6431ORDINANCE NO. 6431
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 4.04.405 TO CHAPTER 4.04 (OUTDOOR
ADVERTISING SIGNS AND STRUCTURES — GENERAL) OF
TITLE 4 (BUSINESS REGULATION) OF THE ANAHEIM
MUNICIPAL CODE TO PROVIDE FOR THE LIMITED
INSTALLATION OF BANNERS ON STREET LIGHT POLES
OWNED AND MAINTAINED BY THE PUBLIC UTILITIES
DEPARTMENT, AND FINDING AND DETERMINING THAT
THIS ORDINANCE IS NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTIONS 15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF THE
STATE CEQA GUIDELINES, BECAUSE IT WILL NOT
RESULT IN A DIRECT OR REASONABLY FORESEEABLE
INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT,
BECAUSE THERE IS NO POSSIBILITY THAT IT MAY HAVE
A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND
BECAUSE IT IS NOT A PROJECT, AS DEFINED IN SECTION
15378 OF THE CEQA GUIDELINES.
WHEREAS, by the adoption of Ordinance No. 6042 on October 3, 2006, the City
Council of the City of Anaheim ("City Council") added Section 4.04.040 to Chapter 4.04
(Outdoor Advertising Signs and Structures – General) to Title 4 (Business Regulation) of the
Anaheim Municipal Code (the "Code") for the purpose of prohibiting signs, which is defined to
include banners, except to the extent a sign is expressly authorized by the Code; and
WHEREAS, Section 4.04.130 of the Code includes a general prohibition of banners in
the public right-of-way; and
WHEREAS, the City of Anaheim (alternatively, "City" or "Anaheim") Public Utilities
Department ("Department") owns, controls and maintains property including street light poles in
the public right-of-way that are not by tradition or designation accessible by right to the public;
and
WHEREAS, the Department's maintenance of its property is intended to preserve the
property for the purpose to which it is dedicated. It is undisputed that the public right-of-way is
used for transportation and the Department must control its property and maintain it to protect
the safety of the users of the public right-of-way, which include pedestrians and vehicular traffic;
and
WHEREAS, well-placed and visible banners installed on a temporary basis on street light
poles located within the public right-of-way is a familiar method used to promote the public's
awareness of upcoming civic and community events. Street light poles located in the public
right-of-way can also be used to provide pedestrians and commuters with important and relevant
public service announcements. However, the Department has established that the posting of
banners on its street light poles does pose a variety of safety risks including the potential for
falling banners, visual clutter, impacts to street view, and distracted motorists; and
WHEREAS, the City Council of the City of Anaheim desires to provide for limited
installation of banners on street light poles owned and maintained by the Department pursuant to
standards to promote specific civic and community events, and provide public service
announcements in a limited and reasonable manner given the unique nature of the public right-
of-way by regulating the number, size, and location of signs in order to minimize visual clutter,
impacts to street views, potential traffic hazards and protect the public's health, safety, and/or
welfare; and
WHEREAS, in adopting this ordinance, it is not the intent of the City Council to provide
a general public forum or allow any entity or person to post messages on Department -owned
street light poles other than as permitted by this ordinance. In implementing this ordinance, the
City shall not base its determination as to whether a permit shall be issued for a Street Light Pole
Banner on either the content of the requested banner, or based on the nature of the event, and
such a permit shall be issued provided that the requested Street Light Pole Banner meets all
requirements of this ordinance; and
WHEREAS, nothing in this ordinance is intended to limit the City's and the Department's
inherent right to maintain its property and hang banners from its street light poles; and
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, this City Council has the authority to enact and enforce
ordinances and regulations for the public peace, health, safety, and/or welfare of the city and its
residents; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines"), the City of Anaheim is the "lead agency" for the preparation and
consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA
Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment, because there is no possibility that it may have a significant effect on
the environment, and because it is not a "project," as that term is defined in Section 15378 of the
State CEQA Guidelines; and
WHEREAS, the City Council finds and determines that the temporary installation of
banners on Department street light poles in order to announce civic and community events or to
provide relevant public messages banners in accordance with this ordinance is a matter of City-
wide importance and necessary for the preservation and protection of the public peace, health,
safety, and/or welfare of the community and is a valid exercise of the local police power and in
accord with the public purposes and provisions of applicable State and local laws and
requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 4.04.405 be added to Chapter 4.04 (Outdoor Advertising Signs and
Structures — General) to Title 4 (Business Regulation) of the Anaheim Municipal Code to read in
full as follows:
