HomeMy WebLinkAbout01/22/2002, PH-1 - ORDINANCE AMENDING THE CITY'S ELECTION CAMPAIGN REGULATIONS council M °�Di zz-o2
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CITY OF SAN LIS OBISPO
FROM: Jeff Jorgensen ity A ey
Lee Price, City Cler
Sandi Sigurdson, Chair of the Election Campaign Regulations
Committee
SUBJECT: ORDINANCE AMENDING THE CITY'S ELECTION CAMPAIGN
REGULATIONS
CAO RECOMMENDATIONS:
As recommended by the Election Campaign Regulations Committee,introduce an ordinance
amending Municipal Code Chapter 2.40, as it relates to election campaign regulations, and
amending Chapter 15.40 as it relates to political campaign signs.
DISCUSSION
The City's election campaign regulations, originally adopted in 1974, are codified in the
Municipal Code as Chapter 2.40. The original intent of the ordinance was, among other things,
to place realistic and enforceable limits on campaign contributions and expenditures,to insure
fairness and full disclosure, and to provide an opportunity for all citizens to become candidates
for public office unhindered by the need to meet exorbitant campaign costs. Periodic review of
the regulations is necessary to ensure that they are consistent with the intent and with State and .
Federal Law. The regulations have been modified over the years,however the purpose and many
of the provisions, including the $100 contribution limit,remain the same.
Section 2.40.150 of the chapter requires that the Council appoint a citizen committee to study the
efficacy of the regulations every four years,prior to the chapter's expiration. On October 2, 2001,
the Council made appointments to the Election Campaign Regulations Review Committee. The
Committee members are Sandi Sigurdson, Chair, Chuck Stevenson, Vice Chair, Trish Avery,
Amy Shore and John Spatafore. They met three times and reviewed the current ordinance in
detail, studied election campaign regulations from other cities, and held in-depth discussions
regarding contribution limits, disclosure limits, the aggregation of contributions and, in addition,
regulations relevant to political campaign signs. Minutes of the meetings are attached as
Attachment#1.
Overall, the Committee concluded that the City's election campaign regulations are well written
and continue to meet the desired goals of the City. In particular, the Committee extensively
considered and discussed campaign contributions and disclosure limits, and determined that they
are still appropriate. The Committee is,however, recommending some modifications to the
regulations and those revisions are outlined in the legislative draft attached as Attachment#3. A
summary of the revisions is as follows:
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Council Agenda Report—Ordinance Amending Election Campaign
Page 2
1. Minor amendments are recommended to ensure consistency with State Law, as they
relate to campaign treasurers, forms, filing officers and disclosure reporting information.
2. The most significant recommendation is to move the regulation of campaign signs from
the sign ordinance to the election campaign regulations. The reason for this
recommendation is that a"recent federal court decision struck down an entire sign
ordinance because it had specific exemptions for"political'signs,which the court found
to be an unconstitutional content-based regulation. Desert Outdoor Advertising, Inc. v.
City of Moreno Valley, 103 F.3s 814 (9t' Cir. 1996). Under the circumstances, in order
to protect the sign ordinance,it would seem prudent to regulate campaign signs as a
separate and severable provision of the election campaign regulations.
The courts have also struck down time limits relating to how far in advance of an election
political signs may be posted,where such signage would be effectively banned other
times of the year. City of Antioch v. Candidates' Outdoor Graphic Service, 557 F.Supp.
52 (N.D. Cal. 1982) (60 day limit invalidated). On the other hand,a requirement that
such signs be summarily removed 10 days after an election has survived challenge.
Baldwin v. Redwood City, 540 F.2d 1374 (9`h Cir. 1976)., cert denied. Because of these
decisions, it is recommended that the current requirement that signs not be posted sooner
than thirty days prior to an election should be deleted and a new requirement should be
added that campaign signs must be removed no later than ten days after the election.
FISCAL IMPACT
There is no significant financial impact. Costs to codify the amendments to the Municipal Code
are anticipated in the City Clerk Records/Administration budget.
ALTERNATIVES
Council can accept, deny or modify as appropriate the Committee's recommendations, however
it is essential to re-adopt the chapter because the current provisions will expire on June 30`x.
ATTACHMENTS
#1 Minutes of Committee Meetings: l l/l/01, 11/16/01 and 12/14/01
#2 Draft Ordinance
93 Legislative Draft of Chapter 2.40
#4 Legislative Draft of Chapter 15.40 (Sign Ordinance)
ELECTION CAMPAIGN REGULATIONS COMMITTEE
MINUTES
THURSDAY, NOVEMBER 1, 2001 - NOON
COUNCIL HEARING ROOM
990 PALM STREET - SAN LUIS OBISPO
1. CALL TO ORDER: 12:15 p.m.
2. ROLL CALL AND INTRODUCTIONS
Present: Trish Avery, John Spatafore, Chuck Stevenson, Sandi Sigurdson,
Amy Shore
Staff. Lee Price, Jeff Jorgensen, Diane Reynolds
2. OATH OF OFFICE
City Clerk Price administered the Oath of Office to all Committee members.
3. APPOINTMENT OF CHAIR AND VICE CHAIR .
Moved by Stevenson/Spatafore to appoint SandiSigurdson.as Committee Chair;
unanimous. Moved by Spatafore/Sigurdson to appoint Chuck Stevenson as Committee
Vice Chair, unanimous.
4. DISCUSSION OF ELECTION CAMPAIGN REGULATIONS ORDINANCE
City Clerk Price provided agenda packets to the Committee. She reviewed the
Committee's.process and timeline for providing recommendations to the Council for
amendments to the ordinance.
City Clerk Price reviewed the recommended changes highlighted in the Election
Campaign Regulations Legislative Draft, stating that the edits bring the ordinance into
conformance with changes in State regulations, and provide additional clarity and
consistency.
City Attorney Jorgensen summarized the history of the,ordinance and the background
about former committee reviews.
After discussion, the Committee made the following requests:
0 City Clerk:to bring an Election Handbook (binder) and a 2002 Election
Calendar to the next meeting.
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City Attorney to research and bring back information about political campaign
signs regulations.
Committee members will contact citizens in the community who have
experience with the municipal elections process for their input on the
ordinance.
City Clerk to provide information on previous candidates' costs for running for
office.
The Committee will continue discussions at the next meeting on the following issues:
• Adjusting contribution limits
• Adjusting disclosure limits
• Enforcement and penalties
Signage
• Aggregate contributions
. Clean up unclear ordinance language
5. PUBLIC COMMENT
Marc Brazil, SLO, expressed his concern that any amendments to the ordinance address
consistency in enforcement and penalties. He also stated that the ordinance should read
clearly on the issue of business and aggregate contributions.
6. NEXT MEETING: Friday, November 16, 2001, Noon.
7. ADJOURNED: 1:30 p.m.
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Election Campaign Regulations Committee
Minutes—November 1,2001
ATTACHMENT 1
Page 1 of 4
ELECTION CAMPAIGN REGULATIONS COMMITTEE
MINUTES
FRIDAY, NOVEMBER 16, 2001 NOON
COUNCIL HEARING ROOM
990 PALM STREET -SAN LUIS OBISPO
1. CALL TO ORDER: 12:15 p.m.
2. ROLL CALL:
Present: Trish Avery, John Spatafore, Chuck Stevenson, Sandi Sigurdson,
Amy Shore
Staff: Lee Price, Jeff Jorgensen, Diane Reynolds
City Clerk Price provided additional agenda materials to Committee Members: Revised
Summary of Campaigns, Tentative Election Calendar for 2002 and the updated
Committee roster.
3. MINUTES:
Action: Moved by Stevenson/Avery to approve the Minutes for Thursday,
November 1, 2001; motion carried 5:0.
4. City Attorney Jorgensen responded to Committee Member's questions regarding his
memo that addressed the issues of Contribution limits, Disclosure limits, Signs,
Aggregation of contributions.
5. City Clerk Price reviewed the Summary of Campaigns and requested that Ken
Schwartz's name be struck from the 1998 list as he was appointed, not elected.
6. Contribution Limits: The Committee discussed the cost to run a campaign and the
importance of candidate name recognition in an election.
Action: The Committee agreed to not make any changes to the contribution limits
set forth in the ordinance with the exception of adding the language "name, .
address, occupation and name of employer" under Section 2.40.050. C. 4.
Disclosure Limits: The Committee discussed a suggestion to raise the disclosure limit
to $35.
Public Comment: Marc Brazil spoke in opposition to raising the limit because he
believes it would potentially lead to less public disclosure of the names of contributors.
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He urged the Committee to maintain the current limit of$25.
Signs: The Committee discussed the pros and cons of removing the 30-day sign posting
limit wording stated in Sign Regulations Municipal Code Section 15.40.280 and adding a
time limit for removing the campaign signs. Vice Chair Stevenson argued against
eliminating the requirement that signs cannot be posted sooner than 30 days before the
election. Other committee members felt that because name recognition appears to be
important to small, local "grass roots" campaigns, candidates would be better served by
removing the restriction.
Action: Moved by Spatafore/Avery to eliminate the 30 day limitation from this
section and add language requiring that campaign signs be removed within 10
days following the election; motion carred 4:1 (Stevenson).
Action: The Committee agreed to recommend that Section 2.40.050 regarding
political campaign'signs will be removed from the City's Sign Ordinance and
included in the revised Election Campaign Regulations Ordinance.
City Clerk Price will look into adding language encouraging the voluntary use of recycled
materials in campaigns to the Election Handbook. She will enlist the help of Solid Waste
Coordinator Munds in developing appropriate language.
Aggregation of Contributions: The Committee requested that City Clerk Price in
consultation with City Attorney Jorgensen add examples of aggregations of contributions
to the Election Handbook.
5. PUBLIC COMMENT: None.
6. NEXT MEETING: Friday, December 7, 2001 at Noon.
7. ADJOURNED: 1:25 p.m.
Page 2
Election Campaign Regulations Committee
Minutes—November 16,2001
ATTACHMENT 1
Page 3 of 4
ELECTION CAMPAIGN REGULATIONS COMMITTEE
MINUTES
FRIDAY, DECEMBER 14, 2001 - NOON
COUNCIL HEARING ROOM
990 PALM STREET -SAN LUIS OBISPO
1. CALL TO ORDER: 12:25 p.m.
2. ROLL CALL:
Present: Trish Avery, John Spatafore, Chuck Stevenson, Sandi Sigurdson,
Amy Shore
Staff: Lee Price, Jeff Jorgensen, Sherry Stendahl
3. MINUTES:
Action: Moved by Avery/Spatafore to approve the Minutes for Friday, November
16, 2001. Motion carried 5`0.
4. DISCUSSION OF IN-KIND CONTRIBUTIONS
City Clerk Price and Attorney Jorgensen clarified in-kind contributions.
5. DISCUSSION OF HOW POTENTIAL CANDIDATES MIGHT BE BETTER
SERVED.
City Clerk Price discussed the many opportunities available to candidates to assist
them in the process. Some include:
• One-on-one meetings with candidates briefing them on the.Election Manual
• Hosting FPPC workshops for campaign treasurers
• Candidate orientations
• City Cleric available for candidate/treasurer questions at any time
e Other resource examples listed in the Election Manual
6. FINAL RECOMMENDATIONS FOR AMENDMENTS TO THE ELECTION
CAMPAIGN REGULATIONS ORDINANCE.
The Committee commented that the original Ordinance was basically a good one
and didn't require many changes.
The Committee also remarked that the City staff provided excellent support and
ATTACHMENT 1
Page 4 of 4
assistance throughout the review process, making it easy for the Committee to
reach their established goal.
Action: Moved by Spatafore/Stevenson to forward the legislative draft to the City
Council for their review and adoption. Motion carred: 5-0.
7. PUBLIC COMMENT: None.
8. ADJOURNED: 1:00 p.m.
Page 2
Election Campaign Regulations Committee
Minutes—December 14,.2001
7 ATTACHMENT 2
ORDINANCE NO. (2002 Series) Page 1 of 5
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ELECTION CAMPAIGN REGULATIONS
OF MUNICIPAL CODE CHAPTER 2.40 AND AMENDING
MUNICIPAL CODE CHAPTER 15.40 CONCERNING
CAMPAIGN SIGNS
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Section 2.40.30.B is hereby amended to read as follows:
"2.40.30 Definitions:
B. "Campaign treasurer" means the duly appointed representative responsible for
financial accounting and reporting as required by this chapter. A committee may have only
one campaign treasurer and one assistant treasurer.
SECTION 2. Section 2.40.40.A is hereby amended to read as follows:
"2.40.40 Campaign treasurer- Appointment required- Compliance with provisions
required.
A. Each candidate and/or each committee shall appoint a campaign treasurer.
A candidate may serve as the campaign treasurer for his/her campaign or for his/her
committee. An assistant treasurer may also be appointed."
