Ord 038-PROVIDING FOR CERTAIN LIMITATIONS ON THE USE OF ADVERTISING STRUCTURES ADJACENT TO FREEWAYSORDINANCE NO. 1.91
ORDINANCE PROVIDING FOR CERTAIN LIMITATIONS ON
THE USE OF ADVERTISING STRUCTURES ADJACENT TO
FREEWAYS WITHIN THE CORPORATE LIMITS OF THE TOWN
OF LOS GATOS, AND PROVIDING :PENALTIES FOR THE
VIOLATION THEREOF
WHEREAS, the CALIFORNIA STATE DEPARTMENT OF PUBLIC STORKS, DIVISION
OF HIGHtTIAYS, and the Ta N OF LOS GATOS are actively engaged in the de-
velopment of a freeway within the. Town limits, designed and arranged
for--,the movement of large volumes of vehicular traffic efficiently and
safely at high speed; and
WHEREAS, advertising structures, billboards and signs erected
adjacent to a freeway for the primary purpose of being viewed therefrom
divert the attention of motorists from the o-oeration of vehicle and. dis-
tract their attention; and
WHEREAS, the erection and maintenance of such advertising struc-
k tures,.billboards and signs create.a hazardous condition, all to the
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detriment of the: public health, `safety and welfare; and
WHEREAS, landscaped borders have been And are customarily provided
adjacent to the roadways as a part of the improvement of freeways for
the purpose of preventing, distraction from the. operation of vehicles;
NOW, THEREFORE,
The TOWN COUNCIL; OF THE Tt7dTN OF LOS GA.TOS DOES ORDAIN AS FOLLOWS:
Section 1. ADOPTION. There is hereby adopted an ordinance pro-
viding for certain limitations on the use of advertising structures
adjacent to freeways within the corporate limits of the Tmn of Los
Gatos.
Section 2. DEFINITIONS,
(a) Advertising Structures. The term "Advertising Structure"
shall be deemed to mean any structure, object or device erected, main-
tained or used for advertising purposes, and not within a building, and
shall include all outdoor advertising matter attached to or pasted or
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painted, upon any building, structure or object other than vehicles
transported on the public streets.
(b) Billboard. The term 'Billboardfi shall be deemed to mean an
advertising structure with a solid or nearly solid advertising surface
supported wholly or in part on the ground:
(c) M o. The term "Sign1° stall be deemed to mean any adver-
tieing structure not a billboard within the above definition for "Bill
boa~dm
(d) Freewaso The term *Freeway" shall be deemed to mean a high
way in respect to which the owners of abutting lands have no right or
easement of access to or from their abutting lands or in respect to
which such owners have only limited or restricted right or easement
of access, and which Is declared to be such in compliance with the
Streets and Highways Code of the State of California,.
Section 3. ADVERTISING STBUCTURES PROHIBITED' ADJACENT TO FREEWAYS.
No advertising structure, billboard or sign shall be erected, con
strueted, relocated or maintained in.the Town of Los Gatos:
(a) If such advertising structure, billboard or sign is designed
to have or has the advertising thereon maintained primarily to be
viewed from a freeway; or
(b) If such advertising structure, billboard or sign, because
of its location, size, nature or type, constitutes or tends to consti-
tute a hazard to the safe and efficient operation of vehicles upon a
freeway, or creates a condition which endangers the safety of persons
or property thereon.
Section 4. EXISTING ADVERTISING STRUCTURES, BILLBOARDS AND SIGNS.
All advertising structures, billboards or signs which do not conform' .
to the regulations contained in this Ordinance, but which were con-
structed in compliance with provisions of existing ordinances, shall
be regarded as non-conforming and may be continued., except that:
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(a) Within three (3) years.from the effective date of this
Ordinance, or within three (3) years from the date a freeway, or por-
tion thereof, is open to public travel, whichever date is later, all
advertising structures, billboards or signs which are in conflict with
the provisions of this Ordinance shall be removed, or shall be arranged
or relocated so as to eliminate any conflict with the provisions of
this Ordinance.
The Town Building Inspeetor, Town Manager and Chief of Police shall
deter=mine by majority decision whether or not any such advertising struc-
lures, billboards or signs are in conflict with the provisions of this
Ordinance. If it is determined that any such advertising structure,
billboard or sign is in conflict with the provisions of this Ordinances
the property owner shall be so informed by written notice of such deci-
sion, mailed as hereinafter set forth, and said property owner shall re-
move, rearrange or relocate such advertising structure, billboard or
sign within said three (3) year period;
(b) No such non-conforming advertising structure., billboard or.
sign shall be altered, reconstructed, or relocated unless the same,
when so reconstructed, altered or relocated, will not be in conflict
Terith any of the provisions of this Ordinance and will conform in all
respects therewith.
