Banning PD Issues Reminder About Political Signs In The City

BANNING, CA — Squabbles over political signs in Banning have remedies. On Sept. 11, the Banning Police Department released information about the laws and regulations concerning political/campaign sign placement, removal, theft and vandalism.

Patch is forwarding the information here, unedited (see below):

This is a reminder for a candidate or campaign worker for either office or a ballot measure about State law governing campaign signs. Business and Professions Code Section 5405.3 of the State Outdoor Advertising Act exempts the placing of temporary political signs from normal outdoor advertising display requirements.

Temporary political signs must meet the following criteria:
1. Encourages a particular vote in a scheduled election.
2. Is placed not sooner than 90 days prior to the scheduled election and is removed within 10 days after that election.
3. Is no larger than 32 square feet.
4. Has filed a Statement of Responsibility with the California Department of Transportation certifying a person who will be responsible for removing the sign. Temporary political signs shall not be placed within the right-of-way of any highway, or within 660 feet of the edge of, and visible from the right-of-way of a classified landscaped freeway. State law directs the Department of Transportation to remove unauthorized temporary political signs and bill the responsible party for their removal.

The City of Banning Municipal Code Section 17.36.050 (Exempt signs) covers Election Signs and may be more restrictive than State law. Election signs must comply with the following requirements:

1. Election signs shall be limited in size to the maximum allowed in the zones where located. Any freeway oriented freestanding sign shall be required to secure all applicable permits and comply with these sign regulations including section 17.36.110.

2. No election signs shall be permitted on public property or in the public right-of-way.

3. There are no pre-election restrictions limiting when elections signs may be erected, but the owner of the sign must remove the sign within seven days after the applicable election has ended.

4. For all election signs, the campaign shall be deemed the owner of the sign unless it can establish that it is not the owner of the sign. In the event the campaign establishes it is not the owner of the sign, the owner of the property on which the sign is placed, shall be deemed the owner of the sign.

5. In the event that any such sign violates the provisions of this chapter, or if it is not removed within the period provided hereunder, it shall be subject to abatement pursuant to the procedures prescribed in section 17.36.090.

6. Except as provided in this subsection, no permit shall be required for election signs.

California Penal Code Section 488 defines petty theft as the act of stealing property or services valued at $950 or less. A violation of this statute is a misdemeanor that can result in up to six months in county jail and a fine of up to $1,000.

To convict someone under Penal Code Section 488, the prosecutor must prove the following:
• The defendant took possession of someone else's property
• The defendant took the property without the owner's consent
• The defendant intended to permanently deprive the owner of the property
• The property taken was worth $950 or less (if over $950 the crime will rise to Penal Code Section 487, which is a felony)

California Penal Code Section 594 defines vandalism as the intentional damage, destruction, or defacement of someone else's property. The punishment for vandalism depends on the amount of damage caused:

• Less than $400 (misdemeanor): A fine of up to $1,000 or imprisonment for up to one year
• $400 or more (felony): A fine of up to $10,000 or imprisonment in a county jail for up to one year

The City of Banning and Banning Police Department will be enforcing all laws and regulations concerning political/campaign signs. If anyone has questions related to this topic, please contact the Banning Police Department at 951-922-3170.