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HomeMy WebLinkAboutORD NO 182SECTION 1. SECTION 2. ORD]NANCE NO. -/'.F~ AN ORDINANCE REGULATING THE CONSTRUCTIOn", ERECTION, MAINTENANCE OF BILLBOARDS IN~ AND.' '- UPON PUBLIC OR PRIVATE PROPERTY, REQUIRING." .- "':: A SEmviIT THEREt,DR AND PROVIDING A pENA~'~.~],'.F,.:.',.ZT.. .- FOR ViOL ~IOi~ OF THE PROVLS~ONS .0F .l~t.IS ORDIN-. 'ANOE AND EPE~ZiNG ORDINANCE NO. S55 and. all . """"- other ordinances and parts of ordinances.'i'.~..... " BE IT ORDAINED B~ THE COUNCIL"f~F THE CiTY OF BAKERSFIELD, as follows: ':': "BILLBOARDS" DEFiI~ED. .:":.' ·:,.. '.'..~,~. · . ,... -'.. :.~.. .... :...~.~. ..... ;. The term "Billboard" as 'u..sed in this .~rd.ina~i~'~..:'... hereby defined to be any board, fence, sign or stFacture erected for advert:msing purposes' or.upon which any ~dvert~Se~nent is sho~, or whereon an~ po ste~, bill, printin~, painting' '~:"" '~'~"'or othe~ advertising matter of ~ny kind whatsoever may be placed, stuck, tacked, posted printed,· painted, pasted, or fastened, but this definition shall not be held to include any board, sign oFf- face used to display official notices,· issued by any.bourt or public office, or posted by any public 8fficer~?in..~e. perfor- mance of a.public duty, or used to display ann'6~~nt of meetings to·be held upon' premises whereen such billboards or bulletin boards·are displayed, or used to advertise any business conducted on the premises where such billboard or bulletin board is located, nor Shall it be held to include a.re. al.estate sign, advertising for sale or rent the property upon w/hich it stands.-· HEIGtIT OF ADVERTISING SURFACE. No .bi-llboard shat ! have -an--advert-i-sTrrg--surf-ace of more than ten (lO) feet from the lower to the upper edge thereof. -SECTION SECTION 4. BIL~BOA~'DS ON BUILD - corporation to 'attach~any billboard or signb6ard to..~.the. Sides or rear walls' of any building', unless tH~""~s~e '~.be ~piaced fla~ against the-~urface of ~he building and saf~!y~ and secure- ly anchored or fas~'ened thereto in a manner satisfa~'~'ry to the Building inspecto~.'of the 0i~y of Bakers field', EIGHT· AND DISTAN'CE FROM THE' GROUND OF B ILL'BO' ~RDS. . It shall be ~mlawful for any ·person, firm or corpora- t 'o-construct or erect any billboard'as defined l~erein, within the ~i'ty ·of- Bakersfield at a greater height than fifteen 'feet six·inches above the level of the adjoinin~· street. .~Vhere the Erade of the adjoining street .or streets has not been established, no billboard or signboard shall be constructed or erected at a greater height than fifteen feet six inches above' t~ level of 'th~ ground upon 'which such.billboard is erected. The face of every billboard within the fire limits shall be of incombustible material, but.the supports and framework of the same may be of-wOod.~' The base of the billboard shall, in all cases, be at least three feet six inches'above the level of the .ground at .the. point where the board is to be erected. Every said billboard must be'constructed and located in accordance roof of any building. ~·with·the provision·s of. this ordinance and shall be subject to the. Approval of the .'Buildin~ Inspector~ provided all the ford- going provisions.shall in'no way interfere with any person, firm or corporation erecting or constructing a billboard on the SECTION S. :ONSTRUCTION APECiFICATIO~. All billboards with an advertising surface in ex- cess of twenty (20) square feet shall be constrUe.ted according to the following specifications, provided, howeveP,'.'th·at these · specifications shall not be considered tO-··interfere with any additional requirements for safety as may be dem.