminated Sign: A sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign.

SIGN, OPEN HOUSE: An off site portable sign directing prospective purchasers to the location of a singlefamily dwelling being offered for sale and open for visitation by the public at the time the sign is displayed.

SIGN, POLE: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six feet (6’) or more above grade.

SIGN, POLITICAL: A temporary sign that directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity.

SIGN, PORTABLE: Any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A-frame" type signs, placards and banners.

SIGN, REAL ESTATE: A temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental.

EXHIBIT A
Packet Pg. 430 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

SIGN, SPECIAL EVENT: A temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise.

SIGN, SUBDIVISION: A temporary sign advertising a subdivision and providing travel directions to singlefamily dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of a single-family dwelling within the subdivision.

SIGN, WALL: A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve inches (12") from such a building or structure.

SIGN, WINDOW: A sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window. (Ord. 2000-03, 8-7-2000)

12.116.030 PROHIBITED SIGNS:

The following signs are prohibited:

A. Reflective, flashing or moving signs, except for signs subject to Section 12.116.125 or public service time and temperature signs which shall not be flashing, animated or revolving in nature.

B. Portable signs, except for open house signs, political signs, and special event signs that comply with the regulations of this section.

C. Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention getting devices, with the exception of the following:

1. National, state and local governmental flags properly displayed upon flagpoles.

2. 3. One corporate flag displayed upon a single flagpole.

4. Grand opening and special event displays which comply with the regulations of this section.

5. One decorative flag per residence.

D. Any sign affixed or attached to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business.

E. Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices.

F. Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic.

G. Signs that obstruct any door, window, fire escape or other emergency exit of any building.

H. Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right of way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations.

EXHIBIT A
Packet Pg. 431 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

I. Billboards, excepting those that may be approved subject to Sections 12.116.120 and 12.116.125.

J. Window signs, except as provided in subsection 12.116.050B11 of this chapter, or approved as part of a sign permit pursuant to section 12.116.060 of this chapter. (Ord. 2005-32, 4-18-2005)

12.116.040 GENERAL REGULATIONS REGARDING SIGNS:

A. Compliance With Section: No sign shall be erected, installed, altered, or maintained in any zoning district in the city, including public and private streets therein, except in conformity with provisions of this section.

B. Compliance With District Regulations: All signs shall comply with the particular regulations of the district in which they are located. Additional sign height may be allowed subject to review and approval of a Conditional Use Permit.

C. Compatibility With Surroundings: The design, color, and location of each sign shall be compatible with the architecture of the buildings on the premises, and in harmony with the structures and other improvements on the property or in the vicinity or neighborhood where sign compatibility is a policy decision.

D. Site Restriction: All signs shall be located on the same site as the use they identify or advertise, except off site directional signs as described in section 12.116.130 temporary subdivision signs as described in section 12.116.140, public interest signs as described in section 12.116.160 open house signs as described in section 12.116.170, temporary political signs as described in section 12.116.180 , and off-site advertising billboard signs in Section

12.116.125
E. Sign Projection: No sign shall extend above the ridgeline of a building, nor project more than thirty inches (30") from the outside wall of a building, nor more than twelve inches (12") over any street or alley. The projection is measured on a line perpendicular to the wall. All projecting signs that project over a walkway or public right of way shall have a clearance of nine feet (9’) above grade. Off-site advertising billboard signs as described in Section

12.116.125, not attached to a building, shall be exempt to this provision.

F. Illumination Generally: Light produced by an off-site advertising sign should not exceed 0.3 Footcandles over ambient light levels. Measurement should be taken utilizing a Footcandle meter from 250 feet perpendicular to the face of the digital sign.

G. Illumination Near Residential Districts: Illuminated signs with a brightness more than thirty (30) footlamberts shall not be erected nearer than fifty feet (50’) from any point in a residential district unless the face of the sign is not visible from the residential district.

H. Size Of Letters: Unless otherwise prescribed in this chapter, no sign shall have letters greater in size than eighteen inches (18") in any dimension, except that in the I district, letters of sixty inches (60") may be permitted.

Off-site advertising billboard signs are exempt from this provision.

I. Backs And Supports: The backs and supports of all signs shall be subdued.

J. Construction Standards: All signs shall be constructed in such a manner as to protect the public safety.

Construction standards shall be as set forth in the latest edition of the uniform building code as adopted by the city.

K. Freestanding Signs: Except as otherwise expressly provided in this section, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be freestanding. Where freestanding signs are allowed, freestanding signs shall not exceed ten feet (10’) in height except for off-site advertising billboards and as otherwise provided in this chapter.

L. Roof Signs: Roof signs must:

1. Be erected only on a roof whose pitch is at least one vertical to four (4) horizontal.

2. Have a face no more than two feet (2’) measured vertically.

EXHIBIT A
Packet Pg. 432 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

3. Be located so the face is parallel to the eaves in front of the sign.

4. Be set no more than eight inches (8") above the roof.

5. Be designed and erected so that no part of its face is higher than either the peak or an elevation five feet (5’) above the eaves in front of the sign.

6. Have architecture and site approval by the planning director.

M. Signs Suspended From Marquee: All signs suspended from a single marquee shall be uniform in size, shape, placement, and background color. Such signs shall have a clearance of at least eight feet (8’) above grade.

N. Multiple Uses On Same Site: Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this chapter. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site.

O. Reduction Of Sign Area: The regulations concerning sign area, as set forth in this chapter, represent the maximum size that may be permitted but do not confer upon any person the right to erect, install, or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in section 12.116.070 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.050 REQUIREMENT FOR PERMIT; EXEMPTIONS:

A. Permit Required: No person shall place, erect, install, or maintain any sign in the city without first obtaining a sign permit pursuant to this chapter, unless such sign is exempted under the provisions listed in subsection B of this section.

B. Exemptions: Except in the case of illuminated signs or any signs that are subject to approval by the city under the terms of any sign program or as a condition of any building site approval, use permit, variance or other approval granted by the city, the following signs shall be exempted from the requirement of a permit:

1. One identification sign, not exceeding ten (10) square feet in area, which is not freestanding.

2. Not more than two (2) on site directional signs upon a single site, each sign not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding.

3. One national, state and local governmental flag properly displayed upon a single flagpole.

4. Holiday decorations, in season.

5. Open house signs that comply with the requirements of section 12.116.170 of this chapter.

6. Political signs that comply with the requirements of section 12.116.180 of this chapter.

7. One real estate sign, not exceeding six (6) square feet in area if located in an R-1 or R-2 district, and not exceeding twelve (12) square feet in area if located in an HC, NC, MU or I district. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

8. One bulletin board, not exceeding twenty (20) square feet in area and not more than ten feet (10’) in height, on the site of a school or religious institution.

