SAN JOSE MUNICIPAL CODE Chapter 23.04
(Updated through Ordinance 24835, adopted
8/7/01)
Part
8 ELECTION SIGNS
Sections:
23.04.700
Election signs.
23.04.710
Definition of election signs.
23.04.720
Quantity, size and placement of election signs.
23.04.730
Prohibited on public property.
23.04.740
Private property - Authorization by owner.
23.04.750
Election signs in residential districts and for residential uses.
23.04.760
Time limit for display of election signs.
23.04.770
Removal of election signs from public property.
23.04.780
Liability for election signs.
23.04.700 Election signs.
A. This part shall govern standards for
temporary signs that are election signs.
B. In its regulation of election signs, it
is the intent of the city to achieve a fair and reasonable accommodation
between the public's interest in the full and vigorous debate of election
issues and the community's interest in public order, cleanliness and community
aesthetics. Election signs, which are unreinforced paper products, are
relatively inexpensive. As a result, without reasonable regulation, the
community could be inundated by their profusion prior to elections and by their
litter after elections. Election signs also are particularly susceptible to the
effects of the elements. It is the city's intent in regulating election signs
to control the proliferation of urban clutter but to be no more restrictive
than necessary and not to unduly restrict the public's right to communicate
about election issues.
C. Nothing herein precludes the use of
other signs allowed in accordance with the provisions of this title to convey
political and/or election messages.
(Ord.
24201.)
23.04.710 Definition of election signs.
A. As used in this title, "election
sign" is a sign:
1. Designed,
used or intended to induce voters to vote for either the passage or defeat of a
measure appearing on the ballot of any election, or for either the election or
defeat of a candidate for nomination or election to any public office in any
election; and
2. Constructed
of unreinforced cardboard, paper or similar product; and
3. Includes
without limitation banners, campaign signs, posted handbills and notices of any
kind.
B. Any sign not meeting the definition set
forth in subsection A. above shall not be deemed an election sign for purposes
of this title, regardless of message.
(Ord.
24201.)
23.04.720 Quantity, size and placement of
election signs.
A. Unless otherwise expressly provided in
this part, the quantity, size and location of election signs shall be governed
by the requirements for temporary signs in the zoning district or sign zone
where located.
B. Election signs of ten square feet or
less that are displayed in accordance with this part may be displayed during
the time periods set forth in Section 23.04.760 of this part and shall not be
counted toward any time limits for temporary signs in the zoning district or
sign zone where located.
(Ord.
24201.)
23.04.730 Prohibited on public property.
A. No person shall erect or display, or
cause or authorize any person to erect or display, any election sign on public
property.
B. The provisions of Sections 23.04.840,
23.04.850, and 23.04.860 shall apply to election signs posted on public
property.
(Ords.
24201, 24835.)
23.04.740 Private property -Authorization
by owner.
No person shall erect or display, or
cause or authorize any person to erect or display, any election sign on any
property not owned or controlled by such person, unless authorized to do so by
the owner or other person in control of such property.
(Ord.
24201.)
23.04.750 Election signs in residential
districts and for residential uses.
Election signs in residential
districts and for residential uses in other zoning districts and in special
sign zones:
A. Shall not be illuminated.
B. If an attached sign, shall not extend
above the eaves of the building or structure where located.
C. If a freestanding sign:
1. Shall
not exceed six feet in height; and
2. No
setback shall be required.
(Ord.
24201.)
23.04.760 Time limit for display of
election signs.
A. Election signs may be displayed in
connection with an election beginning on the first day after the opening of the
nomination period for the election and continuing up to ten days after the date
of the election.
B. All election signs shall be removed
from the parcel where erected or displayed within ten days after the date of
the election to which they pertain.
C. Notwithstanding subsections A. and B.
above, if election signs pertain not only to a primary election but also to a
succeeding general election, they may be displayed until the general election
and shall be removed within ten days after the date of general election.
D. The timely removal of election signs
shall be a joint and several obligation of:
1. Each
person who erects or displays an election sign;
2. Each
person who causes or authorizes the erection or display of such sign; and
3. The
owner or other person in control of the property where such sign is erected or
displayed.
(Ord.
24201.)
23.04.770 Removal of election signs from
public property.
A. Election signs on public property may be
removed without notice pursuant to Section 23.02.880 of this title.
B. The director shall cause a list of
election signs removed from public property to be filed with the city clerk,
for public information.
(Ords.
24201, 24835.)
23.04.780 Liability for election signs.
Every person who undertakes an
election campaign shall be responsible to ensure that all signs posted in
furtherance of that campaign are posted in full accordance with this title and
shall be presumed responsible, as set forth in Section 23.04.840, for any
illegal election signs posted in furtherance of the campaign.
(Ord.
24835.)