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Home My WebLink AboutMINUTES - 12042001 - C.33 r C,33 ORDINANCE NO. 2001-23 OFFSITE VESSEL ADVERTISING The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adds Chapter 88.18 to the Contra Costa County Ordinance Code to prohibit billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the County. SECTION II. Chapter 88-18 is added to the County Ordinance Code to read: CHAPTER 88-18 OFFSITE VESSEL ADVERTISING' Article 88-18.2 General Provisions 88-18.202 Title. This chapter shall be known as the Offsite Vessel Advertising Ordinance of Contra Costa County. (Ord. 2001-23 §2.) 88-18.204 Findings. The Board of Supervisors finds as follows: (a) Billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county cause visual blight, are distracting, create significant safety hazards to pedestrians and motorists, and reduce the value of waters within the jurisdiction of the county as a public attaction, because billboards and other offsite commercial signs tend to be frequently changed, are specifically and primarily intended to attract the public's attention, and do not enhance the natural beauty or scenery of waters within the jurisdiction of the county. (b) Onsite commercial signs on vessels on waters within the jurisdiction of the county, including signs identifying commercial shipping, industrial harbor watercraft, and tourist, passenger, and fishing vessels, or their services, goods,or commodities, are much less distracting, cause much less visual blight, and create significantly fewer safety hazards to pedestrians, motorists and boaters than do billboards and other offsite commercial signs, because onsite commercial signs are not changed frequently and often are used primarily for identification rather than to attract the public's attention. 'For additional sign provisions, see Chapters 88-6, 88-8, and 88-9, this code. For additional vessel provisions, see Division 410, this code. ORDINANCE 2001-23 1 (c) Recreational and competitive sailing on sailboats on waters with the jurisdiction of the county enhance the public's recreational use and enjoyment of waters within the jurisdiction of the county, and promote the economic vitality of the county. Offsite commercial signs displayed on the hulls or sails of sailboats on waters within the jurisdiction of the county, including signs relating to commercial sponsorship, do not cause visual blight or create significant safety hazards to pedestrians and motorists, because sailboats that display offsite commercial signs on their hulls or sails tend to do so only incidentally, remain aesthetically pleasing and thus enhance the natural beauty and scenery of waters within the jurisdiction of the county and promote recreational uses of those waters. (d) By adopting this ordinance, the Board of Supervisors does not intend to and is not regulating shipping or other activities on waters within the jurisdiction of the county to the extent that state or federal laws or regulations, including the Shipping Act of 1984 (46 U.S.C. § 1701 et seq.),preempt such regulation. (Ord. 2001-23 §2.) 88-18.206 Purpose. The purpose of this chapter is to regulate the display of billboards and other offsite commercial signs on vessels on waters within the jurisdiction of the county in order to protect and enhance the aesthetic value, natural beauty and scenery of waters within the jurisdiction of the county, reduce visual blight, reduce safety hazards to pedestrians, motorists and boaters,protect and enhance the value of waters within the jurisdiction of the county as a public attraction, and promote recreational uses of waters within the jurisdiction of the county. [Harbors and Navigation Code section 660.] (Ord. 2001-23 §2.) Article 88-18.4 Definitions 88-18.402 Onsite Sign. For purposes of this chapter, "onsite sign" means (1) a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted, other than incidentally, on the vessel upon which the sign is displayed; or(2) a sign which identifies or advertises a good or commodity that is being transported on the vessel or identifies or advertises a container in which a good or commodity is being transported on the vessel, where the sign is displayed on the good, commodity or container. (Ord. 2001-23 §2.) 88-18.404 Offsite Sign. For purposes of this chapter, "offsite sign" means a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted off the vessel upon which the sign is displayed, or which is sold, offered, or conducted on such vessel incidentally, if at all. (Ord. 2001-23 §2.) 88-18.406 Sailboat. For purposes of this chapter, "sailboat" means any watercraft designed to be and capable of being propelled solely by wind power. (Ord. 2001-23 §2.) 88-18.408 Sign. For purposes of this chapter, "sign" means any structure or surface or a device or arrangement attached to or painted or represented upon a structure or surface which is displayed on any vessel and which attracts or is intended to attract attention to an object, product, place, activity, person, institution, organization or business, or which displays or ORDINANCE 2001-23 2 includes a letter, work, model, figure, banner, flag,pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, advertisement, declaration or illustration. (Ord. 2001-23 §2.) 