In adopting this chapter, the city council acts in its proprietary capacity as to public property within the city. Private parties may post or display signs on public property only in accordance with this chapter or some other authorization duly adopted by the city council.
(Ord. 1467 § 3, 2011)
The city declares its intent that no public property in the city shall function as a designated public forum for sign display, unless some specific portion of public property is designated herein as a public forum of one particular type; in such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period.
(Ord. 1467 § 3, 2011)
For purposes of interpreting and enforcing this chapter, the following words have the special definitions given. For words not defined in this chapter, definitions from chapter 21.24 may be used as interpretive aids. In consultation with the city attorney, the city manager is authorized and directed to interpret these definitions in light of relevant court decisions.
"City"
means the city of Fountain Valley and any of its associate entities.
"Director"
means the city of Fountain Valley planning director, or designee of the director.
"Noncommercial message"
means a constitutionally protected message that is not commercial in nature. Noncommercial messages on signs typically address topics of public concern or controversy such as, by way of example and not limitation, politics, religion, philosophy, science, art or social commentary. The on-site/off-site distinction does not apply to noncommercial messages.
"Personally attended"
means that a live person is physically present within five feet of the sign at all times.
"Public property"
means land or other property in which the city is the owner or has the present right of possession and control, as well as areas which are either designated as public rights-of-way or which have long been used as such.
"Sign"
means the same as the definition of the word "sign" in Chapter 21.24.
"Sign ordinance"
means Chapter 21.24 as that chapter may be amended from time to time.
"Special public events"
mean events such as public street closures, parades and demonstrations.
"Traditional public forum"
means the surfaces of city-owned streets, surfaces of city-owned parks, surfaces of city-owned plazas, surfaces of sidewalks which are connected to the city's main pedestrian circulation system and the exterior surface of pedestrian areas immediately surrounding City Hall.
(Ord. 1467 § 3, 2011)
(a) 
General Prohibition. No private party may post, mount, install or display a sign on public property unless the subject sign is expressly authorized by this chapter or another applicable policy statement or other authorization approved by the city council.
(b) 
Abatement. Any private party sign posted, displayed or installed on public property within the city, contrary to this chapter, may be summarily removed as a trespass and a nuisance by the city pursuant to this chapter. Sign owners who have signs removed by the city may be charged for all costs associated with the removal. Removed signs will be held by the city for a period of thirty days and the property/sign owner notified of same. Failure to respond to the notification may result in the sign(s) destruction or disposal by the city.
(Ord. 1467 § 3, 2011)
The following signs are authorized on public property:
(a) 
Government Signs. Traffic control and traffic directional signs erected by the city or another governmental entity; official notices required or authorized by law; signs placed in furtherance of governmental functions; signs on which the city expresses its message(s) to the public.
(b) 
Legal Nonconforming Signs. Permanent signs which were erected in the past on public property in conformance with all then-applicable laws, rules and regulations may remain in that same location so long as they have not been and are not expanded or moved, and are properly repaired and maintained.
(Ord. 1467 § 3, 2011)
This section applies only when city regulations concerning special public events, parades and demonstrations do not. In areas qualifying as traditional public forums, private persons may display noncommercial message signs thereon without first obtaining a permit, provided that the signs conform to all of the following:
(1) 
The signs must be personally held by a person or personally attended by one or more persons.
(2) 
The signs may be displayed only during the time period of six a.m. to ten p.m. or thirty minutes after a meeting of the city council or other city entity has concluded, whichever is later.
(3) 
The maximum aggregate size of all signs held by a single person is sixteen square feet.
(4) 
The maximum size of any one sign which is personally attended by two or more persons acting in concert is thirty-two square feet.
(5) 
The sign(s) shall have no more than two display faces and may not be inflatable or air-activated, or produce noise, smoke, or fumes.
(6) 
In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by.
(Ord. 1467 § 3, 2011)
It is unlawful for any person or for any owner, operator, tenant or other person in control of property within the city for which the standards set forth in this chapter apply, to fail to comply with the sign standards set forth in this chapter or to fail to have any approval required by this chapter. The city may utilize any method authorized by law to remedy any violations of this chapter.
(Ord. 1467 § 3, 2011)