Ordinance No. 1755
ORDINANCE NO. 1755
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 17, SIGNS, OF THE CUPERTINO MUNICIPAL CODE
WHEREAS, the City of Cupertino has recently experienced a substantial increase in the
use of public property for the affixation of temporary signs; and
WHEREAS, this increase has created a substantial problem of visual blight within the
city due to the plethora of temporary signs which have been affixed to various types of public
property; and
WHEREAS, this increase in visual blight within the city has created a circumstance
which has adversely affected the aesthetic condition of the city;
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that
Title 17 of the Cupertino Municipal Code shall be amended as follows:
17.04.030 Savings clause
The changes provided for in this ordinance shall not affect any offense or act committed or
done or any penalty or forfeiture incurred or any right established or accruing before the effective
date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any
judgment rendered prior to the effective date of this ordinance.
17.32.010 Temporary signs-Location
A. Unless otherwise specified in this article (including Section 17.32.040), all temporary
signs shall be located entirely on the site for which the use is advertised subject to Section
17.24.080 and 17.24.120.
B. No person shall paint, mark, or write on, post, attach or otherwise affix, any temporary
sign to or upon any public property, including, but not limited to, any public building, 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 otherwise 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 painting of address numbers upon curbs under pennits issued by the City.
2.
The painting on curbs and streets by authorized governmental agencies.
3.
The installation and maintenance of traffic or municipal signs, legal notices, railroad
crossing signs, danger and emergency signs, and, metal directional signs to locations
of historical, cultural, or artistic significance.
4.
The installation and maintenance of bus shelter signs installed in Santa Clara County
transit bus shelters under the tenus of any written agreement with the County of
Santa Clara.
5.
The maintenance of signs affixed or painted upon public or private vehicles.
6.
The maintenance of two banners attached to the city owned stanchions located at a
site at and over Stevens Creek Boulevard used for the display of a civic, charitable,
or educational nature or in connection with a festival or patriotic celebration.
C. Where off-site signs are pennitted, the following criteria are required unless otherwise
specified:
I. Each sign is limited to four square feet per side;
2.
3.
Off-site signs shall not be located on private property without written consent of the
property owner; and
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 pennitted by the City.
Signs over three feet in height shall not be located within a comer triangle or sidewalk
site triangle. Signs shall not be located in a street, median, island, shoulder, drainage
swale, sidewalk, bike lane, curb, gutter, or bike path.
17.32.040 Temporary political signs
A. Location. It is the intent of this section to provide the minimum regulations regarding
the posting, maintenance and removal of temporary political signs. Notwithstanding any
provision of this Article to the contrary, temporary political signs are pennitted in all zoning
districts and are subject only to the following restrictions:
1.
2.
3.
Like other temporary signs, they are prohibited from being maintained on public
property and public right of way pursuant to Section 17.32.010(B).
Like other temporary signs, they shall not be located on private property without
written consent of the property owner or the other person entitled to possession [see
Section 17.32.01O(c)(2)].
Unlike many other temporary signs, temporary political signs require no pennits or
approvals from the City.
4.
Temporary political signs shall not be placed more than sixty (60) days prior to the
election to which they pertain and shall be completely removed not later than ten (10)
days after the election to which they pertain and shall be completely removed not later
than ten (10) days after the date of such election. The City, pursuant to Chapter 17.52
of the city ordinance code, may cause said signs remaining after expiration of the
appropriate ten (10) day period to be removed.
5.
Like other temporary signs, if the Director finds that any temporary political sign
otherwise pennitted is an immediate peril or menace to pedestrian or vehicular traffic,
or to the health or safety of any person, the Director may cause it to be removed
summarily pursuant to Section 17.52.040(c).
B.
Delete this section.
17.32.090 Temporary and special event signs and promotional devices
F. Delete this section.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 7th
day of April, 1997, and ENACTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of April, 1997, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Burnett, Dean, Sorensen, Bautista
Chang
None
None
APPROVED:
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