4.04.405 Temporary Banners on Street Light Poles
.010 Purposes and Findings. In addition to the purposes stated in Section 18.44.010 (Purpose)
of Chapter 18.44 (Signs) of this Code, the purpose of this ordinance is to provide for the limited
installation of temporary banners on street light poles owned and maintained by the Anaheim
Public Utilities Department ("Department") in the public right-of-way. Well-placed and visible
banners on street light poles owned by the Anaheim Public Utilities Department in the public
right-of-way is a familiar method used to promote the public's awareness of City Events,
Community Events, and provide public service announcements. The standards established by
this ordinance are intended to promote City Events, Community Events, and public service
announcements in a reasonable manner given the unique nature of the public right-of-way by
regulating the number, size, and location of signs in order to minimize visual clutter, impacts to
street views, and potential traffic hazards to protect public's health, safety, and/or welfare. It is
not the intent of the City to provide a general public forum or to allow any entity or person to
post messages on Department -owned street light poles by the use of street light pole banners
other than as permitted by this Section 4.04.405. The City shall not base its determination as to
whether a permit shall be issued for a Street Light Pole Banner on either the content of the
requested banner, or based on the nature of the event, and such a permit shall be issued provided
that the requested Street Light Pole Banner meets all requirements of this ordinance.
.020 Definitions. The definitions contained in this subsection shall govern the construction,
meaning and application of words and phrases used in this Section 4.04.405.
"City Event" means an event or program that takes place within the City of Anaheim at a
venue that is open for attendance by the City's citizens regardless of their age, gender, race,
religion, or physical disability; is organized and administered by the City of Anaheim or by any
of its operating departments; and has been approved by the City Council.
"Community Event" means a cultural or civic event, or a series of events that promote the
City of Anaheim as a whole and is sponsored by the City pursuant to City Council Policy 1.5 as
the same may be amended from time to time.
"Street Light Pole Banner" means a sign made of fabric, cloth, or plastic used only
temporarily that is not permanently mounted or affixed to a street light pole owned by the
Anaheim Public Utilities Department, with or without enclosing framework, used to publicize a
City Event or a Community Event or that contains a public service announcement from the City.
Corporate and business trademarks, logos, or other identifiers of commercial entities shall not be
printed on the banners.
.030 Regulations.
.0301 Permit Required. No Street Light Pole Banner shall be installed by the Anaheim Public
Utilities Department unless a permit for a Street Light Pole Banner has been issued by the City
of Anaheim pursuant to this subsection. A separate permit shall be required for each Street Light
Pole Banner design and location, but all Street Light Pole Banners suspended in one city block,
or in a number of contiguous city blocks shall be deemed to be at the same location for the
purposes of the City -issued permit. Permits shall not be issued for street lights poles on streets
where the adjoining land use is primarily single-family residential or for street light poles that are
not suitable for installation of banners as determined by the Anaheim Public Utilities
Department.
.0302 Exempt Street Light Pole Banners. Nothing in this ordinance shall be construed to
limit the inherent right of the City of Anaheim or the Anaheim Public Utilities Department to
install Street Light Pole Banners announcing City Events and public service announcements.
.0303 Application, Fees, and Director Authority. Applications for a permit for the
installation of a Street Light Pole Banner authorized by this Section 4.04.405 shall be submitted
on a form prescribed by the Director of the Planning and Building Department ("Director"). A
fee for the processing of an application for a permit may be charged per Chapter 18.80 (Fees).
The Director is authorized to administer the provisions of this Section 4.04.405 and shall have
the primary responsibility for ensuring that all Street Light Pole Banners conform to the
provisions of this Section 4.04.405.
.0304 Permit Issuance. If the Director determines that all applicable provisions of the
Anaheim Municipal Code, including the provisions of this subsection and any rules or
regulations adopted by the Anaheim Public Utilities Department, are, or will be, complied with,
and that the granting of the permit will not be detrimental to the public health, safety, and/or
welfare, then a permit shall be issued; otherwise, the application will be denied.
.0305 Installation of Street Light Pole Banners must be completed by the Anaheim Public
Utilities Department and shall comply with the provisions of the Electric Rates, Rule and
Regulations, as adopted by the City. The Anaheim Public Utilities Department shall establish
installation fees and rules or regulations for Street Light Pole Banners that include all of the
following:
(1) The number of signs and total signage area allowed;
(2) The maximum individual signage area;
(3) Minimum sign separation;
(4) Illumination restrictions; and
(5) Duration of display.
