O2440City Council Meeting: 09 -24 -13 Santa Monica, California
ORDINANCE NUMBER 2440 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE SIGN CODE ALLOWING CITY
SCHOOLS USE OF ANIMATED SIGNS FOR PUBLIC SAFETY AND
SCHOOL PURPOSES
WHEREAS, the City's Sign Code, which was originally adopted in 1985
and has been subsequently modified and clarified, advances a variety of
purposes and community values, which are expressly set forth in the
Code. These purposes and values include, but are not limited to: the
protection of individual rights of expression; the protection of public health,
safety and welfare; the preservation of street safety for drivers, pedestrians
and others; the maintenance of community aesthetics; the protection of
economic interests, including the interests of business and property owners;
property values; and
WHEREAS, in developing the Sign Code and the currently proposed
amendment, the City Council has been mindful of legal principles governing
sign regulation; and the Council does not intend to infringe upon rights of
expression guaranteed by the federal and state constitutions — rights which
are highly valued in this community; and
WHEREAS, in assessing the proposed amendments to the Sign Code, the City
Council has been advised of and has considered the legal principles enunciated in
decisions of the United States Supreme Court and United States Court of Appeals for
the Ninth Circuit, which explain parameters of First Amendment protection; and
WHEREAS, Santa Monica is a small and extremely densely populated beach
community with a workforce that far exceeds its residential population and visitors
number in the millions each year; and
WHEREAS, maintaining street safety and traffic circulation is very difficult
because the City's street infrastructure is old and the streets are crowded with
automobiles, buses, bicycles utilized by residents, workers, visitors and motorists who
pass through the City to access Interstate 10; and
WHEREAS, in order to keep streets safe, the City must take extraordinary traffic
control measures, including animated signage that can be moved and modified to meet
changing circumstances; and
WHEREAS, one of Santa Monica's primary values is education, a value that the
City honors by supporting local schools and the education community in a variety of
ways; and
WHEREAS, to help Santa Monica's schools succeed Council wishes to modify
the City's Sign Code to allow schools to communicate with the community through
animated signage; and
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WHEREAS, such signage is generally prohibited, but the Council finds that the
special role schools play in the present and future life of the community warrant an
exception to that prohibition.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.52.150 is hereby amended
to read as follows:
9.52.150 Prohibited signs.
The following signs, and any sign not authorized by Section 9.52.130 or Section
9.52.140, are prohibited:
(a) Animated signs. Animated signs except that: (1) the City may use
animated signs to preserve roadway safety and traffic circulation; and (2) primary and
secondary schools may use animated signs on school property for school purposes.
(b) Balloon signs.
(c) Emitting Signs. Emitting signs except that devices for communicating
with customers at drive -in restaurants, automated bank tellers, and drive - through banks
may use sound communication.
(d) Free - standing and pole signs.
(e) Miscellaneous Signs and Posters. Miscellaneous signs and posters
tacked, painted, posted or otherwise affixed on the walls of a building, or on a tree, pole,
fence or other structure, and visible from a public way.
(f) Off - premises signs.
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(g) Paper, Cloth or Plastic Streamers and Bunting. Paper, cloth, or plastic
streamers and bunting.
(h) Portable signs, except temporary signs authorized pursuant to Section
9.52.135.
(i) Roof signs.
(j) Upper level signs.
(k) Vehicle Signs. No person shall park any vehicle or trailer on a public
right -of -way or public property or on a private property so as to be visible from a public
right -of -way, which has attached thereto or located thereon any sign or advertising
device for the basic purpose of providing advertisement of products or directing people
to a business or activity located on the same or nearby property. This Section is not
intended to apply to standard advertising or identification practices where such signs or
advertising devices are painted on or permanently attached to a business or commercial
vehicle.
(1) High -rise signs.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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 this Ordinance and each and every section, subsection, sentence, clause,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 24`" day of September, ?013.
Terry O'Day, Mayor Pro Tern
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2440 (CCS) had its introduction on September 10,
2013, and was adopted at the Santa Monica City. Council meeting held on
September 24, 2013, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Davis, Holbrook, Vazquez,
Mayor Pro Tern O'Day
McKeown, Winterer
Mayor O'Connor
A summary of Ordinance No. 2440 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah Gorman, City Clerk