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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 ORDDRFT.051 Ordinance 263 APPROVED AS TO FORM: :SAWN HONEYWEL , City Attorney :ity of La Quinta, California ORDDRFT.051 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) ORDDRFT.051 Ordinance 263 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; ORDDRFT.051 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. ORDDRFT.051 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. ORDDRFT.O51 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