19.23.040 Regulation of political signs.

In addition to those signs exempt from regulation pursuant to city code Section 19.23.050, political signs as defined by city code Section 19.23.030 shall also be exempt subject to compliance with all of the rules and all of the regulations set forth in subsection A of this section.

(A) Regulations. The placement or installation of political signs in the city shall in all respects comply with the following:

(1) No political signs shall be installed or displayed sooner than one hundred and twenty days preceding the election for which the sign is intended;

(2) No political sign shall be lighted either directly or indirectly;

(3) No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property;

(4) No political sign shall be posted on any public property or in the public right-of-way;

(5) No political signs shall be posted in violation of any other provisions of the municipal code;

(6) All political signs shall be removed within ten days and recycled by the department of public works after the date of the election except that a sign on behalf of a candidate who is successful in a primary election may be retained for the general election. Removal of political signs shall be the responsibility of the property owner;

(7) No political sign may be placed within twenty-five feet of any existing commercial or non-profit sign on any one property;

(8) The city manager and/or designee shall have the right to immediately remove all signs which obstruct visibility on city streets or which constitute a traffic hazard not created by relocation of streets or highways or by acts of any city or county or could contribute to a dangerous condition of public property consistent with the procedures for removal of hazardous political signs under subsection (A)(10) of this section;

(9) The city manager and/or designee shall have the right to remove all signs placed contrary to any provisions of this section consistent with the procedures for removal of non-conforming political signs under subsection (A)(11) of this section;

(10) When it is determined that the sign in question poses an imminent safety hazard or dangerous condition, such sign may be removed immediately and stored by the city manager and/or designee. As soon as possible following removal, the owner, if known, shall be given a notice of violation and the right to a hearing by requesting such hearing within five days of receipt of the notice of removal. The hearing shall be held before the city manager or designee within ten days of receipt of the written request for the hearing. The owner and the city shall be permitted to present evidence and cross examine each other's witnesses. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's and/or designee decision shall be final. If the owner establishes such removal to be improper, the owner shall be entitled to a return of the signs without charge. In all other cases the sign will be returned to the owner only upon payment of removal and storage costs. If the sign is not claimed within thirty days after the decision becomes final, the sign may be destroyed. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;

(11) The city manager or designee shall remove or cause the removal of any political sign constructed, altered or maintained in violation of this section. Such removal may occur fifteen days after the date of mailing of registered or certified written notice to the owner of the sign, if known, at the last known address or to the owner of the property as shown on the latest assessment roll, or to the occupant of the property at the property address. The notice shall describe the sign and specify the violation involved, and indicate that the sign will be removed if the violation is not corrected within fifteen days. If the owner disagrees with the opinion of the city manager, the owner may, within the fifteen-day period, request a hearing before the city manager to determine the existence of a violation. At the conclusion of the hearing, the city manager or designee shall prepare a written decision. This decision shall be delivered to the owner personally or by certified mail within ten days of the hearing. The city manager's decision shall be final. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign;

(12) The city council shall from time to time establish procedures by resolution providing for forfeitable deposits by candidates posting political signs within the city.

(B) Unauthorized Removal of Political Signs. No person shall remove, destroy, relocate, or otherwise disturb any political sign without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be assumed that the committee who has registered with the Secretary of the State to support a position on a ballot proposition is the party who erected the sign taking the position on a ballot measure. Nothing in this subsection shall prohibit the owner of real property, or his or her authorized representative, from removing a sign from his or her property when the political sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the director of public works or his or her authorized representatives from taking action to abate sign violations pertaining to political signs pursuant to Section 19.23.140 of this chapter.