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.)