SECTION 3. Section 2.40.050.C.4 is hereby amended to read as follows:
"2.40.050. Prohibitions.
4. No candidate nor any committee shall retain any amount of twenty-five
dollars or more from one person or source without obtaining the name, address,
occupation, and name of employer of that contributor. Any anonymous contribution of
twenty-five dollars or more shall be forwarded to the city clerk and deposited in the city's
treasury.
SECTION 4. Section 2.40.060.A.1 and A.2 are hereby amended to read as follows:
"2.40.060. Election campaign accounts.
A. Candidate Intention Statement and the Campaign Bank Account.
1. Candidate Intention Statement. Any individual who intends to be a
candidate for a city elective office must file a statement of intention to
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ATTACHMENT 2
Ordinance No. (2002 Series) Page 2 of 5
Page 2
run for office prior to soliciting or receiving any contribution or loan.
Form 501 (Candidate Intention) is used to comply with this
requirement, and is filed with the Secretary of State. A copy shall be
filed with the city clerk.
2. Candidate Campaign Bank Account. In addition to filing the
candidate intention statement, an individual who plans to run for a
city elective office and who plans to accept contributions and make
campaign related expenditures must set up a campaign bank account
at a financial institution located in San Luis Obispo,"
SECTION 5. Section 2.40.060.B is hereby amended to read as follows:
"2.40.060 Election campaign accounts.
B. Statement of Organization. For each campaign bank account into which
contributions totaling one thousand dollars are received (including the candidate's
personal funds) or within ten days of receiving contributions of one thousand dollars or
more, a recipient committee statement of organization(Form 410) must be filed with the
Secretary of State. A copy shall be filed with the city clerk. If a recipient committee
qualifies during the sixteen days prior to an election, it must file, by telegram, facsimile or
personal delivery within twenty-four hours of qualifying as a committee, the information
required to be reported in the statement of organization. This form shall be filed with the
city clerk."
SECTION 6. Section 2.40.060.G is hereby amended to read as follows:
"2.40.060 Election campaign accounts.
G. Closing of Account. Following the election and no later than the state's
third campaign disclosure statement deadline, the campaign treasurer shall close the
election campaign account and file a second city campaign statement (Form 101 or 102)
with the city clerk. State Form 410 Statement of Termination, is required if the campaign
account totals one thousand dollars or more and is filed with the Secretary of State(a
copy shall be filed with the city clerk) verifying the closure and listing of donees of all
disbursements authorized by subsection E of this section, and the dollar amounts given to
each donee; provided, however, should litigation arise as a result of the conduct of the
campaign, either during the campaign period or after the conclusion of the campaign, the
account may be kept open until such litigation is finally concluded. Within forty-five days
of such conclusion, a final campaign statement shall be filed with the city clerk..
SECTION 7. Section 2.40.070.B.2.a and c. are hereby amended to read as follows:
"2.40.070 Campaign statements.
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ATTACHMENT 2
Ordinance No. (2002 Series) Page 3 of 5
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a. The name, address, occupation, and name of employer and amount of the
contribution for each person who contributes twenty-five dollars or more.
C. The name and address, occupation, and name of employer of each person
expending twenty-five dollars or more if qualifying as an independent expenditure
committee."
SECTION 8. Section 2.40.080.A.7 is hereby amended to read as follows:
"2.40.080 Responsibilities of city clerk.
7. Provide an appropriate form, and prescribe a date for submission, which
allows any candidate to file a four hundred word ballot statement of qualifications and/or
description of his/her stand on issues. Such statement shall be on a form provided by the
city clerk in accordance with any other provision as set forth by Elections Code Section
13307 et seq."
SECTION 9. Section 2.40.100.B is hereby amended to read as follows:
"2.40.100 Civil actions.
B. If any person files an original city campaign disclosure statement after any
deadline imposed by this chapter, he or she shall pay, in addition to any other penalties
provided for under this chapter, the sum of one hundred dollars per day after the deadline
until the statement or report is filed. Liability may not be enforced if on an impartial basis
the city clerk determines that the late filing was not wRVW and that enforcement of the
liability will not further the purposes of this chapter. Liability shall not be waived if the
first city pre-election campaign statement is not filed within five days, and the second and
final city campaign statement is not filed within ten days of the deadline after city clerk has
sent specific written notice of the filing requirement.
SECTION 10. Section 2.40.150 is hereby amended to read as follows:
"2.40.150 Council study committee.
A. Appointment. At least nine months prior to the expiration of this chapter,
the council shall appoint a committee of at least five citizens to study the efficacy of this
chapter. The committee shall complete its deliberations and report its findings to the city
council on or before January 31, 2006. (Ord. XXXX, 2002)"
SECTION 11. Section 2.40.160 is hereby amended to read as follows:
"2.40.160 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 2006. (Ord. XXXX, 2002)"
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ATTACHMENT 2
Ordinance No. (2002 Series) Page 4 of 5
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SECTION 12. Section 15.40.040.N is hereby amended to read as follows:
"N. Campaign signs. Campaign signs are regulated by Municipal Code Section
2.40.170."
SECTION 13. Section 15.40.280.X is hereby amended to read as follows:
"X. `Campaign sign' is defined in Municipal Code Section 2.40.170C.
SECTION 14. Chapter 2.40 is hereby amended by adding a new Section 2.40.170 as
follows:
"2.40.170 Campaign signs.
"A. Severability. This Section is a separate and severable provision of the Election
Campaign Regulations.
"B. Campaign Signs. Campaign signs shall not exceed three square feet per sign in
residential zones and ten square feet per sign in nonresidential zones, and shall be removed
no later than ten(10) days following the election.
"C. Definition. "Campaign sign" means a sign intended to draw attention to or
communicate a position on any issue, candidate, or measure in any national, state, local, or
university campus election.
"D. Violation. Violation of this Section shall be an infraction."
SECTION 15. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty (30)days after its final passage.
INTRODUCED AND FINALLY ADOPTED by the Council of the City of San Luis
Obispo at a meeting held on the day of 2002, on motion of
seconded by and on the following roll call vote:
ATTACHMENT 2
Ordinance No. (2002 Series) Page 5 of 5
Page 5
AYES:
NOES:
ABSENT:
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
IVIW.;�&injs Ci ttomey
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ATTACHMENT 3
Chapter 2.40
ELECTION CAMPAIGN REGULATIONS*
Sections:
2.40.010 Title.
2.40.020 Purpose and intent.
2.40.030 Definitions.
2.40.040 Campaign treasurer- Appointment required- Compliance with provisions
required.
