HomeMy WebLinkAboutORD 1080ORDINANCE NO. 1080
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADDING SECTION 10.68.060 TO
CHAPTER 10.68 OF TITLE 10 OF THE PALM DESERT
MUNICIPAL CODE TO ALLOW ADVERTISING MATERIAL ON
TAXICABS
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
Section 1. Section 10.68.060, Chapter 10.68 of Title 10 of the Palm Desert
Municipal Code is hereby amended in its entirety to read as follows:
"10.68.060 Prohibited Signs. Except for those signs allowed under the provision of
10.68.060, special permits, the following signs are prohibited in the City:
A. Signs which rotate, move, flash, blink, or appear to do any of the foregoing,
including searchlights, shall be prohibited unless required by law or utilized by a proper
government agency, with the exception of approved time and temperature displays;
B. Signs on public property, in the public -right-of-way, or on public utility poles
shall be prohibited unless otherwise authorized by this chapter. Signs prohibited shall include,
but not be limited to, realtor, open house, and garage sale signs. This prohibition shall include
all portable signs including those placed on vehicles with the exception of vehicle identification
sighs, and permitted signs on taxicabs pursuant to Section 10.68.060 of this Chapter;
C. Any permanent sign which does not advertise, without reference to prices, a use
being made on the premises, name of the owner or user, or which does not advertise a product,
an interest, service, or entertainment available on the premise shall be prohibited;
D. Temporary or portable freestanding signs are prohibited except as otherwise
provided in this chapter;
E. Advertising devices;
F. Advertising displays outside of buildings;
G. Combination signs;
H. Roof signs;
I. Business and identification signs that mention more than two goods or services
sold on the premises;
J. Business and identification signs that employ slogans, sayings or mottos."
CZCU39073.2
ORDINANCE NO. 1080
Section 2.
Section 10.68.060 Permitted Signs on Taxicabs.
D. Signs and markings on vehicles. All taxicabs operated under the provisions of
this section, when situated or operated upon the streets of the city, shall have a sign attached to or
printed upon such vehicle reading "Taxi" or "Cab," and if desired such signs as may designate
the trade name under which such vehicle is operated; provided, however, that it shall be unlawful
for the operator of any such vehicle for hire operated under the provisions of this section to
permit any other signs, either painted or attached to such vehicle, to be displayed thereon except
as permitted or required by this article.
E. Advertising material permitted on certain vehicles. The operators of taxicabs
shall be permitted to display advertising material on taxicabs and make a charge for such space,
provided that such advertising matter shall be displayed only by one (1) of the following
methods:
In the rear window of such taxicab.
a. All rear window advertising shall be digital output graphic printed
on high performance perforated vinyl and shall not exceed the size of the existing rear window.
b. Rear window advertising shall not interfere with the vision of the
driver operating the vehicle.
2. In an A -shape frame or holder on the roof of such taxicab which may be
illuminated to display the advertising material contained herein. Such frame or holder and any
permanent sign contained therein shall be noise -free and shall not protrude over the front or back
edges of the taxicab roofline which is the point where the roof, windshield and rear windows of
the vehicle are joined.
a. If an ad carrier replaces the top light of a taxicab, the ad carrier
shall have two (2) amber cheater lights that illuminate when the taximeter is turned on.
b. The name of the taxi company shall be printed in letters at least 2"
in size on both ends of the ad carrier.
C. The ad carriers shall illuminate when the headlights are turned on.
d. Signs which have changing messages, rotate, move flash, reflect,
blink, or appear to do any of the foregoing shall be prohibited.
e. An emergency display light (bandit light) shall be installed on the
ad carrier and shall illuminate green in color so as not to confuse it as a meter light.
CLC\239073. 2 2
ORDINANCE NO. 1080
f. The ad carrier shall not exceed 56" in length, 19" in width, and 17"
in height extending from the roof of the taxi.
g. The ad carriers' base mount shall be attached by bolts or rivets
securing the ad carrier, preventing the ad carrier from becoming dislodged.
lamp.
h. Ad carriers may use either a fluorescent light or incandescent
The ad poster shall be a digital output graphic on translucent vinyl.
j. The cover of the ad carrier shall be made of the industry standard
plastic as used in taxi top lights.
F. Taxi signs may become subject to any franchise or other subsequently adopted
ordinance that is applicable, including any new fees.
G. Compliance with Section — Nuisance — Abatement.
1. Upon discovering the existence of a taxicab sign that does not comply
with the above stated limitations, the director of building and safety shall have the authority to
order the immediate abatement and removal thereof. The director of building and safety, or
his/her authorized representative, shall notify the owner thereof, or the owner's representative, in
person or by mailing an abatement notice to the owner's last known address. Such notice shall
state the time limit, if any, granted for removal of the sign and a statement that the owner may
request a hearing to appeal the abatement and removal by submitting a written request.
2. Any hearing to appeal an abatement order which is requested shall be
conducted within thirty (30) days of the receipt of the request by the City Council. The failure of
either the owner or his agent to request a hearing shall waive the right to a hearing. At the
hearing, the City Council shall determine whether good cause was shown for the abatement of
the sign. The written decision of the city council shall be deemed the final administrative
determination."
Section 3. If any section, subsection, sentence, clause phrase or word of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this Ordinance. The City Council of the City of
Palm Desert hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to any such decision or preemptive legislation.
(WA239073. 2 3
ORDINANCE NO. 1080
Section 4. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published within fifteen (15) days after its passage at least once in a newspaper of
general circulation, circulated in the City of Palm Desert, California. This Ordinance of the
City of Palm Desert shall be effective thirty (30) days after the date of its passage.
PASSED, APPROVED, and ADOPTED this 28th day of October, 2004, by the City
Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
.OA A. SPIEGEI!, Olk
ATTEST:
VHEW D. KLASSEN, CITY" CLERK
CITY OF PALM DESERT; CALIFORNIA
CLC\239073 2 4