88-18.410 Vessel. For purposes of this chapter, "vessel" means every description of watercraft used or capable of being used as a means of transportation on water, including, but not limited to, motorized, towed, or sailing watercraft such as ships, boats, tugboats, barges, and sailboats, but not including aircraft. (Ord. 2001-23 §2.) Article 88-18.6 Prohibition and Exemptions 88-18.602 Prohibition. No offsite sign may be displayed on the outside of any vessel on any waters within the jurisdiction of the County. (Ord. 2001-23 §2.) 88-18.604 Exemptions. The prohibition in this chapter shall not apply to: (a) Any onsite sign displayed on a vessel; or (b) Any sign displayed on the hull or sails of a sailboat,provided that the sails are designed, and are being used,primarily for the propulsion of the sailboat. (Ord. 2001-23 §2.) SECTION III. EFFECTIVE DATE. This ordinance becomes effective thirty(30) days after passage, and within fifteen (15) days after passage shall be published once with the names of supervisors voting for and against it in the,,Contra Costa Times, a newspaper published in this County. 1 PASSED on December 4, 2001 , by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors oard Chair and County Administrator By: aniel e Ke [SEAL] Deputy Clerk I]ACode EnforcemenRFloaiing BiIlboardsA loafing BillMruda Ordinance.wpd ORDINANCE 2001-23 3 PROOF OF PUBLICATION (2015.5 C•C.P.) l i are not changed frpequently and often are used riman- IL for Identification rather O R D I N A N C E N than to attract the public's STATE OF CALIFORNIA 2001-z3 attention. County of Contra Costa OFFSITE VESSEL (c) Recreational and com- identifies or advertises a .ADVERTISING petitive sailing on sailboats container in which a good 1 am a citizen of the United States and a resident of the on waters with the junsdic- or commodity Is belng The Contra Costa County' tion of the county enhance transported on the vessel County aforesaid; I am over the age of eighteen years, and Board of Supervisors or-, .the public's recreational where the sign is displayed not a party to or interested in the above-entitled matter. gains as follows (omitting! use and.enjoyment of wa- co itaensd d(Ord 20011-23 the parenthetical footnotes i ters within the jurisdiction of %2.) from the official text of the' I the county, and promote I am the Principal Legal Clerk of the Contra Costa Times, a enacted or amended provl-i the economic vitality of the 88-16.404 Offsite Sign.For slons of the County Ordi county.Offsite commercial urppeeses of this crispier, newspaper of general circulation, printed and published at nance Code): signsdisplayed on the hulls Poffsite sign"means a sign 2640 Shadelands Drive in the City of Walnut Creek, County or sails of sailboats on we- which Identifies or advertis- of Contra Costa,94598. SECTION I. SUMMARY., I ters within the jurisdiction of es a business,good.com= This ordinance adds Chap-, the county,including signs modity,service industry,or ter 88.18 t0 the Contra' relating to commercial other activlty which is sold, And which newspaper has been adjudged a newspaper of Costa County Ordinance: spponsorship,do not cause offered, or conducted off 1 g Code to prohibit billboards Nsual blight orcreate sigg- the vessel upon which the general circulation by the Superior Court Of the County Of and other offsite commer- nificant safety hazards % sign Is displayed,or which tial signs on vessels on Is sold,offered,or conduct- Contra Costa, State of California, under the date of October pedestrians and motorists, ed on such vessel inciden- waters within the Jurisdic- because sailboats that dis- tally,tf at all.(Ord.2001-23 22, 1934.Case Number 19764. tion of the county. play offsite, commercial Section 2.) SECTION II.Chapter 88-18 signs on their hulls or sails The notice, of which the annexed is a printed co set in C tend to do so only Inciden- 88-18.406 Sailboat. For type not smaller than nonpareil),.has been published each dine added rooadry Or I TBea'sing and thussenhanee Psai�oai'means ais nypwa' re ular and entire issue of said newspaper and not in an Fhe natural beauty and tercraft designed to be and 9Y CHAPTER 88-18 cap b able of being propelled supplement thereof on the following dates,t0 Wit: OFFSITE VESSEL scenery of waters within y ADVERTISING the jurisdiction of the coup- y 3 wind power.(Ord. ry and promote recreation- 2001 (For additional sign provi- al uses of those waters. 