2.40.050 Contributions.
2.40.055 Independent expenditures.
2.40.060 Election campaign accounts.
2.40.070 Campaign statements.
2.40.080 Responsibilities of city clerk.
2.40.090 Criminal misdemeanor actions.
2.40.100 Civil actions.
2.40.110 Injunctive relief.
2.40.120 Cost of litigation.
2.40.130 Disqualification.
2.40.140 Construction of provisions.
2.40.150 Council study committee.
2.40.160 Expiration of provisions.
*Prior legislation: Prior code §§ 2800 -2812, as amended by Ord. 1067 § 1, 1986, Ord.
1191 § 1, 1991, and Ord. 1254 § 1, 1994.
2.40.010 Title.
This chapter may be cited as the election campaign regulations of the city. (Ord. 1333 § 1
(part), 1998)
2.40.20 Purpose and intent.
A It is the purpose and intent of this chapter:
1. To promote integrity, honesty and fairness in municipal election campaigns;
2. To ensure a level of discussion of public issues adequate for a viable campaign by
providing voters with the information necessary to make an assessment of each
candidate or measure before voting;
3. To require public disclosure of campaign contributions and expenditures, including
but not limited to those made in support of or in opposition to candidates or measures
in municipal elections;
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4. To place realistic and enforceable limits on the amounts persons may contribute in
municipal election campaigns;
5. To ensure that funds contributed to a campaign committee are used solely for
campaign purposes; and
6. To provide full and fair enforcement of all the provisions of this chapter.
B. By enacting this chapter, the council does not intend to deprive or restrict any citizen of
the exercise of rights guaranteed under the United States Constitution and the California
Constitution. (Ord. 1333 § 1 (part), 1998)
2.40.30 Definitions.
The following words or phrases shall have the meanings as indicated in this section when
used in this chapter:
A. "Campaign statement" means a report, made on a form prescribed and supplied by the
city clerk, which provides the information required by this chapter of candidates and committees.
Each campaign disclosure statement shall reflect all contributions received and expenditures
made through the closing date specified in Section 2.40.070.
B. "Campaign treasurer" means the duly appointed representative responsible for financial
accounting and reporting as required by this chapter.A committee may have There sl"be only
one campaign treasurer and one assistant treasurer. _
C. "Candidate" means any individual listed on the ballot for election to or recall from any
city office, or who has otherwise taken action to seek such election to city office.
D. "Committee" means any person or combination of persons which directly or indirectly
receives contributions or makes expenditures or contributions for the purpose of expressly
advocating the election or defeat of a clearly identified candidate(s) or for supporting or
opposing the passage of any measure(s). Committees shall be in one of two categories:
1. "Recipient committee" —One which receives contributions totaling one hundred
dollars or more in a calendar year; or
2. "Independent expenditure committee"—one which makes independent
expenditures totaling one hundred dollars or more in a calendar year but not to or at the
behest of a candidate or committee.
E. "Contribution":
1. The term"contribution" includes the following:
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a. A payment, loan, forgiveness of a loan, payment of a loan by a third party,
or an enforceable promise to make a payment except to the extent that full and
adequate consideration is received, unless it is clear from the surrounding
circumstances that it is not made for campaign purposes. An expenditure made at
the behest of a candidate or committee is a contribution to the candidate or
committee, unless full and adequate consideration is received for making the
expenditure.
b. Money or property contributed by the candidate, as well as discounts or
rebates granted by television and radio stations and newspapers which are not
extended on an equal basis to all candidates for the same office.
C. The purchase of ticket(s)for events such as dinners, luncheons, rallies and
similar fund-raising events. Contribution reporting requirements shall apply when
the total accumulative ticket purchases by any one person exceed the limitations
set forth in Section 2.40.050(C)(3).
d. Non-monetary contributions such as art objects, furniture, and similar
items of value, or anything of value transferred from one committee to another.
e. The payment of compensation by any person for the personal services or
expenses of any other person, if such services are rendered, or expenses incurred
on behalf of a candidate or committee without payment of fill and adequate
consideration by the candidate or committee.
f. Funds or professional services donated to assist in election-related
litigation.
2. The term`contribution" does not include:
a. Amounts received pursuant to an enforceable promise to the extent such
amounts have been previously reported as a contribution. However, the fact that
such amounts have been received shall be indicated in the appropriate campaign
statement.
b. A payment.made by an occupant of a home or office for costs related to
any meeting or fund-raising event held in the occupant's home or office if the
costs for the meeting or fund-raising events are two hundred fifty dollars or less.
3. Notwithstanding the definition of"contribution" as set out in this subsection, the
term does not include volunteer personal services or payments made by any individual
for personal travel expenses, if such payments are made voluntarily without any
understanding or agreement which shall be, directly or indirectly, repaid to the person.
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F. "Election" means any general, special or recall municipal election of the city of San Luis
Obispo.
G. "Expenditure" means a payment, forgiveness of a loan, payment of a loan by a third
party, or an enforceable promise to make payment, unless it is clear from the surrounding
circumstances that it is not made for political purposes. When expenses are incurred to support
election-related litigation, they are considered expenditures. An expenditure is made on the date
the payment is made or on the date consideration, if any, is received, whichever is earlier.
H. "Immediate family" means a candidate's or elected officeholder's spouse and dependent
children.
I. "Independent expenditure" means an expenditure made by any person in connection with
a communication which expressly advocates the election or defeat of a clearly identified
candidate(s) or the qualification, passage, or defeat of a clearly identified measure(s) or, taken as
a whole and in context, unambiguously urges a particular result in an election but which is not
made to or at the behest of the affected candidate or committee. (Government Code Section
82031.)
J. "Measure" means any charter amendment or other proposition which is submitted to a
popular vote at any municipal election by the city council, or which is submitted or is intended to
be submitted to a popular vote at a municipal election by initiative, referendum or recall
procedure whether or not it qualifies for the ballot.
K. "Person" means an individual, proprietorship, firm, partnership,joint venture, labor
union, syndicate, business trust, company, corporation, association, committee(including both
controlled and independent committees), and any other organization or group of persons acting
in concert. (Ord. 1333 § 1 (part), 1998)
2.40.040 Campaign treasurer-Appointment required - Compliance with provisions
required.
