Ordinance 1944CITY OF ALAMEDA ORDINANCE NO. 1944,
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SECTION 18 -311 THEREOF RELATING TO PUBLIC PROPERTY
AND POSTING THEREON
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA
that:
Section 1 . The Alameda Municipal Code is hereby amended
by amending Section 18 -311 thereof to read as follows:
Sec. 18 -311 DEFACEMENT OF PUBLIC BUILDINGS AND
OTHER PROPERTY It shall be unlawful for any person,
in the City of Alameda, to write, stamp, affix, mark,
or attach any inscription, name, picture, or other thing
upon any wall, tower, or other part of any building
owned or controlled by the City of Alameda,or upon
any fence surrounding or any approach to such building
or upon any electrolier, pole, mast or part thereof,
including crossbars, supports and guywires, used for
the transmission of electricity, lighting, flags or
traffic control, owned or controlled by the City of
Alameda. Provided, that this section shall not apply
to the acts of mechanics duly authorized to perform
work upon any public building.
Section 2 Findings
1. The City of Alameda has never permitted the use
of City improvements and utilities for advertising purposes
of any kind.
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/. The City Council hereby finds that the policy should
continue for the following reasons:
(a) If signs are permitted on poles it will be very
difficult to control the method used for affix-
ing them to poles. Nails and similar objects in
wooden poles are dangerous to maintenance crews.
Signs posted to poles, particularly metal poles,
are very difficult to remove. Less substantial
means of affixing may cause litter problems, and
even where other means are satisfactory, the fact
that signs have been affixed to City property in
one manner will be misinterpreted by many as an
indication that signs can be affixed to poles in
any manner. It is administratively impractical
to enforce a method of affixing signs to City
property.
(b) A permit system is too difficult to administer
in a legally acceptable manner. Limitations
established for traffic safety, e.g., excluding
signs within fifty feet of an intersection, are
impractical to enforce and easily misunderstood
or overlooked by the public. A permit system for
signs on City property creates another trap for the
unwary, who will misinterpret the existence of
signs as an indication that the City simply permits
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signs. Permits issued after the fact are of
little value.
(c) The City has considerable investment in street
trees and other beautifying elements of the
City. The vast majority of streets in Alameda
are residential. Affixing signs to City property,
which is located between the street and sidewalk
area, would impose on the residential property
adjacent thereto a visual blight. The
residential property becomes a captive audience
with no recourse.
(d) The City does not impose any regulation or permit
on the use of private property for political
signs. Political condidates may use the good
offices of their supporters to place signs in
residential areas. Commercial areas are far too
cluttered with signs now to afford space, on the
public property therein, for more signs. Again
persons are free to illicit the placement of
signs in commercial establishments. In short,
there are ample alternative locations for signs.
3. This amendment to Section 18 -311 is declaratory of
the intent and prior policy regarding public property.
However, literally read, it may be interpreted to exclude
items covered by this amendment. Because certain civil
rights have been raised in regard to this Section, the
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"supports and guywires" provisions will not be enforced
until this ordinance is final.
Section 3 . This ordinance shall be in full force and
effect from and after the expiration of thirty (30) days from
the date of its final passage.
E
` p Presid' g Officer of the Council
0
M < Attest:
N
O L
Q- City Clerk
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NOTICE AND DIGEST
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 18 -311
THEREOF RELATING TO PUBLIC PROPERTY AND POSTING THEREON
DIGEST
This ordinance amends the Alameda Municipal Code by amending
Section 18 -311 to read as follows: "It shall be unlawful for any person,
in the City of Alameda, to write, stamp, affix, mark, or attach any
inscription, name, picture, or other thing upon any wall, tower, or other part
of any building owned or controlled by the City of Alameda, or upon any fence
surrounding or any approach to such building or upon any electrolier, pole, mast
or part thereof, including crossbars, supports and guywires, used for the
transmission of electricity, lighting, flags or traffic control, owned or
controlled by the City of Alameda. Provided, that this section shall not
apply to the acts of mechanics duly authorized to perform work upon any public
building."
This ordinance was introduced at the regular Council meeting of Tuesday
evening, October 17, 1978, passed to print by 5 Ayes, 0 Noes, 0 Absent. Hearing
on final adoption is set for the regular Council meeting to be held in the
Council Chamber, City Hall, Alameda, California, Tuesday, November 7, 1978,
at 7:30 o'clock p.m.
Three full copies are available for use and examination by the public
in the office of the City Clerk.
4 Notice thereof is hereby published pursuant to Section 3 -14 of the
Alameda City Charter.
DEBRA K. RECKNOR
Deputy City Clerk
PUBLISH: Friday, October 20, 1978
I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of Alameda
in regular meeting assembled on the 21st day of November, 1978, by the following
vote, to wit:
AYES: Councilmen Beckam, Diament, Sherratt, Tillman, and
President Corica, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 22nd day of November, 1978.
<v'
City Clerk of the City of Alameda