9. Official traffic, fire, and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the city or any other public authority to be erected, installed or maintained.

10. Notices required to be posted by law.

EXHIBIT A
Packet Pg. 433 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

11. Window signs of a temporary character presenting promotional materials such as price specials, specific merchandise or food items for sale, brand names and logos and other product information, that do not exceed twenty five percent (25%) of the visible area of a window and which conform to the following standards:
a. Window signs shall be grouped in a portion of the window so as to maintain a rectangular area of the window equal to seventy five percent (75%) of the total window area free of any such signs. b. Window signs shall be maintained in a clean, attractive manner. Faded, outdated, or obsolete advertising material, and unnecessary tape or adhesives should be promptly removed. c. Window signs shall not obstruct visibility into the store or office from the public street or sidewalk and shall be arranged so as to provide for reasonable public safety.

12. Informational signs placed upon an entrance door or window adjacent to an entrance, of not more than two hundred eighty eight (288) square inches of decal application lettering, not to exceed four inches (4") in height, indicating hours of business, emergency telephone and other necessary information. (Ord. 2005-32, 4- 18-2005)

12.116.060 APPLICATION FOR PERMIT:

A. Action By City: Application for a sign permit hereunder shall be made to the planning director on such form as he/she may prescribe.

1. Approval of Sign Permits By Planning Commission: The Planning Commission shall consider and approve the following sign permits:
a. Freestanding freeway signs per section 12.116.120 and 12.116.125 of this chapter. b. Off-site directional and advertising signs per sections 12.116.125 and 12.116.130 of this chapter. c. Comprehensive signage programs per section 12.116.200 of this chapter. d. Special permits per section 12.116.210 of this chapter when referred by the planning director. e. Any other sign applications determined by the planning director to be appropriate for planning commission consideration.

2. Approval Of Sign Permit By Planning Director: The planning director shall consider and approve the following sign permits:
a. Signs for a single business or several businesses in a single building. b. Replacement of an existing sign with a new sign or new sign copy in an existing frame or signboard. c. Signs or sign changes that are consistent with a comprehensive sign program previously approved by the city.
d. Temporary real estate, construction, subdivision, special event or grand opening sign or a directional sign.
e. Other sign approvals not reserved for the planning commission. (Ord. 2010-64, 6-7-2010) B. Information Required: The application shall contain the following information:

1. The location and size of any existing or proposed buildings and structures on the site.

2. The location of off street parking and loading spaces, including major points of entry and exit for motor vehicles, where on site directional signs are proposed.

3. The location of the proposed sign and its relationship on the site.

EXHIBIT A
Packet Pg. 434 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

4. A scale drawing showing the size, height, dimensions and content of the proposed sign or sign structure and also indicating the colors and materials thereof.

5. The location and size of all other existing signs on the site.

6. If the sign is to be illuminated, the method, source and intensity of illumination.

7. Such other information as the planning director or the planning commission may require in order to determine whether the proposed sign will comply with the regulations and standards contained in this chapter. (Ord. 2000-03, 8-7-2000)

12.116.070 CRITERIA FOR REVIEW OF APPLICATION:

The following criteria shall be applied in reviewing applications for sign permits hereunder:

A. That the sign complies with the regulations of this chapter and the regulations of the district in which it will be located;
B. That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area; C. That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs; and
D. That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. (Ord. 2000-03, 8-7-2000)

12.116.080 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS:

No sign of any character shall be permitted in an A, R-1, or R-2 district except the following:

A. An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be freestanding.

B. A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a school or religious institution. Such bulletin board may be freestanding.

C. An identification sign, not exceeding sixteen (16) square feet in area, on the site of a multi-family dwelling.

Such sign may be freestanding.

D. A nameplate, not exceeding one square foot in area, pertaining to a home occupation.

E. A nonilluminated real estate sign, not exceeding six (6) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

F. A permanent sign, not exceeding twenty four (24) square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision.

G. Temporary subdivision signs, subject to the regulations prescribed in section 12.116.140 of this chapter.

H. Temporary construction signs, subject to the regulations prescribed in section 12.116.150 of this chapter.

I. Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

J. Open house signs, subject to the regulations prescribed in section 12.116.170 of this chapter.

K. Temporary political signs, subject to the regulations prescribed in section 12.116.180 of this chapter. (Ord. 2001-13, 11-19-2001)

12.116.090 SIGNS IN INDUSTRIAL DISTRICTS:

No sign of any character shall be permitted in an I district, except the following:

EXHIBIT A
Packet Pg. 435 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street subject to the additional limitations below. Buildings on corner lots may count the building frontage on the street upon which the building faces and the building frontage on one side street.

Maximum sign area of any signs on the principal frontage of the building and/or on a side street frontage shall not exceed one square foot of sign area per each linear foot of building frontage, or two hundred (200) square feet, whichever is less.

2. Any building, regardless of the length of frontage may have a sign of fifty (50) square feet in order to ensure effective identification.

3. Where more than one business occupies a building, the maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

4. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Identification Signs On The Site Of Public Building: An identification sign, not exceeding twenty four (24) square feet in area, on the site of a public building or grounds, a community facility, an institutional facility, or a religious institution. Such sign may be freestanding.

D. Multiple Buildings On A Single Site: Where multiple buildings are located upon a single site which is three (3) acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this section:

1. A freestanding site identification sign, not exceeding thirty (30) square feet in area and four feet (4’) in height.

2. An identification sign for each building on the site, indicating the location of a building and/or identifying the occupants or use thereof, each sign not exceeding six (6) square feet in area. The signs may be freestanding, but in such event shall not exceed five feet (5’) in height. The planning commission shall have authority to modify the regulations contained in this subsection with respect to the number, size, and height of identification signs, through the granting of a use permit pursuant to chapter 12.28 of this title.

E. Unlighted Real Estate Sign: An unlighted real estate sign, not exceeding twenty four (24) square feet in area.

The sign may be freestanding, but in such event shall not exceed eight feet (8’) in height, as measured from the top of the curb line, or the pavement surface where no curb exists, of the nearest street adjacent to the sign.

F. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

G. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

H. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

I. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 436 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

J. Off Site Directional Signs: Off site directional signs, subject to the regulations prescribed above. (Ord. 2010- 64, 6-7-2010)
K. On-Site Advertising Signs: On-site advertising signs, subject to the regulations in 12.116.125.

12.116.100 SIGNS IN NEIGHBORHOOD AND HIGHWAY COMMERCIAL DISTRICTS:

No sign of any character shall be permitted in an NC or HC district except the following:

A. Identification Signs: Identification signs that comply with any one of the following standards:

1. For corner lots, one-half (1/2) square foot of area for each foot of width of the front elevation of the building and side elevation of the street side of a corner lot; or

2. One-fourth (1/4) square foot of area for each foot of street frontage of the site; or

3. One-half (1/2) square foot of area for each foot of store frontage. The term "store frontage," as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area hereunder, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate area of all identification signs upon a site exceed forty (40) square feet for each use upon such site.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in the two (2) districts. Such sign may be freestanding but shall not be any taller than seven feet (7’) high, and shall be regulated by this subsection as to all other standards. (Ord. 2001- 13, 11-19-2001)
F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such event shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

EXHIBIT A
Packet Pg. 437 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2000-03, 8-7-2000)

12.116.110 SIGNS IN DOWNTOWN MIXED USE DISTRICT:

No sign of any character shall be permitted in the MU district except the following. In addition, such signs shall conform to standards in the Gonzales downtown revitalization plan.

A. Identification Signs Placed Upon Or Attached To Buildings: Identification signs that comply with any one of the following standards:

1. Allowed sign area shall be computed at one square foot of sign area for each linear foot of building frontage on a public street or alley subject to the additional limitations below. Buildings on corner lots or abutting a public alley may count the building frontage on the street upon which the building faces and the building frontage on one side street or upon the alley.

2. Maximum combined area of all signs on a building shall not exceed one hundred (100) square feet, regardless of the length of combined frontages.

Maximum sign area of all signs on the principal frontage of the building shall not exceed one square foot of sign area per each linear foot of building frontage, or fifty (50) square feet whichever is less. Any unused available sign area may be applied to the side street or alley frontage, or rear entry of the building subject to the limitations above.

3. Any building, regardless of the length of frontage may have a sign of twenty (20) square feet in order to ensure effective identification.

4. Where more than one tenant store or office occupies a building, maximum available sign area shall be distributed between the several tenants based upon their proportion of the building frontage, subject to the limitations on overall signage area stated above.

5. No sign placed upon any building frontage may exceed seventy five percent (75%) of the width of the elevation, nor be placed closer than two feet (2’) to the top of a parapet, or lowest portion of a roof structure.

B. On Site Directional Signs: On site directional signs, each not exceeding three (3) square feet in area and five feet (5’) in height. Such signs may be freestanding. If more than two (2) directional signs are proposed, the number and location of such signs shall be subject to approval by the planning director.

EXHIBIT A
Packet Pg. 438 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

C. Freestanding Identification Signs: A freestanding identification sign for a site containing five (5) or more separate uses, not exceeding forty (40) square feet in area. Such sign may be in addition to all other signs permitted under this section.

D. Bulletin Boards: A bulletin board, not exceeding twenty (20) square feet in area and ten feet (10’) in height, on the site of a religious institution. Such bulletin boards may be freestanding.

E. Identification Signs For Multi-Family Dwellings, Motels: An identification sign, not exceeding sixteen (16) square feet in area, under the following circumstances:

1. On the site of a multi-family dwelling, motel, or hotel, such sign may be freestanding. Signage for the uses referred to herein shall be regulated by this subsection and not subsection A of this section.

2. On the site of a building that is set back from the street and whose building frontage is so blocked by surrounding physical features as determined by the planning director that building signs would not be visible in the same manner as other buildings in this district. Such a sign may be freestanding but shall not be any taller than seven feet (7’) high and shall be regulated by this subsection as to all other standards.

F. Real Estate Signs: An unlighted real estate sign, not exceeding twenty four (24) square feet in area. The sign may be freestanding, but in such an event it shall not exceed four feet (4’) in height.

G. Temporary Construction Signs: Temporary construction signs, subject to the regulations prescribed in section

12.116.150 of this chapter.

H. Public Interest Signs: Public interest signs, subject to the regulations prescribed in section 12.116.160 of this chapter.

I. Temporary Political Signs: Temporary political signs, subject to the regulations prescribed in section

12.116.180 of this chapter.

J. Gasoline Price Signs: Gasoline price signs, subject to the regulations prescribed in section 12.116.190 of this chapter.

K. Special Event Signs: Special event signs, not exceeding ten (10) square feet in area, may be permitted, provided such signs are posted for not more than thirty (30) days prior to the event and are removed within two (2) days after such an event.

L. Temporary Grand Opening Signs, Banners: Temporary grand opening signs or banners, not exceeding twenty (20) square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed for more than thirty (30) days.

M. Temporary Signs Advertising Special Promotions: Temporary signs or banners advertising special promotions or sales may be permitted, subject to approval by the planning director, as follows:

1. Size: The maximum size of a temporary sign or banner is forty (40) square feet.

2. Location: Temporary signs or banners shall be affixed to a principal building and shall not project above the roofline of the building.

3. Duration: Temporary signs or banners may be displayed for a maximum of forty two (42) days within a six (6) month period.

4. Permit Required: An administrative permit (and accompanying fee) shall be required prior to the installation and/or display of a temporary sign or banner. (Ord. 2010-64, 6-7-2010)

12.116.120 FREESTANDING FREEWAY SIGNS:

Within any nonresidential district, the following freestanding freeway signs are permitted and associated standards shall apply:

EXHIBIT A
Packet Pg. 439 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

A. Single Use Signs: Single use signs that do not exceed seventy two (72) square feet in area and thirty five feet (35’) in height.

B. Shared Use Signs: Unless an off-site advertising sign subject to Section 12.116.125, and under lease agreement with the City of Gonzales, shared use signs that advertise more than one business and that are within one hundred feet (100’) of Highway 101 may have the following dimensions in order to be more visible from the freeway:

1. Height: Fifty feet (50’) for a sign of two (2) or more businesses.

2. Area: A maximum of seventy two (72) square feet per business. All businesses advertising on one sign, combined together, may have up to two hundred eighty (280) square feet of business message sign area. No more than six (6) businesses may advertise or be identified on a single sign. In addition, up to ninety (90) square feet of sign area may be allowed for a shopping center to identify the name of the center as a whole.

3. Eligibility: Such sign poles or pylons may only advertise businesses which are either freeway dependent such as restaurants and motels and that are on properties that are located within two hundred feet (200’) of Highway 101 right of way; or businesses which contain at least fifteen thousand (15,000) square feet under one roof and are located on properties zoned HC or I.

4. Location:
a. On Site Signs: One pole or pylon sign per two hundred (200) square feet of property frontage for a project or development that is located in an HC district, adjacent to Highway 101. b. Off Site Signs: Are not allowed except as outlined in Section 12.116.125 of this Chapter.