A Each candidate and/or each committee shall appoint a campaign treasurer. A candidate
may serve as the campaign treasurer for his/her campaign or for his/her committee. An assistant
treasurer may also be appointed
B. Each campaign treasurer shall be responsible for complying with the requirements of
Title 9 of the California Government Code in addition to complying with the provisions of this
chapter. (Ord. 1333 § 1 (part), 1998)
2.40.050 Contributions.
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A. Transmittal to Campaign Treasurer. All persons who receive contributions on behalf of a
candidate or committee shall transmit the contributions in full to the campaign treasurer
promptly, together with a-fist showing the name and address of each contributor and the amount
of the contribution, subject to the exceptions provided in this section.
B. Refusal to Accept. A candidate or a campaign treasurer shall have full authority to refuse
and to return any contribution offered, provided the contribution is returned within fourteen days
of receipt.
C. Prohibitions.
1. No person other than a candidate or the candidate's immediate family members
shall make, and no person or campaign treasurer shall solicit or accept any contribution
which will cause the total amount contributed by such person with respect to a single
election in support of or in opposition to, such candidate, including contributions to all
committees supporting or opposing such candidate, to exceed one hundred dollars.
2. The above contribution limitations do not apply to committees formed primarily
to support or oppose the qualification or passage of a ballot measure. Ballot measure
committees may not make contributions to candidates or committees which make
contributions to candidates.
3. No person shall make a contribution for any other person under an assumed name
or under the name of any other person.
2 No candidate nor any committee shall retain any amount of twenty-five dollars or
more from one person or source without obtaining the name, aad-address, occupation,
and name of employer of that contributor. Any anonymous contribution of twenty-five
dollars or more shall be forwarded to the city clerk and deposited in the city's treasury.)
5. For the purposes of this section, a contribution shall be deemed received at the
time of actual receipt by the campaign treasurer.
6. No person, candidate or candidate's committee shall make or accept any
contribution of twenty-five dollars or more after five p.m., Monday, eight days preceding
the day of election, except that candidate and/or a candidate's immediate family shall be
permitted to make additional contributions to the candidate or to the candidate's
committee.
7. Any contribution of one thousand dollars or more from a single source which is
made to or received by a committee primarily formed to support or oppose a ballot
measure during the sixteen days immediately preceding the election at which the measure
is being voted upon must be reported to the city clerk within twenty-four hours of the
time it is received or contributed. Any contribution of one hundred dollars or more from a
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single source which is made to or received by a committee primarily formed to support or
oppose a ballot measure during the eight days preceding the election at which the
measure is being voted upon must be reported to the city clerk within twenty-four hours.
Late contribution reports must be filed by telegram, mailgram, guaranteed overnight
delivery service, or personal delivery(not by regular mail).
8. No person shall deduct or withhold any amount or percentage from any
contribution. Any compensation provided to any person for solicitation, collection or
other service shall be treated as an election expenditure item.
D. Aggregation of Contributions.
1. For the purposes of this section, contributions received from a husband and wife
shall be treated as if received one-half from each unless otherwise designated by the
contributor.
2. Contributions made by two or more entities must be combined if the same person,
or a majority of the same person, directs or controls the contributions.
3. Contributions made by entities in a parent-subsidiary relationship and business
entities with the same controlling owner(more than fifty percent)must be combined
unless the entities act completely independently in their decisions to make contributions.
A parent-subsidiary relationship exists when one entity owns more than fifty percent of
another business entity. (Ord. 1333 § 1 (part), 1998)
2.40.055 Independent expenditures.
A. Contribution Limitations. Any person who makes independent expenditures supporting or
opposing a candidate(s) shall not accept any contribution in excess of the amounts set forth in
Section 2.40.050(C).
B. Reproduction of Materials. Any person who reproduces, broadcasts or distributes any
material which is drafted, printed, prepared or previously broadcast by a candidate(s) or a
committee controlled by such candidate shall report such an expenditure as a nonmonetary
contribution to such candidate or committee.
C. Identification of Expenditures. Any person who makes independent expenditures for or
against a candidate shall indicate clearly on any material published, displayed, distributed, or
broadcast the name of the person and the fact that the material was paid for by that person. Every
person shall comply with all of the requirements imposed on candidates and committees by this
chapter, including both contributions to, and expenditures by, such person. (Ord. 1333 § 1 (part),
1998)
2.40.060 Election campaign accounts.
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A- Candidate Intention Statement and the Campaign Bank Account.
!1. Candidate Intention Statement. Any individual who intends to be a candidate for a
city elective office must file a statement of intention to nun for office prior to soliciting or
receiving any contribution or loan. Foran 501 (Candidate Intention)is used to comply
with this requirement, and is filed with the Fak PelkiealPfaefiees GenvnissieeSecretary
of State. A copy_shall be filed with the city clerk.
2. Candidate Campaign Bank Account. In addition to filing the candidate intention
statement, an individual who plans to run for a city elective office and who plans to�
accept contributions and make campaign related expenditures must set up a campaign
bank account at a financial institution located in San Luis Obispo. mea days e€
3. City ballot measure committees must set up a campaign bank account, at a
financial institution within the city of San Luis Obispo.
B. Statement of Organization. For each campaign bank account into which contributions
totaling one thousand dollars are received(including the candidate's personal funds) or within
ten days of receiving contributions of one thousand dollars or more, a recipient committee
statement of organization(Form 410) must be filed with the.Secretary of State. A copy shall be
filed with the city clerk. If a recipient committee qualifies during the sixteen days prior to an
I it must file,by telegram, facsimile or personal delivery within twenty-four hours of
qualifying as a committee, the information required to be reported in the statement of
organization. This form shall be filed with the city clerk.
C. Deposit of Contributions. All campaign contributions accepted by a campaign treasurer
shall be deposited into the election campaign account by the campaign treasurer or his/her
authorized agent.
D. Expenditures. Campaign expenditures shall be made only by checks drawn against the
election campaign account by the campaign treasurer or authorized agent, except that a candidate
or committee may establish one petty cash account.
1. No more than one hundred dollars may be in the petty cash fund at any one time,
and no expenditures totaling twenty-five dollars or more may be made from a petty cash
account. The petty cash account may be used only for expenses associated with the
candidate's election to the specific office for which the petty cash fund was established.
2. Petty cash or funds in the election campaign account shall not be considered for
any purpose to be personal funds of a candidate, campaign treasurer or any other person.
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E. Access to Records by City Clerk. The city clerk shall have full access at all reasonable
hours to the bank's records concerning all election campaign accounts.
