Ordinance 89bORDINANCE N0. 8g (1 ~ j
AN ORDINANCE OF TI'E CITY OF CUPERTT~JJ R:~Gi,7LATItIG ADVERTISING
DISPLAYS ADJACENT TO LA.iDSC~.PET~ F?LI/t•aA'YS .
THE COUNCIL OF THE CITT.~ OP CUPER~'.I1~0 DOES ORDAIN AS FOLLOWS
Section 1. Defin_tionc . As used in t~ii.~ article, certain
terms are defined as fo lovr:s:
(a) "ADVERTISING STRUCT°JRn", Refers to a structure of any
kind or character erected or rrr~.intained for outdoor advertising
purposes on which any poster, ni11, printing, painting, or other
advertisement of any 1c~_nd whatsoever may be placed, including
statuary.
(b) "SIGN". Refers to any card, cloth, metal, painted or
wooden sign of any character, placed for outdoor advertising
purposes, on or to the ground, or any tree,wall, bush, rock,
fence, building, structure, or thing, either publicly ox' privately
o~f~ned, other than an advertising structure.
(c) Neither "advertising structure" nor "sign", as used in
this article includes:
1. Official notices issued by a court or public body or
officer;
2. Notices posted by any public officer in performance
of a public duty, or by any person in giving legal novice;
3, Directional, vaarning, or information signs or structures
required or authorized by law or by federal, state, or municipal
authority.
(d) "ADVERTISING DISPLAY". Refers to advertising structures
and to signs.
(e) "FREE~~JAY" . The term freeway shall be c~ean~ed to mean a
highwayin respect to which the os,aners of abutting lands have no
right oreasement of access to or from their abutting lands or in
respect to which such owners :nave on~.y ? imii,ed or restricted right
or easement of access, ar~d which is declared to b~ such in compliance
with the Streets and H:ighv~~ays Code of the State of Califoz~nia.
(f) "TO PLACE". The verb "to place" and any of its variants
as applied to advertising c'3_splays includes the maintaining and
the erecting, constructing, posting, painting, printing, tacking,
nailing, Blueing, stitching, cu^ving, or otherwise fastening,
affixing, or making visible, any advertising display on or to the
ground, or any tree, bush, rocl•~, fence, post, ~rrall, building,
structure, or thing.
(g) "LANDSCAPED FREE4dAY" . The
shall be deemed to mean a section or
is now, or hereafter may be, improved
term "Landscaped Freeway"
sections o~ a freeway which
by the planting of at least
1
on one side of the freeway right of way, of lawns, trees, shrubs,
flowers, ar other ornamental vegetation which shall require reason-
able maintenance.
Planting for the purpose of scil erosion control, traffic
safety requirements, reduction of fire hazards, or traffic noise.
abatement, shall not change the character of a freew~~.y to a l~.ndscaped
freeway.
Section 2. Advertising Displays Adjacent to Landscaped Freeways.
No advertising displays shall be placed or maintains on property
adjacent to a section of freevaay which has been, or hereafter may be,
landscaped as defined herein, if tY:e advertising display is designed
to be viewed primarily by persons traveling on such landscaped section
of a freeway.
Section 3, Exem t Advertising Displays. The provisions of
Section 2 of this orc~~ance s -all not app y to any of the following
listed advertising structures or signs used exclusively:
(a) To advertise the sale or lease of the property on which
said. advertising display is placed:
(b) To designate the name of the owner or occupant of the
premises upon which said advertising display is placed or to
identify such premises;
(c) To advertise the business conducted or goads manufactured
or produced, or services rendered upon the property upon which
said advertising display is placed.
Section 4, Removal of Prohibited Displays. Any advertising
structure or sign whit is now, or hereafter may be, in violation
of the provisions of Section 2 shall be removed within three (3)
years from the effective date of this ordinance or within three (3)
years from the date when the project for the landscaping of a section
or sections of a freeway shall have been completed or accepted, and
the character of said section or sections shall have been changed
from a freeway to a landscaped freeway, whichever is later.
Section 5. Severability. If any section, sub-section, sentence,
clause, phrase, or portion of this ordinance is, for any reason, held
to be invalid or unconstitutional, by the decision of any court of
competent jurisdiction, such decision shall not effect the validity
of .the remaining portions of this ordinance.
Section 6. Publishing Clause. This Ordinance shall take effect
and be in force thirty 30 days after its passage and before the
expiration of fifteen (15) days fron date of passage shall be published
once with the names voting for and ,~.gainst in the Cupertino Courier,
the official netivspaper of the City.
INTRODUCID at a regular meeting of the City Council of the City
of Cupertino on the day of and ENACTED by the
City Council of the City of Cupertino at a regular meeting by the
following vote, on this day of 196+:
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