ORD 263ORDINANCE 263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA AMENDING CHAPTER
5.64 OF THE MUNICIPAL CODE REGULATING SPECIAL
ADVERTISING DEVICES
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. SECTION 5.64.020 AND 5.64.030 of the La Quinta Municipal Code
are amended to read as shown on Exhibit "A", as attached.
SECTION 2. SECTIONS 5.64.035, 5.64.080, AND 5.64.090 of the La Quinta
Municipal Code are hereby added to read as shown in Exhibit "A" as attached.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall, within 15-days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution of the
City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting to be entered into the Book of
Ordinances of the City of La Quinta.
PASSED, APPROVED, and ADOPTED this 3rdday of January ,1995, by the
following vote:
AYES: Council Members Bangerter, Perkins, Sniff:, Mayor Pena
NOES: None
ABSENT: (One Vacancy)
ABSTAIN: None
& DiAl'
JOHN NA, ayor
City of La Quinta, California
9AUNDRA L. JUKOLA, City Clerk
City of La Quinta, California
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Ordinance 263
APPROVED AS TO FORM:
:SAWN HONEYWEL , City Attorney
:ity of La Quinta, California
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Ordinance 263
CHAPTER 5.64
SPECIAL ADVERTISING DEVICES
Sections:
5.64.010
Definitions.
5.64.020
Permit required.
5.64.030
Application for permit.
5.64.035
Application review.
5.64.040
Fees.
5.64.050 Revocation or modification of permits.
5.64.060 Searchlights - Operating regulations.
5.64.070 Insurance.
5.64.080 Appeals
5.64.090 Non-profit organizations fee waiver
5.64.010 Definitions.
EXHIBIT "A"
In this Chapter, unless another meaning is clearly apparent from the context, "Special
Advertising Device" means any device other than a usual and customary sign, which is utilized
outside a building to announce, direct attention to, identify, or advertise any commercial
enterprise or product, or any noncommercial organization, and includes such things as
searchlights, flags, blimps, banners, balloons, pennants, and physical replicas, reproductions
and large objects, any such device or object being of a nature that is not customarily and
routinely utilized by all commercial enterprises of similar nature or all noncommercial
organizations of similar nature. An American flag displayed on a flagpole is not a special
advertising device. (Ord.10 § 1(part), 1982)
5.64.020 Permit required.
It is unlawful for any person to use or permit to be used any special advertising device
without first securing a special permit from the City. This section shall not apply to any
governmental agency. Permits shall be issued for grand openings and special occasions and
not on a continuing basis for permanent advertising or identification purposes. Each permit
shall be issued for a specific period of time subject to renewal for good cause shown. No
permit shall be issued if the City finds that the special advertising device applied for would
constitute a traffic hazard or a nuisance to adjacent or surrounding properties or to the public
at large, or would be detrimental to the public convenience or welfare, or would not be in
harmony with the various elements and objectives of the General Plan and all other officially
adopted policies and regulations of the City. Conditions may be attached to any permit issued,
in order to harmonize it with the public purposes expressed in this Chapter. (Ord. 10 § 1
(part), 1982)
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5.64.030 Application for permit.
Any person desiring to operate or use a special advertising device, in the City shall file
with the Community Development Department an application therefor. The application shall
contain:
A. The name and address of the person making application;
B. The purpose for which the permit is sought;
C. The location at which it is desired to use or operate a special advertising device;
D. The period for which a permit is desired;
E. The hours during which the special advertising device is to be used or operated;
F. The name of the person who will be in charge of operating the special
advertising device. (Ord 10 § (part), 1982)
5.64.035 Application review.
The Community Development Department shall have the review and process authority
to approve all requests for subdivision flags per the policies established by the City Council
and approve only one 2' X 8' special advertising banner per every 12-month period for a
maximum display limit of 30-days.
The Planning Commission shall, as a non -hearing business item, have the review and
process authority to approve all other special advertising devices as permitted by this Chapter.