~d~ed by the Building Inspector of the'City of Bakersfield. The surface.of the billboard shall be securely fastened to a framework, the posts-or uphights of which shall be of red wood not less than four (4)'inches by six (6) inches in di'mensions, said posts to be'spaced not more than eight (8) feet apart'and shall extend to the top-of the billboard; said posts to be set not less than three (5) feet in the ground and the earth about them to be securely tamped into place. The material.which comprises the surface of tbe billboard shall be securely attached.to wooden stringers, which.stringers shall run continously the entire length of'the billboard. There shall not'be less·~han one (1) stringer,~ two (~) inches by fou~ (4) inches in dimensions, for each four (4)~·feet or ~action thereof that the surface of such billboard is in height, pro- vided however, that when the advertising surface of a billboard does not exceed ten (lO) feet in height, three (5) wooden stringers may be employed; the One to which·the top edge of the advertising surface is attached be two.(~).inches by six (6) inches in dimensions; the one to which the middle of the advertising surface is attached shall be two .(~) inches by four (4.~.inches in dimensions, and tb.e one to which the lower edge of the advertising·surface is attached shall be two (~) inches by·~six (6) inches in dimenS~ons..Each wooden stringer shall be attached to each post with three (3) 30d nails. vertical~'post~ shall be by wooden· braces two (2) inches by six (6)'inches in dimensions; one brace to each post; each brace'to be securely attached tO the.~o~'or. within two (2)' feet of the top of each post with"three (3) 40d nails. The lower end shall be securely attached with three (3) 40d nails to a redwood anchor post not less than four (4) inches by six (6') inches by five (5~ feet in dimensions. Said anchor post shall be set back 6f the vertical post a distance equal to ~hree-q~arter~. (3/4) of the total height of the bill- board above the. ground, and said anchor post shall be set not leas than four (4)' feet in the gound and in such a position as to male an angle of approximately ninety (90) degrees with the brace. A cross-piece fourteen (14) inches long of two (~) inch by six (6) inch redwood shall be secureiF nailed with 'three (3) 30d nails across the back at the lower end of the anchor post, and a piece of redwood, two·(2) inches by six (6) inches-by .fourteen (14) inches in dimensions, shall be s~curely ~'nailed with three (3) 30d nails across the fro~t of the anchor post six (6) inches below the ground surface. Redwood anchor posts not less than four (4) inches by six (6) inches by five (5) feet in dimensions', or concrete or steel anchor posts of other types of"e~ual strength may be substituted for the fore- going with the approval of the Building Inspector. if~ere the vertical posts rest upon the foundation wall or bulkhead, they shall be securely fastened to the same by. means of steel dowel- pins, set at least four (4) inches into the foundation wall or bulkhead. There shall be one pin to each post. ~en a bill- board is built .in an excavation so that the height of said bill- board above .the ~.o~.ound is such that the len.~ths of the posts and br.~e,s,~., ~,bO-.ve ground exceed_ sixteen .(16) feet, the po~ts and braces ~.~.~11 be strengthened by means of re-enforcing braces. SECTION 6 'No billboard as ·defined in this ordinan6e"s~al~'.be.'..-'.. erected or m~intained within the. City unless a Permit sha.l~Vj:-:]'~,..,. first have bean secured b~7' the person, firm or corporation.,._~.*~;~ siring-to erect or maintain such billboard or signboard from the Buiiding Inspecotr, to ~v~om application for 's~ch permit shall be made; and such application shall be accomD~n'i-'ed by such plans and specifications of the proposed billbQ~rd and the location of'same as are necessary to fully advise'and acquaint the. said Building Inspector with the constructeion of such pro- posed billboard or signboard. If the plans and specifications' accompanying such application shall be in accordance with the provisions of this ordinance, said Building inspector shall thereupOn'issue a pe~i.t for the erection of such billboard upon the pa.Vment by the applicant o'f a fee as-hereinafter fixed. SECTION 7. · ALTERATION AND REPAIR OF 'BILL'BO'ARDS. No materia-1 alteration of any billboard or sign- board. nor removal from one locatio~ to another shall be made except upon a written permit'issued by'.the Building. Inspector of said. City authorizinE such alteration or removal; and such permit shall· be issued-upon application in. writing made to such · . Building inspector by the owner of such billboard ..': or by the person in charge, possession or ['control thereof·, a-~Ompanied by a plan.of the proposed al~e~ations or repairs to be made and a written statement covering'the proposed'removal from one location to another a~d its reconstruction: in the new location, which.' said alteration and repairs or removal shall be made in accordance with the·provisions .of'~hi~"ordinance and the.ordinances of the City of BakerSfield.. Where such ~~ ordinance:and are'satisfacte~.to''~'':'~' ' SECTION 8. SECTION 9. and approVed b°y the Building Inspect.or, such'BUilding InspeCtor shall ismue'a permit upon the' payment of a fee the~.a~. . ""'.>~.':'-:r' to apply to-the changin~ of any ad~ertisin~ matter of .any bill- board, nor the ref~cin~ of the fra.me~ork .-snpportin~ s~"ne. " 7'.:.:. "" · ~XZS~I~ G. OE EEEZAFT.ER. OO~8TEUCTEDo -':'.:.:P'~;'." "' .'.'-.f' All..billboards and signboards now in existence or 'hereafter to be constructed, erected o~ mai. ntaiBed,, sha. ll be . made, constructed,.' erected and. maintained of suf'fi:c:~ent strength -. . "::...::.:;!.: :;; '.:~ · to withstand a wind pressure of twenty p.ounds per-,~ e foot of surface without stressing the material beyond the safe limit of stress given elsewhere in 't~is ordinance. CHANGE IN EXISTING BILLBOARDS. NO surface billboard constructed' or erected prior to the passage o:~ th~s ordi~anoe shall 'be ~intained after . -....;., . . .. . .... .-....-... 'tHere is a cle. ar space of at least .three 'fEeet° six inches (3' 6")-' above the level of the adjoining street.. If, howe. V. er, the' L level of the ~round where the billboard o~ sigm~board .is erected or maintained is"above the level of the'St~e$~.-~'then theremust be.a clear space of at least three (3) feetLbetween the'bottem ~.o~ f~ce of t'he billboard and the levei~of th~ ground at'the point where ~the billboard ls ~ected or maintained.' · SECTION 10. SECTION AND PROPER MAINTENANCE . SC . · No paper, cloth or advertising matter..~s~all be · allowed' o.r permitted to hang loose from any bil~bo. ard.,' 'b.ut..:.~. the same '~hali 'be securely fastened or glued to the ~~ .o the billboard~ ':. " NO' PROTRUDING TACKS OR NAILS. ';"' All billboards which are constructed on street lines or within three (3) feet therefrom, shall.hav~ a Smooth surface and no nails, tacks or wires' shall be 'permitted to protrude therefrom, except electrical reflectors or .devices .extending over the top and in -front of the billboard..~j....t:.y...o be used for illuminatin~ purposes. ;:'f""" DUllY. OF BUlLIX NG INSPECTOR - O~]~'ER ' S NAME' TO BE PLACED ON TOP OF BILLBOARD - ANNUAL INSPECTi ON. SECTION 12. .. It shall be the duty .of the 'Building Inspector to inspect all plans and-specifications submitted in 'c'onnection with the erection or construction· or the"'alteration. or repair of any billboards or c6nstruction or alteration or repai0i~ of any billboard and to'approve the same if the method .of cOnstruc- tion and provisions made for fastening,..S.ecuring, anchoring and maintaining such billboard are-' such .as will' serve to protect the public and. to render such billboards safe and substantial. It is further made the duty of. the. Building .Inspector to. exer- cise supervisiOn'over all billboa~d~ 'and' signboards erected or being maintained uhder the provisions of 'this ordinance, and to .~:-cause inspection by inspectors in his department of' all such billboards to be.made once each '·year and oftener where the condition 'of such'.'boards so require; and'~hene~:l~ shali~"~' .' appear. to sa Building l'nspSctor that such billboard has been erected in. violation of this ordinance or iS.~in..an unsafe condition. or has become unstable or insecure or ~i.~.~.i¥._ such .a condition. as to~b~ a menace to .the safety er health . ,.~. he shall thereupon issue or cause to' be issued a notice in writ- · ...~ · ing to the owner or such billboard or person'in 'ch'arge, posses.S~.'~.... ion or control -~ereof, if the whereabouts of sU.ch ~pe~son is .... :knoE~ informing such person, fi~m or corporatio~'~v~he viola-. tion of thi~ ordinance and the d~gerous condition of such billboard and directing him to make such al.terations or repairs t~."reto, or to do such acts or things, as are necessary or advisabl'e · to place such billboard in a safe, substantial an~-S. ecure '.~.~;... condition and' to ma~e the s~xe comply wit'h the '~e~irements of this .ordinance within such reasonable time as may be stated in said notice. If the owner or person in .charge, possession or control of any billboard when so notified Shall refuse, fail, or neglect to. comply with and conform to '.the requirements of s.~.~. notice,.. ~aid Building inspector shall, upon the expiration of the time therein ~entioned, alter, chan~e, tear down or cause to be torn.~own such part of such billboard as is constructed and ~aintai. ned in violation of this ordinance, and shall charge the expense ~e' the pwner or person in possession, charge or -.c-on~rol of such. billboard or signboard which shall be recovered from them by appropriate l'eEal preceedin~s. If the owner of such. billboard or the person in charge, possession or control thereof cannot be found, or his or their ~hereabouts cannot be ascertained,. the 'Building Inspector shall attach or cause to be attached to said billboard, a notice of the s~me import' as that required to be sent to the owner or person in charge, possession-or.control thereof, where t-he owner is known; and if such 'billboard or to this ordinanc~ signboard. s~l.1-~.'have been 'made to conform and be pl'- ced ~n a s~ecure ..'. condition, in ~ccordance with the requirements of such notice, 'within thirt~ days after such notice have been .attached to such billboard, it shall be the duty of the ~uilding Inspec- tor to thereupon cause such billboard or such·portion thereof as is constructed and maintained i~ violation of this ordinance to be torn down; provided that nothing herein contained shall ,~ prevent the ~uilding inspector fro~ adopting such-precaution- ary measures ~s may be necessary or advisable in...case.of imminent danger in order to place such billboard ~n a safe condition, .the expense of-~ich shall be charged to and ~ecovered 'frOm .the owner of suc~ billboard or p~r~s'.on 'in charge, possession or control thereof in any appropriate proceedinEsi.'~her'efor No permit shall be issued to any applicant for permission to erect a billboard or signboard unless such·:a.pplicant shall agree to ·place and maintain on the top of such billboard the nam._e of the person or corporation owning same or who is in Charge possession or control thereof· It.shall be the duty of the Building Inspector to require that the.nan~e of the per- son or.corporation owning,·or in.possession, ~harge or control Of'such billboard is placed upon·s~ch.:b~t~O~ard or signboard -forthwith upon the erection thereof and is kept thereon at all times such billboard is maintained; and in case the owner of such billboard or the person in charge,.~possession or control thereof shall fail or refuse to place and maintain such name on the same, they shall be subject to the penalty hereinafter pro.- vided for. Every person, firm,. or corporation engaged in the business of erecting billboards for'the purpose of display advertising-shall file with the Building Inspector within ninety ~'90) days after the passage of this ordinance a full and complete report of the location and size of all existing billboards or signboards FEES FOR P~RMiTS AND ANNUAL iNSPECTION - IND~IN I FYIN G BOND. · *9* .....~-:,,' :~ . .., :- .. ~.:-,_..:,..~',.~,f~;~:.....-..: .'....:.' :-,~:~ ...:...... _:..... . ......--.'..~ c:~,.....~;_~.::.-....- ....-.'