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Ordinance 1796. ORDINANCE N0. 1796 AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING CHAPTER 17.32 OF THE CLiPERTMO MUNICIPAL CODE FOR THE PURPOSE OF CONFORMING THE PROVISIONS OF THE CODE TO THE REQUIREMENTS OF STATE AND FEDERAL LAW, CONFORMMG THE PROVISIONS OF THE CODC; TO BE CONSISTENT WITH PRESENT CITY PRACTICES, ELIMINATING REDUNDANT AND OBSOLETE PROVISIONS, CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE, AND CONSOLlDATMG AND STREAMLINING VARIOUS PROVISIONS. THE CITY COUNCIL OF THE C[TY OF CUPERTINO DOES ORDAIN AS FOLLOWS: Section 17.32.O10A is hereby amended to read as follows: A. Unless othern~ise specified in this chapter, all temporary signs shall be located entirely on the site for which the use is advertised subject to Sections 17.24.080 and 17.24.120. Section 17.32.0106 is hereby amended to read as follows: B. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary sign to or upon any public property, sidewalk, crosswalk, curb, curbstone, fence, wall, public playground equipment and/or facilities, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad bridge or crossing, pole for electric light or power or telephone or telegraph (or other communication service) or upon any fixture of the fire alarm or police telegraph system or upon a lighting system, public bridge, drinking fountain, street sign or traffic sign. Additionally, no temporary sign shall be placed, posted or othervise affixed in the public right-of--way, except as provided in this section. The public right-of--way generally extends behind the sidewalk (if one is present). This section does not apply to the following: 1. The maintenance of signs affixed or painted upon public or private motor vehicles; 2. The maintenance of signs aff fixed to Santa Clara County Transit District bus shelters; 3. The maintenance of banners affixed to the top of the City owmed stanchions located at a site over Stevens Creek Boulevard between Wolfe Road and Portal Avenue; 4. The maintenance of hazard markers or emergency signs. Section 17.32.01 OC(2) is hereby amended to read as follows: 2. Off-site signs shall not be located on private property without oral or written consent of • the property owner or other person entitled to possession; and • Ordinance 1796 City of Cupertino Page 2 of 3 Section 17.32.01 OC(3) is hereby amended to read as follows: 3. Signs shall not in any way restrict the safe vision of any vehicular or pedestrian traffic or obstruct any public directional or safety sign or other sign permitted by the City. Signs over three feet in height shall not be located within a corner triangle or sidewalk site triangle. There is hereby added to the Municipal Code of Cupertino Section 17.32.020E which is to read as follows: E. Special event flags or streamers shall be completely removed not later than five days after the special event to which they pertain is scheduled and are othern•ise governed by the provisions of section 17.32.090. Section 17.32.040 is hereby amended to read as follows 17.32.040 Temporary political signs A. Location. Notwithstanding any provision in this chapter to the contrary, temporary political signs are permitted in all zoning districts of the City, require no permits or approvals from the City, and are subject onl ~ to the following restrictions: 1. Like all other temporar}• signs, they are prohibited from being maintained on public property and public rights-of--way pursuant to Section 17.32.O10E3; 2. Like all other temporary signs, they shall not be located on private property without the oral or written consent of the property owner or other person entitled to possession; 3. Like all other special event temporary signs, temporary political signs must be completely removed not later than 5 days after the election to which they pertain. The City, pursuant to the provisions of Chapter 17.52 of this Municipal Code, may cause said signs remaining after expiration of the appropriate five day period to be removed; 4. Like all other temporary signs, if the Director of Public Works finds that any temporary political sign otherwise permitted is an immediate peril or menace to pedestrian or vehicle traffic, he ar she may cause it to be removed summarily pursuant to Section t 7.52.040C or this Municipal Code. The title of Section 17.32.090 is hereby amended to read as follows: 17.32.090 Temporary special event signs and promotional devices. Section 17.32.090E is hereby amended to read as fallows: G Nottivithstanding any provision to the contrary contained in this chapter, but subject to any maximum duration regulations contained in this chapter, all special event temporary signs must be completely removed not later than 5 days after the conclusion of the special event to which they • pertain. The City, pursuant to Chapter 17.52 of this Municipal Code may cause said signs remaining after expiration of the appropriate Live day period to be removed. r 1 LJ • Ordinance 1796 City of Cupertino Section 17.32.1000 is hereby amended to read as follows: Page 3 of 3 C. Signs within a window shall be considered temporary if they remain on the window for less than thirty days, and shall not be subject to review. Window signs intended to remain on display for more than thirty days shall be considered permanent window signs as regulated by Section 17.24.090. Section 17.32.100D is hereby repealed. Section 17.32.110 is hereby repealed. Section 17.32.120 is hereby removed from Chapter 17.32 and added to Chapter 17.24 as Section 17.24.270. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 3rd day of August 3, 1998, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 8th day of September 1998, by the following vote: Vote: Members of the Cit~Council Ayes: Burnett, Dean, Statton, Chang Noes: James Absent: None Abstain: None ATTEST: City Clerk PROVED: .i ~. Mayor, City of Cupertino • STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) CITY OF CUPERTINO ) I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City Council of the City of Cupertino, California, do hereby certify the attached to be a true and correct copy of Ordinance No. ~ 7 9Ccc ,which was enacted on ~,k[ ~ . E., -, t >/~E Z_ .:S ~ / `j ~ ,')' ,and that it has been published or posted pursuant to law (G.C. 40806). IN WITNESS WHEREOF, I have hereunto set my hand and seal this /0 X~ day of ~c,o~rn~e,t , 19 9B . ~~~ ~~~~ KIMBERLY SMI H, City Clerk and Ex-officio Clerk of the City Council of the City of Cupertino, California ordinance cenilicmc.doc