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HomeMy WebLinkAbout2001-025 political and temporary signs ORDINANCE NO. 2001- 25 AN ORDINANCE relating to political and temporary signs; amending sections 15.08.040 and 15.08.110 of the City of Yakima Municipal Code. WHEREAS, the Legal Department has reviewed and recommended the following proposed amendments relating to the posting of political and temporary signs for enactment by the City of Yakima in order to conform to the Washington Supreme Court's decision in Michael Collier, et al. v. The City of Tacoma, 121 Wn.2d 737 (1993). WHEREAS, the City Council has reviewed the following proposed amendments relating to the posting of political and temporary signs and finds that it is in the best interest of the City that they be enacted, now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. Section 15.08.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.080.040 Exempt signs. Except when otherwise prohibited, the following signs are exempt from the application, permit and fee requirements of this title when the standards of this chapter are met: 1. Window signs; 2. Point of purchase displays, such as product dispensers; 3. Gravestones; 4. Barber poles; 5. Historical site plaques; 6. Structures intended for a separate use such as phone booths, Goodwill containers, etc.; 7. Official and legal notices issued by any court, public body, person or officer in performance of a public duty or in giving any legal notice; 8. Directional, warning or information signs or structures required or authorized by law, or by federal, state, county or city authority; Page 1 9. Official flags of the United States of America, states of the United States, counties, municipalities, official flags of foreign nations, and flags of internationally and nationally recognized organizations; 10. Political signs which during a campaign, advertise a candidate or candidates for public elective office, a political party, or promote a position on a public issue, provided such signs shall not --bc tcd-more -. - •; • - : - -ction to which they relate and are (i) all political sins shall be removed within fifteen days following the election;, except that in cases where a general election follows a primary election, those signs for candidates whose names will appear on the ballot in the • eneral election ma be disila ed durin the interim s eriod and u • to fifteen da s after the general election, and (ii) no political sign shall be erected upon any private property without the permission of the resident or owner thereof, and in cases where there is no occupied structure on the property, no political signs shall be placed thereon without the written consent of the owner of the property; 11. Construction and real estate signs not exceeding thirty -two square feet in sign area; 12. All temporary signs (See Section 15.08.110) except portable signs; 13. Church, school and community center name and/or readerboards not exceeding thirty - two square feet in sign area; 14. Canopies and awning signs; 15. On- premises signs not readable from the public right -of -way, i.e., menu boards, etc.; 16. On- premises directional signs; 17. Official public or court notices issued by a government agency or body or required or provided for under adopted statute. Section 2. Section 15.08.110 of the City of Yakima Municipal Code is hereby amended to read as follows: 15.08.110 Temporary signs. All temporary signs shall conform to the following: 1. No temporary sign shall be displayed for more than thirty days at any one time nor more than ninety days during a calendar year. 2. Only one temporary sign on each street frontage per parcel or lot is permited. Page 2 3, No temporary sign shall be placed in a required parking space, driveway or clearview triangle. 4. No temporary sign may be placed in the public right -of -way or an easement unless specifically permitted by the city /county. 5. Temporary signs placed on the ground shall be separated from parking and driveway areas by a curb or other barrier. 6. No temporary sign shall be displayed more than 15 days after the event for which it is intended. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this Jf day of June, 2001. ATTEST: Place, Mayor City Clerk Publication Date: 6 -8 -2001 Effective Date: 7 -8 -2001 Page 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. a3 For Meeting of June 5, 2001 ITEM TITLE: Consideration of an Ordinance relating to political and temporary signs; amending sections 15.08.040 and 15.08.110 of the City of Yakima Municipal Code SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department; and Ray Paoleiia, City Attorney CONTACT PERSON /TELEPHONE: Doug Maples, Code Administration and Planning Manager (509) 575 -6121 SUMMARY EXPLANATION: In 1993 the City Council passed an ordinance exempting political signs in the Yakima Municipal Code Section 15.08.040 and 15.08.110 regarding signs. This allowed political signs to be placed in the right of way and on other government property without regulation or permission. In October 2000, the City Council directed staff to review current regulations regarding political signs in the right of way. The City Legal Department has reviewed our present ordinance and found certain modifications necessary to comply with the constitutional standards set forth by the Washington State Supreme Court. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL . City Manager STAFF RECOMMENDATION: Request the City of Yakima Council's approval of the modifications to YMC Section 15.08.040 and 15.08.110. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -25