ORD 2005-23 POLITICAL SIGN DISPLAYORDINANCE NO. 2005-23
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to display of political signs in the City; amending Sections 15.08.020,
15.08.030N and 15.08.040F of the Bainbridge Island Municipal Code;
adding a new Section 15.08.095 to the Bainbridge Island Municipal
Code.
WHEREAS, Chapter 15.08 of the Bainbridge Island Municipal Code currently prohibits
the placement of most signs within public rights-of-way, and
WHEREAS, political signs are protected under the First Amendment of the United States
Constitution, and therefore the City has determined that display of political signs in the public
right-of-way shall be permitted under certain circumstances; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.
follows:
Section 15.08.020 of the Bainbridge Island Municipal Code is amended as
15.08.020 Definitions.
A. "Agricultural products sign" means a sign advertising seasonal produce.
B. "Alteration" means any change of a sign, other than changeable copy as
defined in this section.
C. "Awning and marquee sign" means a sign attached to a face or shelter,
which face or shelter extends (12 inches or more) in a direction perpendicular to
the wall of the building and may be supported by posts or the exterior wall of the
building or any combination thereof.
D. "Banner" means a sign of flexible material designed to be displayed
between two supports or against another surface.
E. "Banneret" means a small banner that is hung vertically from a
freestanding support, i.e., curbside bannerets on light standards and bannerets in
public squares.
F. "Bulletin board" means a surface designed for the affixing of temporary
handbills, notices, posters or other similar items.
G. "Changeable copy" means but is not limited to that portion of sign copy
consisting of individual interchangeable letters and numbers which may be
rearranged to spell new words and to form new numbers on the sign face, without
reworking, repainting, or otherwise altering the physical composition of the sign,
for the primary objective of displaying frequently changing copy.
H. "Construction sign" means a temporary sign erected for the purpose of
announcing future building plans and identifying the owner, architect, engineer,
building contractor and/or other persons responsible for the development of the
site.
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I. "Cultural, historical or architecturally significant sign" means a sign with
unique local characteristics which may not fit other defined categories.
J. "Director" means the city's director of planning and community
development.
L. "Erect" means to build, construct, raise, assemble, create, alter, display,
relocate, attach, hang, place, suspend, affix, paint, draw, engrave, carve, cast, or in
any other way bring into being or establish, other than to replace changeable copy
and other than in the course of normal sign maintenance as described in this
chapter.
_LM. "Facade sign" means any sign which is erected (including painted) on the
wall of a building or other structure, whose face is generally parallel to that wall
or other structure and whose face does not extend outward more than 12 inches in
a direction perpendicular to that wall or other structure.
~MN. "Facade" means the wall of a building or other structure whose face is
generally parallel to that wall or other structure.
N_O. "Freestanding sign" means a sign supported by one or more uprights,
poles or braces in or on the ground, and not supported by a building.
Ot~. "Grade." See BIMC 18.06.430.
PI~. "Neon sign" means a sign illuminated in whole or part by gaseous tubes
electrified by a current.
"NSC" means neighborhood service centers.
R. "Political sign" means a sign advertising a candidate or candidates for
public elective office, or a political party, or signs urging a particular vote on a
public issue to be decided bT ballot.
S. "Primary entrance" means the principal or main entrance of a building or
structure which is used by the majority of patrons to access the building or
structure.
T. "Projecting/hanging sign" means a sign, which is attached to or supported
by a wall or suspended from the overhang of a building or other structure.
U. "Public right-of-way sign" means a sign in the public right-of-way.
V. "Repair" means the reconstruction or renewal of any part of an existing
sign for the purpose of its maintenance.
W. "Sandwich board sign" means a sign which consists of two panels hinged
or attached at the top or side, designed to be movable and stand on the ground.
X. "Sign" means any letter, figure, design, symbol, trademark or other device
which is intended to attract attention to any activity, service, place, political
office, subject, firm, corporation or merchandise, except traffic signs or signals,
public or court notices, signs not visible from the public right-of-way or adjacent
properties, signs on moving vehicles, newspapers, leaflets or other printed
materials intended for individual use or individual distribution to members of the
public, government flags, flags and buntings exhibited to commemorate national
patriotic holidays.
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Y. "Street frontage" means that portion of any lot or building facing a street
or sidewalk and with direct access to that street or sidewalk.
Z. "Two-sided" means a sign where only one face is visible from any
viewing position.
AA. "Window sign" means a sign placed inside a building within 15 feet of the
window or on a window and visible from the outside. This term does not include
merchandise.
Section 2.
as follows:
Section 15.08.030N of the Bainbridge Island Municipal Code is amended
way Political signs in accordance with BIMC 15.08.095.
Section 3.
as follows:
Section 15.08.040F of the Bainbridge Island Municipal Code is amended
F. Signs erected within the public rights-of-way, access corridors or
easements, except the following: signs erected by the city or state; and those signs
projecting/hanging over the public sidewalk, erected in compliance with the
Mixed Use Town Center design guidelines; and political signs displayed in
compliance with BIMC 15.08.095.
Section 4.
Code, as follows:
A new Section 15.08.095 is added to the Bainbridge Island Municipal
15.08.095 Political Signs.
A. Political Signs Not Allowed on Public Utility Poles or Public Buildings or
Structures. It is unlawful for any person to paste, paint, affix or fasten a political
sign on any utility pole, traffic control device, lamp post, or any other public
building or structure.
B. Political Signs Within Public Right-of-Way. Subject to paragraph B
above, political signs may be posted within public right-of-way only if the sign
does not interfere with sight distances and does not create a vehicular or
pedestrian traffic obstruction or hazard. Political signs in the right-of-way are
limited to a maximum surface area of six square feet and a maximum height of
five feet. A political sign promoting or publicizing candidates for public office or
issues that are to be voted upon in a general or special election must be removed
within ten days following an election; provided, that political signs promoting
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Ordinance No. 2005-23_Political Signs_062205_Version 1
successful candidates in a primary election may remain displayed until ten days
following the immediately subsequent general election.
D. Responsibility for Removal of Signs Following Election. It shall be the
responsibility of the campaign director or political candidate to have the signs
removed in accordance with this section. If any sign is placed or allowed to
remain in violation of this section, the City may remove the sign and charge the
expense of the removal to the campaign director or political candidate.
E. The display of any political sign in violation of this section, or any portion
or part thereof, shall be presumed to have been done at the direction and request
of the campaign director or political candidate.
Section 5.
passage, approval and publication as provided by law.
PASSED by the City Council this 3rd day of August
APPROVED by the Mayor this4th day of Aucjust
This ordinance shall take effect and be in force five days after its
ATTEST/AUTHENTICATE:
Su~an P. Kasper, City Clerk
,2005.
,2005.
Darlene Kordonowy, 1VI~t~
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDNANCE NO: 2005-23
June 15, 2005
August 3, 2005
August 10, 2005
August 15, 2005
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