F. Disbursement of Unexpended Campaign Funds. 14 following the election, the final
campaign statement for any committee discloses an unexpended campaign surplus, the campaign
treasurer shall disburse the whole of the surplus to the city and/or a nonprofit charitable
(qualified for federal income tax exemption) organization of the campaign treasurer's choice.
This shall be done no later than the state's third campaign disclosure statement deadline.
G. Closing of Account. Following the election and no later than the state's third campaign
disclosure statement deadline, the campaign treasurer shall close the election campaign account
and file a second city campaign statement (Form 101 or 102)with the city clerk State Form 410 M
,41-3 e�,Statement of Termination, is required if the campaign account totals one thousand
dollars or more and is filed with the Secretary of State(a copy shall be filed with the city clerk)
verifying the closure and listing of donees of all disbursements authorized by subsection E of this
section, and the dollar amounts given to each donee; provided, however, should litigation arise as
a result of the conduct of the campaign, either during the campaign period or after the conclusion
of the campaign, the account may be kept open until such litigation is finally concluded. Within
forty-five days of such conclusion, a final campaign statement shall be filed with the city clerk.
H. Retention of Records. The campaign treasurer shall retain all campaign statements and all
other records required by this chapter for a period of four years after the election. (Ord. 1333 § 1
(part), 1998)
2.40.070 Campaign statements.
A Required Filing Schedule. Every campaign treasurer, upon receiving or expending one
hundred dollars or more shall file with the city clerk campaign disclosure statements according to
the following schedule:
1. State campaign disclosure statements shall be filed as required by the provisions
of Title 9 of the California Government Code.
2. A city campaign statement (Form 101 or 102) shall be filed no later than twelve
noon, Tuesday, one week before the election. The closing date of this statement shall be
five p.m., Monday, eight days before the election.
B. Contents.
1. Each state campaign statement filed shall contain the information required under
the provisions of Title 9 of the California Government Code.
2. The city campaign statement(Form 101 or 102) shall consist of:
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a. The name, address, occupation, and name of employer and amount of the
contribution for each person who contributes twenty-five dollars or morel
b. The total amount received from all persons who each contribute less than
twenty-five dollars.
C. Thename and address, occupation, and name of employer of each person
expending twenty-five dollars or more if qualifying as an independent expenditure
committee.
d. The total expenditures made by each committee.
C. Filing. Each document required to be filed in this chapter shall be filed with the city clerk
during business hours, and elsewhere as may be required by Title 9 of the California Government
Code.
D. Filing Fees. Filing fees, if any, shall be established by council resolution.
E. Publication. On the Saturday preceding the election, the city clerk shall publish in a
newspaper of general circulation within the city the following information for each committee:
1. Total receipts;
2. Total expenditures;
3. Contributions; the name of each person contributing twenty-five dollars or more
with the amount contributed;
4. The name of each person(s) expending twenty-five dollars or more if filing as an
independent expenditure committee;
5. A statement, if necessary, that a candidate and/or committee has failed to comply
by the required deadline with the campaign statement requirements pursuant to this
section. (Ord. 1333 § 1 (part), 1998)
2.40.080 Responsibilities of city clerk.
A. Duties. In addition to any other duties required of the city clerk under this chapter, the
city clerk shall:
1. Prescribe and firrnish, without charge, appropriate forms for all campaign
statements, documents and reports required to be filed by this chapter;
2. Determine whether required statements and declarations have been filed and, if
so, whether they conform on their face with the requirements of this chapter;
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3. Promptly notify all persons who have failed to file a statement in the form and at
the time required by this chapter,
4. Report, in writing, apparent violations of this chapter to the city attorney;
5. Place a timely advertisement(s)in a newspaper of general circulation advising the
public that a person(s)supporting or opposing a candidate(s) or a measure(s)through
newspaper or other advertisements may be subject to city reporting requirements;
6. Compile and maintain a current list of all fled statements pertaining to each
reporting committee;
7.-Pi ovide an appropriate form, and prescribe a date for submission, which allows_
any candidate to file a four hundred word ballot statement of qualifications and/or
description of his/her stand on issues. Such statement shall be on a form provided by the
city clerk in accordance with any other provision as set forth by Elections Code Section
113396 13307 et seq,�
B. Additional Help or Services. The city clerk is authorized and directed to hire part-time
help, contract for services, and purchase supplies as the city clerk deems necessary to carry out
the additional duties imposed on the city clerk's office by this chapter. Within ninety days after
each election, the city clerk shall provide the council with a detailed report of the total direct and
indirect labor, materials and other costs incurred by the city clerk's office in performing such
additional duties. (Ord. 1333 § 1 (part), 1998)
2.40.090 Criminal misdemeanor actions.
Any person who violates any provision of this chapter is guilty of a misdemeanor. Any
person who causes any other person to violate any provision of this chapter, or who aids and
abets any other person in the violation of any provision of this chapter, shall be liable under the
provisions of this section. (Ord. 1333 § 1 (part), 1998)
2.40.100 Civil actions.
A. Any person who intentionally or negligently violates any provision of this chapter shall
be liable in a civil action brought by the city attorney or by a person residing within the city for
an amount not more than three times the amount of the unlawful contribution or expenditure.
B. If any person files—an original city campaign disclosure statement after any deadline
imposed by this chapter, he or she shall pay, in addition to any other penalties provided for under
this chapter, the sum of one hundred dollars per day after the deadline until the statement or
report is filed. Liability may not be enforced if on an impartial basis the filing-effleeF city clerk
determines that the late filing was not willful and that enforcement of the liability will not fitrthe
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--perp `-ch pt_- ' �ty -- city pre-election—campaign
campaign
the -pose oft cha er. Liabih shall not be waived if the first ci
statement is not filed within five s, and the second and final citycampaign statement is not
filed within ten days of the deadline after g eseF city clerk has sent specific written notice
Of the filing requirement.
C. If two or more persons are responsible for any violation, they shall be jointly and
severally liable.
D. Any person, before filing a civil action pursuant to this section, shall first file with the
city attorney a written request for the city attorney to commence the action. The request shall
contain a statement of the grounds for believing a cause of action exists. The city attorney shall
respond within ten days after receipt of the request indicating whether he or she intends to file a
civil action. If the city attorney indicates in the affirmative and files a suit within thirty days
thereafter, no other action may be brought unless the action by the city attorney is dismissed
without prejudice.
E. In determining the amount of liability, the court may take into account the seriousness of
the violation and the degree of culpability of the defendant. If a judgment is entered against the
defendant or defendants in an action, the plaintiff shall receive fifty percent of the amount
recovered. The remaining fifty percent shall be deposited into the city treasury. In an action
brought by the city attorney, the entire amount shall be paid to the city treasury.
