Ordinance 2018-12ORDINANCE NO. 2018-12
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GILROY AMENDING SECTION 30.37.20(d)(13) OF ARTICLE
XXXVII OF CHAPTER 30 OF THE GILROY CITY CODE PERTAINING
TO "SIGN REGULATIONS"
WHEREAS, by adopting this Ordinance, the City Council intends to balance the right of
free speech by sign display against the community interests in limiting the impacts of excessive
and/or inappropriate signs; and
WHEREAS, the City Council further intends by this Ordinance to regulate signs in a
manner which is consistent with the Constitutions and laws of the State of California and the
United States; and
WHEREAS, the Ordinance amendments set forth below have been reviewed and
considered by the City Council in accordance with the provisions of the California
Environmental Quality Act of 1970, as amended ( "CEQA "), and the guidelines promulgated
thereunder and, further, the Council finds that it can be seen with certainty that there is no
possibility that said amendments may have a significant effect on the environment and said
amendments are therefore exempt from the requirements of the CEQA pursuant to the provisions
of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations.
The City Council of the City of Gilroy does hereby ordain as follows:
SECTION I
Chapter 30.37 of the Gilroy City Code entitled "SIGN REGULATIONS" Section
30.37.20(d)(13) is hereby amended to read as follows:
"(13) Polifiea4 signs or plaeards whieh are er-eeted less than ninety (90) days before and removed
less than to (1 0) days a #or the eleetio for- .,,ie they „ posted. Temporary signs, which for
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purposes of this subsection mean signs which, by virtue of their physical nature are not suitable
for long -term display. Such signs are typically made of lightweight or flimsy materials, and are
installed by hand or using ordinary hand tools. Temporary P signs shall not be placed on
any portion of a street, sidewalk, or public right -of- way."
SECTION II
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This Ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City Council to be necessary as an emergency measure and for the preservation
of the public peace, health, safety and welfare of the City, and as such shall take effect
immediately and be in full force and effect after its adoption after publication at least once in an
official newspaper of the City for the following reasons:
The City Council finds that this Ordinance must be adopted as an emergency ordinance
and is necessary: (1) to correct any conflicts between existing City policies and this Ordinance;
(2) to avoid confusion and to assure the public what rules, regulations and procedures will apply
to temporary signs; and (3) to eliminate rules which treat political or election - oriented signs as a
separate and discrete class of sign.
In order to accomplish these goals, the Gilroy City Code Section 30.37(d)(13), as
amended, must be adopted by means of an emergency Ordinance.
SECTION III
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
PASSED AND ADOPTED this 10th day of September, 2018, by the following vote:
AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, HARNEY, TOVAR,
TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: LEROE -MUNOZ
APPR VED
Ro and Velasco, Mayor
ATTEST:
Shavdna Freels, City lerk
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Emergency Ordinance No. 2018 -12 is an original ordinance, or true and correct copy of
a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 10th day of September, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 13th day of September, 2018.
Shawna Freels, MMC
City Clerk of the City of Gilroy
(Seal)