6. Use of existing off site pole or pylon shared use signs. A new pole or pylon sign shall only be approved when the planning director determines that no pole or pylon sign exists that could reasonably advertise the uses in that new project. The determination of reasonableness shall include the following factors:
a. No sign exists on the same side of Highway 101 and in the vicinity of the new project that could advertise all eligible uses within the new project in addition to the existing message(s) on the sign and still adhere to the provisions of this section; and
b. If a project or development has an off site pole or pylon sign, businesses within that project or development may only advertise on that off site sign.
c. The only existing sign or signs suffer from age and economic obsolescence so that the sign or signs do not offer an equal advertising opportunity for new sign messages.

7. All new pole or pylon signs approved pursuant to the provisions of this section shall provide for the identification of future eligible off site businesses unless it is determined by the planning director that:
a. There is no future need for pole or pylon signage in the vicinity; b. The capacity of the new sign for identification of future uses would be inadequate for any projected future off site businesses in the vicinity; or
c. Future businesses would not be compatible with the businesses to be advertised on the new sign.

8. The owner of new signs that provide for identification of future businesses shall covenant with the city to develop and to offer additional panels on the sign to other eligible businesses pursuant to this section, for the purpose of establishing a shared use sign. The owner of a new pole or pylon sign may charge a proportional share of the cost of installing and maintaining the sign to any business that subsequently shares the sign. (Ord. 2000-3, 8-7-2000)

EXHIBIT A
Packet Pg. 440 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

12.116.125 OFF-SITE ADVERTISING BILLBOARD SIGNS
A. Off-Site Advertising Billboard Signs are permitted in the Industrial District only in areas visible to Highway 101 travelers, and the following standards shall apply:

1. No new permitted off-site advertising sign may be less than 3,000 feet from an existing permitted off-site advertising sign.

2. New off-site advertising signs will only be allowed on property zoned industrial.

3. No new outdoor advertising structure shall be less than 500 feet from any existing church, park or school.

4. Only highway facing signs will be allowed.

5. Digital or static display is allowed.

6. Overall height from grade must be 70’or less.

7. Display sign area may be no more than 672 square feet, per face side.

8. Digital displays shall not rotate copy more frequently than every 6 seconds.

9. Sign structure and final architectural design must be approved by the City Planning Department, and consistent with the recommendations of a design review process.

10. Development agreement, lease agreement or other agreement with the City of Gonzales. a) The operations and City conditions for the use and utility of the advertising display shall be included as part of a development agreement, lease agreement or other agreement with the City of Gonzales, City Council.
b) The agreement must include revenue provisions to the City that allow the City to undertake projects, programs or other activities funded by the City.

12.116.130 OFF SITE DIRECTIONAL SIGNS:

A conditional use permit is required for all off-site directional signs. Such signs may not exceed seventy two (72) square feet in area or eight feet (8’) in height. Off-site directional signs shall be architecturally designed to complement the surroundings and reduce any potential negative visual impact that may result from erection of the sign to the greatest extent feasible. (Ord. 2000-03, 8-7-2000)

12.116.140 TEMPORARY SUBDIVISION SIGNS:

In an A, R-1 and R-2 district, temporary freestanding subdivision signs shall be permitted, provided they conform to the following regulations:

A. On Tract Signs: One sign, not exceeding twenty four (24) square feet in area, advertising a subdivision, may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision.

B. Model Home Signs: One sign, not exceeding six (6) square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision.

C. Off Tract Directional Signs: Not more than two (2) directional signs, each facing a different direction and each not exceeding eighteen inches by thirty inches (18" x 30") in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision.

EXHIBIT A
Packet Pg. 441 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

D. Issuance, Duration And Renewal Of Sign Permit: A sign permit for temporary subdivision signs may be issued at any time after recordation of the final subdivision map, and shall be for a term not exceeding one year. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one additional year may be approved by the planning director. (Ord. 2000-03, 8-7-2000)

12.116.150 TEMPORARY CONSTRUCTION SIGNS:

A temporary construction sign may be permitted in any district so long as it conforms to the following regulations:

A. The sign shall be located on the same site as the construction project. A freestanding sign may be permitted.

B. No more than one sign having an area not exceeding fifteen (15) square feet may be erected or displayed on the site. Where the development consists of a residential subdivision where a temporary construction sign is permitted, then no temporary construction sign shall be permitted.

C. The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question. The sign permit shall expire six (6) months following the date on which such permit was issued or upon the sooner completion of construction. The sign shall be removed on expiration of the permit unless prior to expiration the sign permit is renewed on approval of the planning director, which renewal shall in no event be for a period in excess of an additional six (6) months. The sign permit shall not thereafter be further renewed. (Ord. 2000-03, 8-7-2000)

12.116.160 PUBLIC INTEREST SIGNS:

A. Both on site and off site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi-public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the planning commission, are points of general public interest.

B. This section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the city, and the total area of the sign structure shall not exceed fifty (50) square feet. (Ord. 2000-03, 8-7-2000)

12.116.170 OPEN HOUSE SIGNS IN RESIDENTIAL DISTRICTS:

A. Restrictions: Unlighted open house signs are permitted in any zoning district, subject to the following restrictions:

1. There shall be no more than one open house sign oriented in the same direction at any intersection. (Ord. 2000-03, 8-7-2000)

2. The open house sign shall not exceed four (4) square feet of area and four feet (4’) in height, and shall be fixed to a single pole of wood or metal material, or shall be an "A" frame, freestanding sign. (Ord. 2001-13, 11- 19-2001)

3. No open house signs shall be located in medians.

4. No open house sign shall be placed upon any public property; provided however, where the public right of way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in section 12.116.030 of this chapter.

5. No open house sign shall include balloons, ribbons, streamers, or other accessories.

6. No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property.

7. Information shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address, and telephone number of the sign owner.

EXHIBIT A
Packet Pg. 442 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

8. Each real estate company shall apply and receive approval for an annual encroachment permit from the department of public works. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents, or affiliate members of the real estate company. (Ord. 2000-03, 8-7-2000)

9. The open house sign shall be removed each day after the closing of the open house for that day, and no later than six o’clock (6:00) P.M., November 1 through March 31; and eight o’clock (8:00) P.M., April 1 through October 31. Open house signs shall not be placed earlier than six o’clock (6:00) A.M. (Ord. 2001-13, 11-19-2001)

12.116.180 TEMPORARY POLITICAL SIGNS:

A. Sign Restrictions: A temporary political sign may be erected only in accordance with the following restrictions:

1. No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected.

2. No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is attached any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices.