.0306 Removal. Upon expiration of any Street Light Pole Banner permit, the Anaheim
Public Utilities Department, without risk, exposure, or liability, shall remove the Street Light
Pole Banner and notify the permittee within 72 hours of the date of expiration where the
permittee may pick up the Street Light Pole Banner. Upon removal of Street Light Pole Banner,
the Anaheim Public Utilities will store the Street Light Pole Banner for a period of no more than
72 hours. Upon the expiration of 72 hours, unclaimed Street Light Pole Banners shall become
the property of the City of Anaheim.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, 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 section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 35. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 27thday of March , 2018, and thereafter
passed and adopted at a regular meeting of said City Council held on the 10th day of
April , 2018, by the following roll call vote:
AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
A `CLERk OF THE CITY OF ANAHEIM
125251.15/LM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CLERK'S CERTIFICATE
ss.
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6431 introduced at a regular meeting of the City Council of the City
of Anaheim, held on the 27th day of March, 2018, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 10th day of April 2018, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of April, 2018.
ACTING CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
FILE NO. Ordinance 6431
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
SS.
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the Anaheim Bulletin, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County of
Orange, State of California; that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
04/19/2018
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: April 19, 2018.
0(,LC
Signature
PROOF OF PUBLICATION
Legal No. 0011106101
PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6431
AN ORDINANCE OF THE CITY OF ANA-
HEIM ADDING SECTION 4.04.405 TO CHAP-
TER 4.04 (OUTDOOR ADVERTISING. SIGNS
AND STRUCTURES - GENERAL) OF TI-
TLE 4 (BUSINESS REGULATION) OF THE
ANAHEIM MUNICIPAL CODE TO PRO-
VIDE FOR THE LIMITED INSTALLATION
OF BANNERS ON STREET LIGHT POLES
OWNED AND MAINTAINED BY THE PUB-
LIC UTILITIES DEPARTMENT, AND FIND- ^. ■
ING AND DETERMINING THAT THIS OR-
DINANCE IS NOT SUBJECT TO THE CALI-
FORNIA;..tV4RONMENTAL QUALITY
ACT (CE°QA) PURSUANT TO SECTIONS �
15060(C)(2), 15060(C)(3) AND 15061(6)(3) OF ,
THE STATE, CEQA GU1DE)=`INES, BE-
CAUSE IT WILL NOT RESULT IN A:D)
RECT OR REASONABLY FORESEEABLE
INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT, BECAUSE THERE IS NO
POSSIBILITY THAT IT MAY HAVE A'51G
NIFICANT EFFECT ON THE ENVIRON-
MENT AND BECAUSE IT IS NOT A PROJ
ECT, AS DEFINED IN SECTION 15378 OF
This ordinance adds Section 4.04.405 to Chapter 4.04 (Outdoor Adve*
tising Signs and Structures General) of the Anaheim Municipal Code'
for the purpose of providing for the limited installation of bannersI);
street light poles owned and maintained by the Public Utilities Q&'
Partment. p
I, Theresa Bass, Acting City Clerk of the City of Anaheim, do herebi • "
certify that the foregoing is a summary of Ordinance No. 6431, which;
ordinance was introduced at a regular meeting of the City Council -4f,
the City of Anaheim on the 27th day of March, 2018 and was duly;
Passed and adopted at a regular meeting of said Council held on thoe,
10th day of March, 2018 by the following roll call vote of the members.
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray,
Vanderbilt, Barnes, lCring and Foessel
NOES: None r
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con ;
tain'ed 1'n the two Ordinance No. 6431, which has been prepared purr.
suant to Section 512 of the Charter of the City of Anaheim. This sung- '
maty does not include or describe 'every provision of the ordinance,
and should not be relied on as a substitute for the full text of the ordt;
nonce.
To Wain a copy of the full text,of the ordinance, please contact thp,.
Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PMr'
Monday through Friday. There is no charge for -the copy.
127373/LHM
Published Anaheim Bulletin April 19, 2018 11106101 : `
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6431 and was published in the Anaheim Bulletin on the 19TH day of
April, 2018.
ACTING COY CLERK OF THE
CITY OF ANAHEIM
(SEAL)