F. No civil action alleging a violation of any provision of this chapter shall be filed more
than four years after the date the violation occurred. (Ord. 1333 § 1 (part), 1998)
2.40.110 Injunctive relief.
Any person residing in the city, including the city attorney, may sue for injunctive relief
to enjoin violations or to compel compliance with the provisions of this chapter. (Ord. 1333 § 1
(part), 1998)
2.40.120 Cost of litigation.
The court may award to a plaintiff or defendant who prevails in any action authorized by
this chapter his or her costs of litigation, including reasonable attorneys' fees; provided,
however, no costs of litigation or attorneys' fees shall be awarded against the city. (Ord. 1333 § 1
(part), 1998)
2.40.130 Disqualification.
In addition to any other penalties prescribed by law, if an official receives a contribution
in violation of this chapter, the official shall not be permitted to make, participate in making or in
any way attempt to use his or her official position to influence a governmental decision in which
the contributor has a financial interest. The provisions of Government Code Section 87100 et
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seq. and the regulations of the Fair Political Practices Commission shall apply to interpretations
of this section. (Ord. 1333 § 1 (part), 1998)
2.40.140 Construction of provisions.
A. This chapter shall be in addition to all other city and state laws applicable to municipal
elections. Unless the contrary is stated or clearly appears from the context, the definitions and
terms set forth in Title 9 of the California Government Code shall govern the interpretations of
terms used in this chapter. This chapter shall be construed liberally in order to effectuate its
purposes.
B. If any provision of this chapter, or the application thereof to any person or circumstance,
is held invalid, the validity of the remainder of the chapter and the applicability of such provision
to other persons and circumstances shall not be affected thereby. (Ord. 1333 § 1 (part), 1998)
2.40.150 Council study committee.
A Appointment. At least nine months prior to the expiration of this chapter, the council
shall appoint a committee of at least five citizens to study the efficacy of this chapter. The
committee shall complete its deliberations and report its findings to the city council on-or before
January 31, 2882 2006. (Ord. 4333- en),•-1.998 , 2002) - --
2.40.160 Expiration of provisions.
Unless readopted, this chapter shall expire on June 30, 2882 2006. (Ord. 1334 § 1�a�498
xm--0 2002)
j.4-0017-0 Campaign sighs
---- - —-
:9. Severability. This Section is a separate and severable provision of the Election
Campaign Regulations! - -- —
S Campaign Signs. Campaign signs shall not exceed three square feet per sign in,'__
residential zones and ten square feet per sign in nonresidential zones, and shall be removed no
later than ten (10) days following the election.!
C Definition. "Campaign sign"means a sign intended to draw attention to or
communicate a position on any issue, candidate, or measure in any national, state, local,-or
university campus election.;
D. lrol-a on. Violation of this Section shall be an infraction. {Ord XO X, 2002)
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SIGN ORDINANCE
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Chapter 15.40.040 Legislative Draft:
15.40.040 Exempt signs.
The following signs shall be allowed without a sign permit and shall not be included in the
determination of type,number, or area of signs allowed in each zone district. (Under certain
circumstances temporary signs and other exempt signs may require a construction or
encroachment permit. Check with the building division of the community development
department and the public works department.)
A. Bulletin boards: Not over twenty-four square feet in area and six feet in height, for public,
charitable, or religious institutions;
B. Construction/subdivision signs: Temporary signs not exceeding sixteen square feet in
aggregate used to indicate owner, builder, architect, and pertinent data regarding building
construction on the site during construction only. For commercial and residential projects on
sites three acres or larger,the maximum exempt sign area is thirty-two square feet;
C. Government-required signs: Official federal, state or local government traffic, directional, and
information signs and notices issued by any court,person or officer in performance of a public
duty, or any other sign that is required to be posted by any government agency;
D. Hazard signs: Temporary signs wanting of construction, excavation, or similar hazards so
long as the hazard exists;
E. Historic building signs and plaques;
F. Miscellaneous information signs: In nonresidential zones, with an aggregate area not to
exceed three square feet at each public entrance, nor ten square feet total, indicating address,
hours and days of operation,whether a business is open or closed, credit information, emergency
address and telephone numbers, and informing the public of available goods or services;
G. "No trespassing"signs: Each not more than one square foot in size placed at each corner and
each entrance to property and at intervals of not less than one hundred feet or in compliance with
the requirements of law;
H. Official signs: Official federal, state, or local government flags, emblems and historical
markers, subject to height limits established by zone;
I. Public signs: Public information, special event, and directional signs erected by a public
agency;
J. Real estate signs: Temporary signs indicating that the property on which the sign is located is
for sale, rent or lease. Only one such sign is permitted to face on each street adjacent to the
property. Such signs may be single-or double-faced and are limited to three square feet or less
on property in residential zones and ten square feet or less on property in nonresidential zones. A
maximum of three off-premises open house signs are allowed with the approval of the property
owner- or the city if located in the right-of-way- and shall be removed immediately after the
open house is held;
K. Residential identification signs: Identification signs for residents limited to not more than one
square foot on each dwelling unit;
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L. Service station point-of-sale and price signs:For service stations: 1)all point-of-sale signs at
the gas pumps, and 2)not more than one price sign for each frontage not exceeding twenty
square feet each and subject to height and setback limits established by zone;
M. Temporary holiday decorations. See also "Temporary window signs'
N. Te"eretpf peli Campaign signs: plJ
zeftes and ten square feet per sign in fiefffesidefifial zene-s Campaign signs are regulated by iryC
Municipal Code Section 2.40,
O. Temporary window signs: Signs in office and commercial zones which cumulatively do not
exceed ten percent of each window area or four square feet per window, whichever is greater. No
temporary window sign shall be displayed for more than thirty days. Cumulatively,no business
shall display temporary signs for more than sixty days per year;
P. Traffic directional signs: Parking lot and other private traffic directional signs each not
exceeding three feet in height and five square feet in area and limited to guidance of pedestrian
or vehicular traffic within the premises on which they are located; and
Q. Utility signs: Signs showing the location of public telephones and signs placed by utilities to
show the location of underground facilities. (Ord. 1324 § 2 (part), 1997)
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SIGN ORDINANCE
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Chapter 15.40.280 Legislative,Draft:
15.40.280 Definitions.
As used in this chapter,the following terms and phrases shall have the indicated meanings:
A. "ARC"means architectural review commission.
B. "Area of sign"means the number of square feet of the smallest rectangle within which a sign
face can be enclosed. In determining the area of an individual sign which has more than one face,
the greatest area of sign faces visible from any one point shall be used. The"total sign area"is
the sum of all individual sign areas.