5.64.040 Fees.
To defray the cost to the City of administering the provisions of this Chapter, there
shall be payable in advance to the City by each applicant a fee in such amount as may be
established by resolution of the City Council. (Ord. 10 § 1 (part), 1982)
5.64.050 Revocation or modification of permits.
A. Any permit granted pursuant to the provisions of this Chapter may, after the
permittee has been afforded the opportunity of a due process hearing as stated in this Section,
be revoked or modified by the City Council for any of the following grounds or reasons:
1. Any acts done under the permit have interfered or tended to interfere
with the normal flow of vehicular or pedestrian traffic on any public right-of-way;
2. There was given any false or fictitious information in connection with
the application for and obtaining of the permit
3. There has been a violation of or a failure to comply with any condition
attached to the permit or any provision or regulation of this Chapter or of any other applicable
rules or regulations;
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Ordinance 263
4. Any other reason exists for which the permit might have been lawfully
denied in the first instance, or that for any reason the continued operations under the permit
will be inimical to the public safety or general welfare of the community.
B. Such a revocation or modification of a permit shall be made only after
opportunity has been granted to the permittee for a due process hearing before the City
Council after ten days' notice to the permittee, setting forth the nature and grounds of
complaint against him and stating the time a place the hearing will be held.
C. Upon failure of the permittee to respond to the opportunity for hearing after
receiving notice of the hearing, the permit may be revoked, or may be modified in such
particulars as are deemed necessary in the public interest, and any such revocation or
modification shall be effective upon notice or knowledge thereof being received by the
permittee, orally or in writing. Any such order of revocation or modification shall also be
effective as to any employee or agent of the permittee, which employee or agent has been
notified orally or in writing of the substance of the order.
D. Any such revocation or modification of any permit may be in addition to any
penalties otherwise provided for by law. (Ord. 10 § 1 (part), 1982)
5.64.060 Searchlights - Operating regulations.
In addition to any other conditions comprising a part of any permit, the following
regulations shall apply to searchlight operations:
A. Searchlights shall not be operated so as to constitute a traffic hazard or a
nuisance to adjacent or surrounding properties;
B. Searchlights shall be so operated so as to avoid directing the beam at any
building;
C. Searchlights shall be so operated that the beam is not displayed at an angle
greater than forty-five (45) degrees from the vertical;
D. Equipment shall be kept on private property and shall not be allowed within the
public right-of-way: (Ord. 10 § 1 (part), 1982)
5.64.070 Insurance.
The applicant may be required to show evidence of insurability by having liability and
property damage insurance in force at all times during the time a permit is in effect in
sufficient amounts to protect permittee from liability, and to hold the City harmless from any
damages, claims or causes of action, by reason of the issuance of the permit and operation of a
special advertising device. (Ord. 10 § 1 (part), 1982)
5.64.080 Appeals.
Actions of the Community Development Department can be appealed to the Planning
Commission. The Commission shall review the item as a non -hearing business item. The
decision of the Planning Commission can be appealed to the City Council who shall review the
item as a non -hearing business item.
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Ordinance 263
All appeals shall be made within 15-calendar days of the action letter date from the
Community Development Department or the date the Planning Commission took action. The
appealing body shall consider the appeal at the next available date, however, in no case shall
the Commission or Council date be more than 30-days from the date the appeal was filed.
5.6# 090 Non -Profit Organizations Fee Waiver. '4001,
Non-profit organizations are exempt from payin/.For
fees charged for the processing of
a special advertising device application per Chapter 5.6 the purposes of this section,
"non-profit organization" means a corporation, association, or other organization which is
exempt from taxation under Section 501(C)(3) of the Internal Revenue Code and Section
23701(d) of the California Revenue and Taxation Code, and which" has received determination
letters from the United States Internal Review Service and the California Franchise Tax Board
confirming its exempt status under such sections.
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 263 which was introduced
on the 20th day of December, 1994 and was adopted at a regular meeting held on the 3rd day
of January, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La kuinta as specified in a resolution of the City Council.
, IAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
tha�tl�e foregoing ordinance was posted on January 6, 1994 pursuant to City Council Resolution.
SAUNDRA L. WHOLA, City Clerk
City of La Quinta, California