3. No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure.

4. No temporary political sign may be erected within or upon the right of way of any public highway or public street. (Ord. 2000-03, 8-7-2000)

5. No temporary political sign may exceed an area of sixteen (16) square feet.

6. No temporary political sign may be erected having bracing or backing material thicker than three-fourths of an inch (3/4"), except for support for posts firmly planted in the ground. (Ord. 2005-38, 11-7-2005) B. Removal: A temporary political sign shall be completely removed not later than five (5) days after the date of the election to which it relates. (Ord. 2000-03, 8-7-2000)

12.116.190 GASOLINE PRICE SIGNS:

A single gasoline price sign, as required under California Business and Professions Code section 13531(a), shall be permitted on the site of a gasoline service station. Such sign may be freestanding, if necessary to comply with the requirements of said section 13531(a) concerning visibility from the street adjacent to the site. The gasoline price sign shall comply with the following requirements:

A. The sign shall advertise not more than the four (4) major grades of motor vehicle fuel offered for sale.

B. The numerals designating the price of motor fuel shall not exceed six inches (6") in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches (2") in height, unless otherwise approved by the planning commission.

C. The area of the sign shall not exceed ten (10) square feet unless the applicant demonstrates, to the satisfaction of the planning commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of California Business and Professions Code section 13532. (Ord. 2000-03, 8-7-2000)

12.116.200 COMPREHENSIVE SIGNAGE PROGRAM:

A. Submittal Of Program: A comprehensive signage program shall be prepared and submitted in conjunction with each use permit or site plan application for a shopping center, business park, or other similar collection of related structures on a single site. The program submitted shall address all signs to be used, including, but not

EXHIBIT A
Packet Pg. 443 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

limited to, signs identified in sections 12.116.090 and 12.116.100 of this chapter. The comprehensive signage program shall conform to all provisions of this section. For all signs, the size, placements, materials, colors, illumination, and other design characteristics not specified in this section shall be determined at time of approval of the comprehensive signage program by the planning director. The comprehensive signage program shall contain the following:

1. A site plan and building elevations identifying the location of all signs.

2. Design drawings for each sign or type of sign, specifying the dimensions, materials, type of construction, illumination, size of sign copy, and details necessary to determine the appropriateness of the signage.

B. Conformance Required: Once a comprehensive signage program is approved, all signs in that center, complex, or project shall conform to the program.

C. Waiver Of Limitations: Specific dimensional limitations specified in this chapter may be waived upon determination by the planning director that the submitted sign(s) meet the intent of the standards and guidelines and result in both a functionally and aesthetically superior design. (Ord. 2000-03, 8-7-2000)

12.116.210 SPECIAL PERMITS:

Nothing contained in this chapter shall prohibit the planning commission or planning director from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. (Ord. 2001-13, 11-19-2001)

12.116.220 NONCONFORMING SIGNS:

A. Intent: The intent of this section is to regulate the use and removal of nonconforming, unlawful, and abandoned signs.

B. Modifications: The following modifications to nonconforming signs are allowed:

1. Changes in sign copy.

2. Modifications that reduce the extent to which the sign does not comply with this chapter.

3. No modification of a nonconforming sign shall have any effect on the length of the amortization period for the sign.

C. Record Of Nonconforming Signs: The planning director shall prepare a list of all signs in the city, which are nonconforming signs.

D. Mailing Of Notices: The planning director shall mail a notice by certified return receipt mail to the occupant business, if known, and to the owner (as shown on the last equalized assessment roll) of the land where each nonconforming sign is located. The notice shall contain:

1. A description of the land where the sign is located and a description of the sign, both in terms reasonably sufficient for the owner to identify the sign.

2. A statement that the sign is a nonconforming sign.

3. The applicable date for removal of the sign under the provisions of subsection F of this section.

Information concerning more than one sign, and information concerning separate amortization dates for different characteristics of one or more single signs, separately stated, may be included in a single notice. If the planning director subsequently learns that for any reason notice has not been given in a timely manner, or that notice given is defective in any way, the planning director shall promptly mail a proper notice to the occupant and owner, even if the regular time for notification has expired. Notice mailed after the time required by this subsection meets the requirements of subsection E of this section and is effective to start the time period provided in subsection F of this section.

EXHIBIT A
Packet Pg. 444 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Gonzales City Code
CHAPTER 12.116 SIGNS

E. Effect Of Mailing Of Notices: Notice mailed as provided in subsection D of this section is deemed to be notice to the owners of nonconforming signs and to all persons having any right, title, or interest therein. The mailing of notices is intended as a convenience to sign owners. However, no failure to give notice shall invalidate any proceeding to enforce this chapter, to abate any sign, or to punish any sign violation.

F. Duration Of Nonconforming Signs: A sign that becomes nonconforming shall be a nonconforming sign for five (5) years and then must be removed. Billboards that become nonconforming shall be nonconforming for fifteen (15) years and then must be removed. Off Site Advertising Billboard Signs subject to an adopted lease agreement with the City, shall be governed by the provisions for removal and non-conformity contained therein.

G. Procedures Concerning Subsequent Nonconforming Signs: Within six (6) months of the date when a sign becomes a nonconforming sign, the planning director shall add the sign to the list of nonconforming signs and mail notices in the manner specified in subsection D of this section and such notices shall have the same effect as the notices provided for other nonconforming signs.

H. Removal Of Unlawful Signs: Any sign erected or maintained contrary to the provisions of this chapter or any other ordinance of the city, including unlawfully erected signs, and formerly nonconforming signs whose nonconforming status has terminated, is in its entirety an unlawful sign and shall be removed.

I. Abandoned Signs: The owner must have all copy removed from an abandoned sign and the sign shall remain blank until a new entity has occupied the premises. Further, if any sign has been abandoned for a period of one year, the owner shall remove the sign and any appurtenant structures.

J. Maintenance: All signs shall be maintained and kept in repair and shall be painted and repainted at reasonable intervals. If the owner fails to comply, after ten (10) days’ written notice by the planning director, or duly appointed deputy, to so maintain such signs, the planning director shall have the sign removed at the owner’s expense. (Ord. 2000-03, 8-7-2000)

12.116.230 VIOLATIONS; REMOVAL OF ILLEGAL SIGNS:

A. Each Sign A Separate Violation: Each sign found to be in violation of any provision of this chapter shall constitute a separate violation of this code.

B. Sign Removal Authorized: The planning director or his/her representative may remove any sign located upon or affixed to any public property in violation of the provisions of this chapter.

C. Notice To Owner: The planning director shall promptly thereafter give notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner.

D. Retrieving Sign; Payment Of Fees; Request Hearing: Any unlawful sign removed by the planning director pursuant to this chapter shall be retained by him/her for a period of at least ten (10) days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of fifty dollars ($50.00), whichever is greater. Any person desiring to contest such payment may request a hearing before the city manager, who is authorized to waive the payment if he/she determines that the sign did not violate any provisions of this chapter. The decision of the city manager shall be final.

E. Destruction Of Abandoned Sign: Any sign not retrieved within the ten (10) day period specified in subsection D of this section shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the planning director. The city shall have the right to recover from the owner of such sign all removal and destruction costs.

F. Enforcement: The enforcement of sign regulations pursuant to this chapter shall be in addition to any other rights and remedies available to the city under chapter 5.20, "Public Nuisances", of this code by reason of the same violation. (Ord. 2001-13, 11-19-2001)

EXHIBIT A
Packet Pg. 445 Attachment: Ordinance No. 2024-143 w/ Exhibit A (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) Packet Pg. 446 Attachment: Proof of Publication (2966 : Ordinance No. 2024-143 Amending Chapter 12.116 Signs - First Reading) City of Gonzales

CITY ATTORNEY

STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: May 6, 2024
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, City Manager
SUBJECT: Introduce and Waive Reading, with Reading by Title Only of Ordinance No. 2024-144 Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code

RECOMMENDATION
Introduce and waive reading, with reading by title only of Ordinance No. 2024-144, An Ordinance of the City Council of the City of Gonzales Amending Chapter 5.40 “Fireworks” of Title 5-Public Health and Safety, of the Gonzales City Code.

BACKGROUND
The City’s existing fireworks code provisions, found at Chapter 5.40, Title 5-Public Health and Safety of the City Code, are fairly minimal. They focus primarily on the permitting and sale of legal fireworks (safe and sane) and not on use prohibitions.

Enforcement of municipal code provisions concerning fireworks remains difficult throughout the State because officers are rarely able to catch individuals in the act of using illegal fireworks, or conversely, so many individuals are using illegal fireworks at any given time that selection for citation issuance is completely overwhelming, arguably arbitrary, and as a practical matter, ineffective. Additionally, it is clear that the City’s residents associate the celebration of the Independence Day holiday with firework displays and use, with a significant number of individuals willing to break local and state laws as a means of carrying out what appears to be a time honored and well-loved tradition.

Despite the best efforts of the police department, including the issuance of citations and the confiscation of illegal fireworks, the use of illegal fireworks in the City remains largely unabated. Last year illegal fireworks were in use and on display everywhere in the City well past 12:00 a.m., animals were frightened by bright lights and loud noises, and debris associated with firework use was disseminated AGENDA
ITEM
14 Packet Pg. 447
throughout the City. More importantly, the City had a house fire and fatality that may have been the result of the use of fireworks. (The City had a similar house fire without injury the year before.) Earlier this year the City Council formed a Fireworks Committee comprised of five citizens to discuss and make recommendations on a plan to address illegal fireworks in the City. The Committee met twice, on March 12 and April 2, and made a number of recommendations including:

1. Update the City Code to include language that:
• Establishes a 10:30pm curfew on fireworks;
• Adds provisions potentially holding a landlord responsible for violation of fireworks sections of the City Code; and
• Consider establishing an administrative procedure for citation purposes that would allow enhanced fines.

2. Establish a messaging campaign from the Fire Department, the Police Department and youth on problems associated with legal and illegal fireworks use and the effects on animals and veterans.

REVIEW & ANALYSIS
As the Fireworks Committee has discussed, there are a number of regulatory options available for controlling the use of fireworks in the City. However, the success of such options must be tempered by the reality that the City’s ability to control firework possession and use is constrained by the limited number of enforcement officers at the City’s disposal when compared to the number of individuals willing to violate the fireworks laws. Simply stated, if there is a continued willingness by a majority of the City’s citizens to break the laws concerning fireworks use, the City lacks a sufficient number of officers to issue citations or otherwise control illegal firework activity. Moreover, potential expenses associated with prosecuting Code violations may be cost prohibitive.

Available options are as follows:

1. Ban the sale and use of all fireworks, including safe-and-sane fireworks, in the City. The advantage of this option is it would be easier to identify illegal conduct in the City around the time of and up to Independence Day. Officers would be able to issue citations for the possession and/or use of any fireworks. The downside is the sale of safe-and-sane fireworks is a key component of the fundraising activities of a number of organizations in the City. Additionally, safe-and-sane fireworks would continue to be available for purchase in neighboring cities. The Committee did not recommend this option.

2. Modify the current Code. Most regulatory efforts focus on time and place restrictions on the use of fireworks and the imposition of appropriate penalties for Code violations. In order to address the growing problem of fireworks misuse, a city can add provisions specifying the time period in which safe-and-sane fireworks can be sold and used in the City (limited by date and time, i.e., a curfew), allowing the City to recover for “response costs” as defined in the Code when police and/or public safety employees are required to respond to a call concerning the possession, storage or discharge of fireworks, and specific fines to allow enforcement of code provisions via infraction citations (within the limits allowed by law).

As a matter of practice, the Council has avoided misdemeanor citations, which entitle a party to a jury trial, on the grounds that such enforcement efforts are cost prohibitive.

While such changes may be helpful, the City’s inability to effectively enforce its Code, due to staff, time, and cost restraints, will continue to be a significant impediment to controlling firework use. The City doesn’t have any realistic means by which to increase the number of enforcement officers out on the streets on and around Independence Day, and as such, only a small fraction of violators can be cited. The Police Department may be able to use drones to capture violations, but such use has been met with mixed results in the courts. Notwithstanding, drones will assist the City in identifying locations at which Packet Pg. 448
fireworks are being used so officers can be dispatched to given locations and will also provide assistance in identifying and responding to fires in the City and coordinating suppression efforts.

Some cities have also adopted fees imposed on non-profits that sell fireworks in the City to help offset administrative costs and the costs of enforcement and fire prevention. The City of Gilroy has successfully established and collected such fees, and the City could follow the Gilroy model. Fees of this type could be used to pay for new enforcement efforts and programs.

Finally, the City may impose “host liability” fines on homeowners for fireworks violations. Suggested new Code provisions would be similar to those currently in place in City Code Chapter 5.68 for Social Host Accountability for alcohol, whereby home and property owners would be subject to fines for Code violations and held liable for the City’s response costs in providing police, fire and medical responses to incidents involving the illegal use of fireworks. Under this enforcement scheme, the emphasis is on property owners as opposed to individual violators as the point of control of illegal fireworks use.