Figure 6 - Sign Area
C. "Awning sign"means any lettering or graphic painted on or otherwise applied to any part of
an awning.
D. "Banner"means a flexible sign typically supported at two or more points and hung on a
building or otherwise suspended down or across its face, or across a public right-of-way.
E. `Billboard"means a sign structure, available for lease or rent, advertising an establishment,
merchandise, service, or entertainment,which is not sold, produced, manufactured or furnished
at the property on which said sign is located.
F. `Building face"means the whole of a building visible in an elevation view, excluding sloped
roof surfaces. "Tenant's building face" is that portion of the building face enclosing the area of
the building occupied by the tenant. In multitenant buildings with interior tenant spaces, each
tenant's building face shall be the proportionate share of the building face enclosing the area
occupied by all tenants.
G. `Bulletin board"means a sign which accommodates changeable copy and which displays
information on activities and events on the premises.
H. "Directory sign"means a wall-mounted sign identifying the location of occupants of a
building or group of buildings which are divided into rooms, suites, or units used as separate
offices, studios, or dwellings.
I. "Fascia"means a flat horizontal band on a building elevation, typically above the first story
doors and windows.
J. "Frontage"or"lot frontage"means the horizontal distance along a lot line adjacent to a public
street, or the side of a lot adjacent to a public street.
K. "Group quarters"means a residential facility in which residents do not occupy individual
dwelling units, such as dormitories, fraternities, hostels, and residential care facilities.
L. "Height of sign"means the vertical distance from average ground level immediately below
the sign to the top of the sign including the support structure and any design elements.
M. "Identification sign"means any sign identifying a residential development, a multifamily
building, group quarters, school, church, institution, or shopping center, and not advertising any
product or service.
N. "Illegal sign"means any sign which does not meet the requirements of this code and which
has not received legal nonconforming status.
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O. Illumination.
1. "Internally illuminated sign"means a sign which has characters, letters, figures, or any portion
of the sign face or outline thereof illuminated from an interior light source.
2. "Externally illuminated sign" means a sign which is illuminated from an exterior artificial
light source mounted on the sign, another "structure, or the ground.
3. "Nonilluminated sign"means a sign with no internal or external artificial light source and only
incidentally illuminated by ambient light conditions.
P. "Legal nonconforming sign"means:
1. A sign which was erected legally,but which does not comply with the subsequently enacted
sign restrictions and regulations.
2. A sign which does not conform to the sign code requirements,but for which an exception has
been approved.
Q. "Marquee sign"means a sign placed on the face of a permanent roofed structure projecting
over the building entrance,which is an integral part of the building(usually a theater or hotel)
and is not a fascia extension of the roof or eave.
R. "Monument sign"means a sign which is completely self-supporting, has its base on the
ground or is supported by posts, and is six feet or lower in height.
S. Nonconforming Sign. See"Illegal sign"and"Legal nonconforming sign."
T. "Nonresidential zone"means any zone other than an R-1, R-2,R-3, or R-4 zone.
U. "Off-premises sign"means any sign which directs attention to a business, service product, or
entertainment not sold or offered or only incidentally sold or offered on the premises on which
the sign is located.
V. "Person"means any individual,partnership, corporation, association or government or any
other legal entity.
W. "Pole sign"means a freestanding sign, supported by one or more poles eight feet or longer in
length.
X. "Pelifiesl Campaign sign"
I national, state,
eleetieis defined in Municipal Code Section 2.40.
Y. "Portable sign"means any sign designed to be moved easily and not permanently affixed to
the ground or to a structure or building, such as a sandwich board sign.
Z. "Premises"means a building or unified complex of buildings on one lot or on two or more
contiguous lots under common ownership and/or with shared parking.
AA. "Price sign"means a sign on the premises of a service station,which contains information
on the cost and type or grade of motor fuel only..
BB. "Projecting sign"means a sign which extends out from a building face or wall so that the
sign face is perpendicular or at an angle to the building face or wall.
CC. "Public entrance"means a place of entry at a premises which is accessible by the general
public.
DD. "Roof sign"means any sign any part of which is on or over any portion of any roof, eave, or
parapet of a building or structure.
EE. Sandwich Board Sign. See"Portable sign."
FF. "Shopping center"means five or more stores with a minimum area of fifty thousand square
feet,three hundred feet of frontage and common off-street parking.
GG. "Second story"means the highest point of the second floor of a building.
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HH. "Sign"means any visual device or representation designed or used for the purpose of
communicating a message or identifying or attracting attention to a premises,product, service,
person, organization,business or event, with or without the use of words,visible from outside
the premises on which such device is located.
II. "Subdivision identification sign"means a temporary sign identifying an approved residential
or commercial subdivision and erected primarily for the purpose of advertising homes, lots or
condominiums for sale..
H. "Sign face"means the visible sign proper including all characters, symbols, and structural or
nonstructural background(e.g., cabinet frame or painted border),but not including the base of a
pole or monument sign.
KK. Sign Area. See"Area of sign."
LL. "Suspended sign"means a sign attached to and located below any permanent eave,roof or
canopy.
MM, "Temporary sign"means any sign which remains in use not more than thirty days or such
other period specified by a use permit or architectural review condition of approval.
NN. "Traffic directional sign"means a sign not exceeding three feet in height or five square feet
in area that provides on-site guidance to pedestrian or vehicular traffic such as parking lot
entrance and exit signs.
00. "V sign"means a sign consisting of two essentially equal faces,positioned at an angle less
than one hundred eighty degrees.
PP. "Vehicle sign"means a sign placed on a vehicle or trailer which is parked or located for the
primary purpose of displaying said sign. Evidence of directional signage or parking of the
vehicle or trailer within one mile of the premises being advertised creates a rebuttable
presumption that the primary purpose of the sign is for display. (This does not include signs or
lettering on buses, taxis, or work vehicles operating during the normal course of business.)
QQ. "Wall sign"means a single-faced sign painted on or attached to a building wall,no part of
which extends out from or above a wall more than six inches.
RR. "Window sign"means a sign painted on or attached to a window or displayed within a
building but visible through a window or similar opening for the primary purpose of exterior
visibility. (Ord. 1324 § 2 (part), 1997)