Title
Ordinance adding Chapter 10.78 to the South San Francisco Municipal Code regulating signs on motor vehicles parked, left standing, or operated on city streets or public lands.
body
WHEREAS, Chapter 20.260 sets forth restrictions on signs attached to vehicles within the City of South San Francisco (“City”) when those vehicles are on private property;
WHEREAS, among other restrictions, Section 20.360.004 currently restricts signs mounted, attached or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises, with certain exceptions;
WHEREAS, the City desires to establish further restrictions for signs on vehicles parked, left standing, or operated on city streets or public lands that balance the constitutionally guaranteed right of free speech while also preventing cluttered or distracting signage that creates aesthetic blight and impacts traffic safety throughout the City;
WHEREAS, signs that are mounted or attached to vehicles that extend beyond the body of a vehicle when the vehicle is parked, left standing, or operated on city streets or public lands threaten the public’s health, safety, and welfare;
WHEREAS, signs that are mounted or attached to vehicles that extend beyond the body of a vehicle when the vehicle is parked, left standing, or operated on city streets or public lands create aesthetic blight that adversely affects the quality of life and traffic safety in the City, including but not limited to creating unsafe driving conditions and impacting the line of sight for residents, businesses, pedestrians, bicyclists, and persons in vehicles;
WHEREAS, the City Council now wishes to add Chapter 10.78 to the South San Francisco Municipal Code to establish restrictions for signs mounted or attached to motor vehicles parked, left standing, or operated on city streets or public lands when those signs extend beyond the body of the vehicle;
WHEREAS, this restriction on signs will be applied in a content-neutral manner specific to the noncommunicative aspects of the sign, including the time, place, manner, location, size, height, and orientation of signs;
WHEREAS, the modest scope of this restriction is content‐neutral, narrowly tailored to serve a significant governmental interest, and provides alternative avenues of communication;
WHEREAS, the reasonable time, place, and manner of the restriction is narrowly tailored to reduce or eliminate the negative effects on traffic safety and aesthetic blight that affects the aesthetic quality of life within the City without restricting the content of signs; and
WHEREAS, this restriction leaves open ample alternative means of communication, including but not limited to the use of signs on or in vehicles that do not extend beyond the body of the vehicle, passing out leaflets, or putting up yard signs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS.
SECTION 1. Findings
The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference.
SECTION 2. Addition of Title 10, Chapter 78
The City Council hereby adds Title 10, Chapter 78 (“Regulation of Signs on Motor Vehicles Parked, Left Standing, or Operated on City Streets or Public Lands”) of the South San Francisco Municipal Code to read as follows:
Chapter 10.78 REGULATION OF SIGNS ON MOTOR VEHICLES PARKED, LEFT STANDING, OR OPERATED ON CITY STREETS OR PUBLIC LANDS
10.78.010 Purpose.
The Council finds that signs attached or mounted to motor vehicles on public streets or public lands that extend beyond the body of the vehicle are a distraction to the traveling public, adversely affects line of sight conditions, and create aesthetic blight that threatens the public’s health, safety, and welfare. This chapter ensures that signs on motor vehicles do not create a distraction to the traveling public, do not adversely affect line of sight conditions, and do not create aesthetic blight when the motor vehicle is on public streets or public lands.
10.78.020 Signs on Motor Vehicles on Public Streets and Public Lands - Prohibited.
(a) It is unlawful for any person to park, leave standing, or operate a motor vehicle on any public street or public lands in the City of South San Francisco when a sign that extends beyond the body of the vehicle is mounted, attached, or painted on the motor vehicle.
(b) For purposes of this section, “extends beyond the body of the vehicle” means that the sign extends beyond the portion of the vehicle body as specifically designed by a vehicle manufacturer as defined in California Vehicle Code Section 672 and licensed pursuant to California Vehicle Code Section 11701; and “sign” has the same meaning as defined in Chapter 20.621 of this code.
(b) Exceptions to this chapter may be made for signs subject to federal or state governmental regulations that may be in conflict with this chapter.
10.78.030 Violations; Penalty.
(a) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 1.24 <https://ecode360.com/43423586> of this code.
(b) Each and every violation of this chapter is declared to be a public nuisance and shall be subject to all remedies and enforcement measures authorized by the South San Francisco Municipal Code, including but not limited to the issuance of an administrative citation and fine in accordance with Chapter 8.54 of this code.
(c) Each and every sign attached, mounted or painted on a motor vehicle is a separate violation of this chapter.
(d) Any person violating any of the provisions of this chapter, when such person has not previously been found to be violating this chapter, shall first receive an educational notice of the prohibition established herein.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance.
* * * * *