Provisions of this type are in place in a few cities, like Gilroy and San Diego. As of the current date, Staff is unaware of how successful these provisions have been.

The Committee recommended the addition of new provisions clearly identifying legal and illegal fireworks, declaring illegal fireworks use a public nuisance, and allowing for cost recovery from property owners for responses related to illegal fireworks use. Staff concurs with this recommendation and proposed Code amendments are set forth in the ordinance attached to this Staff report.

3. Comprehensive administrative enforcement scheme. The City could commence the process for establishing a comprehensive administrative enforcement scheme for fireworks. Provisions of the Health and Safety and Government Codes allow cities to set up an administrative enforcement process to encourage and obtain compliance with fireworks restrictions. Such programs address the imposition, enforcement, collection, and administrative review of all fines related to the possession, use, storage, sale and/or display of fireworks classified as “dangerous fireworks” in the Health and Safety Code. They also allow for controls on the use of safe-and-sane fireworks. Citations would be processed on an administrative basis by a local hearing officer, with appeal rights to the City Council, the imposition of fines in excess of those authorized for infractions, and the imposition of administrative fees necessary to contract with the State for the safe handling and disposal of confiscated fireworks. For example, the “Model Administrative Fine Ordinance” for firework violations prepared by the State establishes administrative fines at $1,000 for the first offense, $2,000 for the second offense, and $3,000 for the third offense. Penalties are also allowed for late payment of these fines. A portion of all fines goes to the State for costs associated with handling and disposing of illegal fireworks.

Prior to implementation of an administrative enforcement scheme, Staff would want to explore the success rate of such programs. Moreover, the City currently does not have a process in place to handle a large number of administrative hearings and/or appeals, and as such, would need some time to develop appropriate administrative procedures and related staffing. Due consideration would have to be given as to whether the City Council’s current agendas could reasonably handle citation appeals or whether special meetings would be necessary for such hearings. The Committee recommended consideration of the establishment of an administrative enforcement process. Staff believes that further analysis of the cost of implementation of such a scheme, as well as the effectiveness of such procedures, should be explored before considering establishing an administrative enforcement process in the City Code. Staff is looking for Council direction on this issue.

4. Education. The Committee has identified an educational campaign as a possible way of gaining compliance with fireworks prohibitions. Chief Wise notes that the City has distributed flyers and posted videos on illegal firework use for years with negligible impact. That being said, there may be some value in stepping up the City’s efforts on a variety of social media platforms to warn the public of the dangers of illegal fireworks and potential penalties for violation of City provisions. Positive messages, such as alternatives to fireworks use and places where people can go to enjoy holiday activities and fireworks Packet Pg. 449
displays are also suggested. It is worth noting that educational efforts do not require Council approval or formal adoption and can be commenced immediately. The Committee recommended an educational outreach be initiated and staff concurs.

Staff has prepared an ordinance to amend the City Code based on the recommendations set forth above.

If the Council desires, Ordinance No. 2024-144 may be introduced and read by title only this evening.

How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.

Explain: Adoption of new Code provisions regulating the use of fireworks in the City will help maintain public safety.

Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ___No N/A
Explain: See above.

City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. Yes __ No X N/A

Explain: See above.

Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes ____ No N/A
• Housing Yes ____ No X N/A
• Recreation Yes ____ No X N/A
• Environment Yes ____ No X N/A
• Education Yes ____ No X N/A
Explain: N/A.

ALTERNATIVES
• Consider introduction and waiver of reading of Ordinance No. 2024-144 which implements many of the recommendations made by the City’s Fireworks Committee. • Provide staff with direction on the preparation of a modified form of Ordinance No. 2024-144 either adding new provisions or striking some of the proposed additions. Note that delays in adoption of Code changes will in all likelihood result in approved changes that will not be enforceable during the Independence Day holiday in 2024. • Take no action at this time and provide staff with direction.

Packet Pg. 450

BUDGET IMPACT
N/A.

CONCLUSION
Based on ongoing concerns about the effects of illegal fireworks in the City, it is recommended that the Council introduce and waive reading, with reading by title only of Ordinance No. 2024-144, An Ordinance of the City Council of the City of Gonzales Amending Chapter 5.40 “Fireworks” of Title 5- Public Health and Safety, of the Gonzales City Code.

Attachments:

1. Ordinance No. 2024-144

2. City Code - Fireworks
Packet Pg. 451

ORDINANCE NO. 2024-144

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GONZALES AMENDING CHAPTER 5.40-FIREWORKS OF TITLE 5-PUBLIC HEALTH AND

SAFETY OF THE GONZALES CITY CODE
WHEREAS, the citizens of the City of Gonzales continue to be concerned about the adverse impacts associated with the use of illegal fireworks in the City; and WHEREAS, every year, on and around the Independence Day celebration, illegal fireworks are used throughout the City at all times of the day and evening; and WHEREAS, the use of illegal fireworks disturbs regular activities, such as sleep, frightens animals, causes distress to those suffering from post-traumatic stress disorder, results in the disbursement of debris associated with firework use, and most importantly, causes and creates the potential for fires, damages and threats to life within the City; and WHEREAS, in 2024, based on two consecutive years in which local house fires were either attributed to or suspected of being caused by illegal fireworks, the City Council formed a Fireworks Subcommittee to make recommendations on measures to address illegal fireworks use; and
WHEREAS, based on the Fireworks Committee’s recommendations and input from the City Council and Staff, the City is now proposing to amend the City Code to address illegal fireworks use.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GONZALES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Findings. All of the recitals set forth above are true and correct and by this reference are adopted as findings of the City Council as though set forth in full within the body of this ordinance.

Section 2. Amendment of Chapter 5.40 of the Gonzales City Code. Chapter 5.40-Fireworks of Title 5-Public Health and Safety of the Gonzales City Code, is hereby amended in the manner set forth in Attachment 1 to this Ordinance.

Section 3. Severability. Every section, paragraph, clause, and phrase of this Ordinance is hereby declared severable. If, for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining section, paragraphs, clauses, or phrases.

Section 4. CEQA. Approval of the code amendment herein is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for Packet Pg. 452 Attachment: Ordinance No. 2024-144 (2976 : Ordinance No. 2024-144 (Introduction) Amending Chapter 5 Fireworks)

causing a significant effect on the environment. As a series of text amendments regarding restrictions on the use of fireworks and penalties it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 36933.