88.18.408 Sign. For ur- December 11 sions, see Chapters 88-6, g p 88-8,and 88-9, this code. Poses of. this chapter, (d) By adopting this ordl- sl n,,means an structure For additional.vessel prove- nance,the Board of Super- or surtece or a tacked or all in the year of 2001 slops,see Division 410,this visors does not intend to. arrangement attached to Code.) or painted or re resented and is.not regulatingg ship= p I certify or declare under penalty Of perjury that the Article 8&-18.2 ping or other activitios on upon a.stnicture or surface Y ( ) P Y P I rY which cs displayed on any foregoing IS true and correct. waters.within the jurisdie- vessel and which attracts g g General Provisions tion of the county to the ex- or is Intended to attract at- tent that state or federal tension to an object,attract prod- 88-18.202 Title.Thls the - laws or re ulations,includ- uct, Ia Executed at Walnut Creek,Califo ia. In the p p ce,actin person, ter shall be known as t e g hl ging Act of Inst tution, organization or On this 11 d y f e m e , 2 1 Offsite Vessel Advertising 1984 (46 IPS.C. Section business or which displays Ordinance of Contra Costa 1701 at seq.), preempt or includes a letter, work County.(Ord.2001-23 Sec- such regulation. (Ord. model,flgure,,banner,flag; .. .....•••• ••••••• ••• .•. .......•• ••• •••••••••• •••• •• tion 2.) '2001-23 Section 2.) pennant,insignia,device or Signature representatlon used as or 88-18.204. Findings: The 88-18.206 Purpose. The which is In the nature o1 an Board of Supervisors finds ppurpose of this chapter Is announcement, direction, Contra Costa imes as follows: to regulate the displayy of advertisement declaration billboards and other offsite or. illustration. (Ord. P O Box 414 2001-23 Section 2.) (a)Billboards and ether off- commercial signs,on vas- Walnut Creek,CA 94596 size commercial signs on sels on waters within the ju- 88-16.410 Vessel.For pur- (925)935-2525 vessels on waters within nsdiction of the county In poses of this chapter,"ves- the jurisdiction of the coun- order to protect and en- sel"means every doscrip- ty cause visual blight, are hance the aesthetic value, Ilan of watercraft used or Proof of Publication of: distracting create slgnlfi- natural beauty and scenery capable of being used as a cant safety hazards to pe- of waters.within the juris- means of transportation on (attached is a copy of the legal advertisement that published) destrlans and motorists diction of the county, re- water, including, but, not and reduce the value o limited to, motorized, waters within the jurisdic- duce visual blight, reduce towed,or sailing watercraft safety he to pedestri- DATE.This ordinance be- Ilon tt the county as a pub- ens,motorists and boaters, such as ships, boats,tug comes effective 30 days af- lic attraction,because bill- boats, barges, and sail- boards and other offsite protect and enhance the boats„but not including air- for passage,and within 15 commercial signs 16nd to value of waters within the craft. Ord. 2001-23 days he once shell be g )uriscilction of the county as Section 2f pu llshe once with the be frequently changed are a public attraction and names of the Supervisors specifically and primarily In- promote recreational uses Article 88-18.6 voting for and against it in tended to attract.the pub- the Contra Costa Times,a lie's attention, and do not of waters within theunuris- prohibition end Exemptions newspaper of general clr- enhance the natural beauty diction of the coty Har- culation published in this or scene of waters within born and Na'i anon a County. scenery 88-18.602 Prohibition.. No ry� the jurisdiction of the coun- Section 660.)( rd.2001-23 j Section 2.) la sign they be dis- PASSED on December 4, p b played on the outside of y001 g Article 88-16.4 a vessel on any waters by the following vote: (b) Onsite commercial within the Jurisdiction of the AYES: Su sl ns on vessels on waters County.(Ord.2001-23 Sec- Supervisors Gala. with],the jurisdiction of the Definitions tion 2.) Gerber DeSaulnler,Glover counryry�� rludin; signs and Uilicema Iden Ing commercial B8 18.402 Onsite Slgn.For 88-18.604 Exemptions.The I NOES:None shlpping; Industrial harbor Purposes of this Sign. ter, prohibltlon In this chapter) NOES:N:ne watercraft, and tourist, onsite Sign” means(1)a shall not appy to: None passenger,and fishing ves- sign which Identifies or ad- ABSTAIN:None seas, or their Services, vertises a business, good, (a) Any o nes sign dls- goods,or commodities aro commodity,service,Idus- played on a vessel;or ATTEST:JOHN SWEETEN, Su- much less tllstrac�ing; try,orotheractivitywhich Is Clerk of the Board of Su- 'cause much less visual sold,offered,or conducted, (b)Any sign its displayed on pervsors and County Ad- the , p or sails t a sail- mIn16Va[or blight, and create signlfl- other than Incidental)Y, on boat, provided that the cantly fewer safety hazards the vessel upon which the s��s are designed and are By/s/Danielle Kelly to pedestrians, motor sts sign Is displayed or(2) a being used, pr mar ly for Deputtyy Cleri and boaters than do bill- sign which identlfles or ed- the propulsion of the sail- By:Gayle P Uilkema boards and other otfrite vertlses a good or com- boat. (Ord. 2001-23 Sec- Board Chair commercial signs,be je modity that Is being trans- tion 2) Legal CCT 3607 onsite commercial ;;:ens oorte on the vessel or SECTION III. EFFECTIVE Publi h. December 11,