. ::.. ...... L.. '. '7 SECTION 13. (a) The fee to be charged for permits issued for the erection or'construction of billboards or for the alteration thereof shall be Dollars for each twenty-five feet of billboard erected or altered. An annual fee shall be charged every person,'firm Qr corporation as ,owner, or in possession, charge or control of any billboard for inspec- tion of such billboards or signbgards which shall be one ($1.00) dollar for 'each twenty-five lineal feet of billboard, or fraction- al part thereof. (b) Every person, firm or corporation engaged in the business of constructing and erecting billboards shall file with the City Clerk a penal bond, with sureties to be approved by the Building InspectOr in the sum of~,A~~ ($~,k~~ ) Dollars, conditioned that such person, 'firm or corporation shall faithfully comply with the provisions and '~equirements of this ordinance with respect to the construction, 'alteration, location and safety of billboards or signboards and for ~he payment of the inspection fees required by said ordinance; and conditioned further to indemnify, save and keep 'h~mless said City cf'Bakersfi.eld and its officials, from any:.~ and all claims, damages, liabilities, losse.s, actions, suits or.' judgements which may be presented, sustained, brought or 'secured -~against the City Sf~;Bakersfield or any o.f:.its officials on account of the construction, maintenance, altera~i'on or removal of any of said billboards or by reason of any ~.C~idents caused by or r'esul~ing therefrom~ ~RONTAGE CONSENTS REQUIRED.' SECTION 14. It shall be unlawful for any person,· firm or corpora- · -. ~. . . .:~..~-,~-. .... -10- . _ · . . .... ',Z..' .::.:'..!.'.,.-~...;.":.~; ......~;~:-. ::... SECTION~~.' tion to' e're or' construct any billboa in any block on any public street in which one-half of the'building~j. ~f the. stree~-"are used.exclu-s. ively for. residence out ·first obtaining the c6'nsent in writing of the owner.s-.~=~...y~ .-~. duly authoriZed.agents' of said o~mers.owning a.~.m~j~o.rity 'o~" the f~6n'tage of the property on both sides of the .'st~e~e-t~ in the block in which 'such billboard is to be '.erected,. constructed . pP located~ Such written consents shall"be filed with the .?. Buildin-g inspector before a petit shall be' issued fop the ePecti0n, construction or location of ·suCh· billboard ·signboard, PENALTY. Any person, firm or corporation owning, operati.~g, maintaining or in charge,-pOssession or control of any billboard within the City of Bakersfield, who shall'-neglect'or refuse to comply with the provisions of this Ordinance, or'~ho erects,. constructs or maintains any billboard that does not aomply With ~e provision~ of this Ordinance ~hall be fined not less than· five dollars nor more than two hundred doll.aPS for each offense; and each day on which any such person shall .permit or ·allow any bi'llb0ard-owned~ operated~. maintained, or control- le~·by him to be erected, constructed or maintained in violation off'any of 'the provisions of this Ordinance sb. all constitute " a separate and distinct offense. SECTION 1~. C ON ST I TUT I ONAL I TY · If any sec.tion, subsection·, sentenc·~?~-·"clause or phrase 'of-this'Ordinance' is foP. any Peason held"'~'~"~'-.~,'!~-.;~.~ d~nconstituti. onal or' invalid, such 'd~'cis'.~o~n. shall 'hot affect the /.~..~.~..remaining portion of this Ordin~ce. The City SECTION l~. declares that it would have passed this . dinance and each section· and subsection thereoLf...irre.speCtive of the fact th~: any one or more of the sections. snbs~ctions~.....S.entences, cI'a~ses. or phrases be declared unconstitu·tional or invalid.· REPEALING ORDINANCES. That Ordinance No. 288 of the City of BakerSfield regulating to the erection of billboards, and all other ordi-' nances and.parts of ordinances in conflict herewith be .~ e same are hereby expressly repealed. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the / ~day of , 1923, by the following vote: Ayes-Austin, Baer, Carlisle. Carlock, GrifEth, Haberfe!de. Stoner Noes ...........~ ..........................................."' ....................................................... Abz-snt ............................. ' ....................../ ..........~ .............. City Clerk and ex-officio Clerk of the Council· of the City of Bakers- field. APB~ VED thi /~day of , 1923, _ Mayor o . ~ ' .