This Ordinance was introduced and first read by the City Council of the City of Gonzales at a regular meeting on the 6
th of May, 2024 and passed and adopted by the City Council of the City of Gonzales at a regular meeting on _____________by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Jose L. Rios, The Honorable Mayor
ATTEST:

Mary Villegas, Deputy City Clerk
Packet Pg. 453 Attachment: Ordinance No. 2024-144 (2976 : Ordinance No. 2024-144 (Introduction) Amending Chapter 5 Fireworks) Attachment 1
CHAPTER 5.40

FIREWORKS
SECTION:

5.40.010 Sales Permit; Temporary Stands

5.40.020 Restrictions On Sale

5.40.030 Fire Extinguisher Required

5.40.040 Dates For Selling

5.40.050 Fireworks- Restrictions on Use

5.40.060 Public Nuisance

5.40.070 Response and Administrative Costs

5.40.080 Violations and Penalty

5.40.090 Remedies Nonexclusive

5.40.010 SALES PERMIT; TEMPORARY STANDS:

A. Council Authority: The city council shall have the authority by resolution or minute order to grant annual permits for the sale of fireworks designated by the California State Fire Marshal to be of the Safe and Sane type and approved for sale in the state of California from a temporary stand upon written application therefor, to any charitable, civic, or patriotic group or organization.

B. Conditions Of Application And Permit; Fee:

1. Such application shall specifically identify the contemplated location of the proposed stand.

2. Any permit issued by the council may contain reasonable conditions and use restrictions. All persons selling or offering to sell fireworks from any such stand shall abide by the conditions and restrictions imposed by the city council in granting the permit, and shall take all necessary precautions to prevent fire and/or any other potential harm or danger to the general public associated with fireworks from occurring. (1972 Code § 9.16.030)
Packet Pg. 454 Attachment: City Code - Fireworks (2976 : Ordinance No. 2024-144 (Introduction) Amending Chapter 5 Fireworks)

3. No person shall light or cause to be lightedlit any fireworks or other combustible article within the confines of any such stand or within one hundred feet (100’) thereof. (1972 Code § 9.16.030; amd. 2003 Code)

4. Each application for any such permit shall be accompanied by a filing fee made payable to the city in the amount as established by a resolution of the city council. (1972 Code § 9.16.030)

5.40.020 RESTRICTIONS ON SALE:

No person shall sell or offer for sale any fireworks within the city, except in a temporary stand or structure used for display and sale of fireworks operated and maintained by a recognized charitable, civic, or patriotic group or organization with the permit of the city. (1972 Code § 9.16.010; amd. 2003 Code)

5.40.030 FIRE EXTINGUISHER REQUIRED:

There shall be maintained in each temporary stand within which fireworks are sold or offered for sale a fire extinguisher at least rated 10A with current inspection tag. (1972 Code § 9.16.040; amd. 2003 Code)

5.40.040 DATES FOR SELLING:

No fireworks shall be sold or offered for sale within the city except during the period of twelve o’clock (12:00) noon on June 28 through eight o’clock (08:00) pm on July 4, of the same calendar year. Notwithstanding, the city council shall retain the discretion to allow for the sale of fireworks within the city on additional dates when such sales are an appropriate part of a local, state or national event, when the state fire marshal has authorized the sale of such fireworks, and when the city’s fire marshal has determined that such sales do not pose a threat to the health, safety and welfare of the citizens of Gonzales when performed in accordance with the provisions of this chapter. (1972 Code § 9.16.050)

5.40.050 FIREWORKS-RESTRICTIONS ON USE
A. Fireworks in General- Except as provided in this Chapter, it shall be unlawful for any person, corporation, or entity to possess, store, offer for sale, sell at retail or wholesale, use, discharge, explode or permit the use of property or property under their control any fireworks except “safe and sane fireworks” as defined herein. All fireworks other than safe and sane fireworks shall be considered illegal fireworks.

B. Restrictions on the Use of “Safe and Sane” Fireworks”- Safe and Sane fireworks may be discharged within the City limits only on July 4th each year between the hours of 11:00 am and 10:30 pm. Safe and sane fireworks must be discharged in areas free of dry vegetation or other combustible materials and at least fifteen (15) feet from any structure. Smoldering remnants of fireworks must be soaked in water before being placed in trash collection containers.

C. Public Displays. The fire chief shall have the authority to grant permits for those activities enumerated in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency.

5.40.060 PUBLIC NUISANCE
Packet Pg. 455 Attachment: City Code - Fireworks (2976 : Ordinance No. 2024-144 (Introduction) Amending Chapter 5 Fireworks) It is hereby declared to be a public nuisance for any person to discharge or provide to others for discharge, illegal fireworks within the City of Gonzales.

5.40.070 RESPONSE AND ADMINISTRATIVE COSTS
A. A person who has violated the provisions of this chapter may be liable for response and administrative costs incurred in responding to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks.

B. If a person who has violated the provisions of this chapter is a minor, the responsible guardian(s) of the minor and the minor shall be jointly and severally liable for the response/administrative costs incurred pursuant to this chapter.

C. To incur liability for response/administrative costs imposed by this chapter, a person who violates the chapter need not be present at the events that causes the response giving rise to the imposition of response/administrative costs.

D. Response/administrative costs imposed by this chapter are in addition to any other costs that may be recovered under the code.

E. For purposes of this chapter, the term “response costs” shall mean those reasonable and necessary costs directly or indirectly incurred by the city for a response to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks, including but not limited to responding to fires. Response costs shall include the cost of providing police, fire and/or emergency response services, including but not limited to salaries and benefits for the full amount of time spent responding to, remaining at, or otherwise dealing with circumstances attendant to a violation of this chapter, cost of any medical treatment to or from fire, law enforcement, or emergency personnel injured while responding to, remaining at, leaving or otherwise associated with a violation of this chapter, and cost to repair any city equipment or property damaged and the cost of use of such equipment in responding to, remaining at, leaving or otherwise associated with a violation of this chapter.

F. The city’s response costs shall be deemed a debt owed to the city and may be recovered by the city in a civil action. The city may also recover any attorney fees and costs incurred in the action if the city brings a civil action and prevails.

G. The city may impose a lien on property involved in a violation of this chapter in accordance with applicable law to collect any unpaid response costs assessed in accord with this chapter.

5.40.080 VIOLATION AND PENALTY
Violation of the provisions of this chapter shall be an infraction subject to the fines set forth in Chapter 1.16 of this Code.

5.40.090 REMEDIES NONEXCLUSIVE
Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, county, state, or federal law enforcement for violations of this chapter.

Packet Pg. 456 Attachment: City Code - Fireworks (2976 : Ordinance No. 2024-144 (Introduction) Amending Chapter 5 Fireworks)