(c) Appeal. Decisions of the Building Inspector, Town Manager
and Chief of Police which determine that any such advertising structure,
billboard or sign is in conflict with the provisions of this Ordinance
shall, upon written request of the property owner, be reviewed by the
Town Council. Such request mast be in writing and east be made and
filed in the office of the Tovn Clerk within ten (10) days after notice
of said decision. Notice shall be complete.upon.. deposit in the United
States mail of the decision in an envelope postpaid and addressed to
the property owner at. his address as the same appears on the last
assessment roll of the Town of Los Gatos. At its next regular meeting
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after receipt of such request for review, the Town Council shall sot
a time and place of hearing, which hearing shall be held not loos than
ten (lo) days nor more than thirty- one (31) days thereafter, and a five
(5) day written notice of the time and place of such hearing shall be
mailed by the Town Clerk to such property owner in the manner herein
above set forth. The Town Council may, by resolution, adopt rules of
procedure for such hearing and determine whether such advertising struc-
ture, billboard or sign is in conflict with the provisions of this
Ordinance. The determination of the Town Council shall be final and
conclusive.
Section 5. NEW ADVERTISING STRUCTURES, BILLBOARDS AND SIGNS.
Every application for an advertising structure, billboard or sign, vis-
ible from a freeway shall contain a statement by the,applicant that
said advertising structure, billboard or sign is not to be viewed pri-
marily from a freeway,
Every application shall be considered by the Town Building In-
spector, Town Manager and the Chief. of Police, and :they' shall determine
by a majority vote whether or not the proposed advertising structure,
billboard or sign is to be viewed primarily from a freeway.
No permit shall be issued to erect, construct or relocate any
advertising structure, billboard or sign, regardless of location, having
the advertising thereon viewed primarily from a freeway.
No permit shall be issued to erect, construct or relocate any adver-
tising structure, billboard or sign, regardless of location, which con-
stitutes a hazard to the safe and efficient operation of vehicles upon
a freeway, or creates a condition which endangers the safety of persons
or property thereon.
All applications for permits for advertising. structures, billboards
or signs which are in compliance with Sections 3 and 4 of this Ordinance,
and not.in conflict with any other ordinance of the Town of Los Gatos,
shall be approved and a permit issued by the Building Inspector of the
Town of Los Gatos.
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Decisions of the Building Inspector, Town Manager and Chief of
Police, which deny any such e.pplication shall, upon i~ritten request of
the a plic«nt, be reviei,,fed by the Town Council.. Such request must be
made in i.rritIng and must be f iled in the of fic of the Tovn Clerk i=ith-
in ten (10) days after notice of said decision denying said a.pplication-.
The procedure for giving notice and setting a time and place of hearing
and rules of procedure shall be as hereinabove set forth in Section.4 (c)
of this Ordinance,
'-Section 6m PENALTIES. Any person firm or corporation violating
any of the provisions of this Ordinance shah, be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined the sum not to
exceed Five Hundred (4 500 ®00) Dollars, or imprisonment In the County
Jail of the 0oun11; y of Santa. Clare not to exceed sax (6) months, or by
both such fine and imprisonment.
Section 7, SEVERABILITY, If any section, sub-section, sentence,
clause, or phrase of this Ordinance is for any reason held by a Court
of competent ju.rrisdictiorr to be invalid, such decision shall not affect
the validity of the remaining portions of this Ordinance, The Town.
Council hereby declares that it would have passed this Ordinance and
each section, sub-section, sentence, clause, and phrase hereof, irrespec-
tive of the fact that any one or more sections, sub-sections, sentences,
clauses, or phrases be declared invalid.
If any provision of this Ordinance or the application thereof to
any person or circumstances is held invalid,.such invalidity shall not
affect other .provisions or applications of the Ordinance which can be
given effect t,,ithout the invalid provision or anplica•.tion, and to this
end the provisions of this Ordinance are declared to be severable.
Section S. This Ordinance shall take effect and be in force
thirty (30) days from and after date of its passage and before the
expiration of fifteen (15) days after its passage it shall be published
once with the names of uhe members voting for and against the same in
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the Los Gatos Times-Observer, a newspaper published in the Town of
Los Gatos.
INTRODUCED at a regular meeting of the Town Council of the Town
of Los Gatos, State of California, held on the day of ,
1955.
PASSED AND ADOPTED AS AN 0IRLDIINANCE OF THE TO?ripN OF LOS GATOS,
CALIFORNIA, at a regular meeting of the Town Council thereof, held on.
the-_..day of y _.I 1955, by the following vote:
AYES: 0 OUNC IUNIEN
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tA
NOES: (COUNCILMEN
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ABSENT: CCUTNCILI~, EN ""I OF TH IT 0?rd N 0. S ~A
ATTEST:
T 0i~ ld LL E F THE 71M CF LOS GATCS
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