Thank you in advance for the opportunity to be frank and forthright regarding this matter. You play an important role in our community and if you would please carefully read this correspondence that you may fully understand and respond appropriately.
As concerned residents we participate in potentially hazardous work removing graffiti, illegal signs and handbills attached to traffic and utility poles, as well as litter and discarded household items abandoned on neighborhood streets and sidewalks. You personally play a key role in this regard; please do not affix any sign to any property in violation of the law. Your 4 1/4 x 6 inch “May 1st – International Workers Day” promotional mini-billboards installed and maintained along the public right-a-way and attached with adhesive tape to public and private utility poles, is a blatant trespass and harmful misuse that is incompatible with our community goals and aesthetic standards, and recognized by law as a public nuisance and criminal misdemeanor in particular instances.
Unlawful signs like yours are more intrusive than junk mail or Internet spam and divert scarce municipal resources for maintenance and code enforcement. Like litter and graffiti, they visually pollute our living space and victimize others by forcing them to live with degrading conditions. At the same time they convey a potent message of ‘anything goes’ and ‘no one cares’ that other thoughtless people emulate, thus perpetuating blight ands disorder.
Perhaps you are uninformed or haven’t considered this or you disagree, feeling your personal aims justify the means. However, after extensive public hearings our federal, state and local elected representatives enacted laws to protect community interests as well as public and personal property from misuse such as yours. The California Resource Agency, Bay Area conservation and planning organizations, responsible businesses, and nonprofit organizations dedicated to low-moderate income housing, all endorse the fact that existing neighborhoods must be adequately maintained and cared for to remain desirable places to live and work.
A ‘sense of order’ is important not only to those who live and work in a particular area or neighborhood, but equally to those traveling through on their way home, to shop, to jobs, or simply out to enjoy the urban landscape. James Wilson book “Thinking About Crime” notes: “Vandalism can occur anywhere once communal barriers - the sense of mutual regard and the obligations of civility - are lowered by actions that seem to signal that ‘no one cares’.” The San Francisco Planning Code, Chapter 6, “Signs” clearly convey the principles behind our local Sign Ordinance as well as our own objectives:
“To safeguard, enhance and protect the public investment in and the character and dignity of public buildings, open spaces and thoroughfares; to protect the distinctive appearance of San Francisco...to provide an environment which will promote the development of commerce in the City, to encourage sound practices and lessen the objectionable effects of competition in respect to size and placement of signs; to reduce hazards to motorists and pedestrians traveling on the public way; and thereby to promote the public health, safety and welfare."
We must all realize that the methods we employ are more important than the objective we seek to achieve, since we must all live with the methods, whereas one’s personal objective(s) may not be realized or be merely short-lived. If you comprehend this simple fact, you will see the significance of protecting community interests above that of advancing our own particular self-interest. For this reason please place your promotional material on neighborhood doormats and on bulletin boards in markets, coffeehouses and Laundromats. Also place ads in local newspapers and utilize the Internet such as craigslist. While these alternatives may prove more expensive or time consuming for you, they are effective, more importantly, they do not infringe on the rights of others, blight our community, deface and / or damage property, and violate the law.
Additionally, we invite you to join in cultivating a quality living environment. Together we can sustain a ‘sense of order’ and enhance social and economic wellbeing and quality of life for all San Franciscans. You see, ‘culture’ embraces more than merely art, music and literature; it really is a cultivating of goodness. ‘culture’ means that. Each of us personally contributes to cultural growth or to social decay; our society and physical environment is the end result. To change society you and I must change – not the other way around. Our own personal care for the environment enhances community by improving quality of life and personal wellbeing. Naturally people feel better and treat one another with greater respect and consideration, contributing, again, to a cultivating of goodness. Philosopher, psychologist and educational reformer, John Dewey, stated this in regards to personal freedom: “The only freedom that is of enduring importance is the freedom of intelligence, that is to say, freedom of observation and of judgment, exercised in behalf of purposes that are intrinsically worthwhile. The commonest mistake made about freedom is to identify it with freedom of movement, or, with the external or physical side of activity.” Said another way: With clear understanding and sensitivity, one can do what one likes, for one comprehends what is the right thing to do. In this way we exist as creative human beings – not perfect human beings, but creative human being, which is vastly different.
Unfortunately there is no way to assess your character, personal integrity or level of understanding. From your actions it appears you are concerned chiefly or only with yourself and your advantage to the exclusion of others. For this reason we must advise you that we will not allow our community to be undermined by abusive activity for which you are a part. You are responsible for any damages that result from illegal acts or should a community volunteer, public employee or member of the general public be injured as a consequence. Besides litigation by a governmental agency, you are also vulnerable to civil action by members of this community, together with punitive damages. Digital photographs were taken of your sign(s) before removal and placed in safekeeping as evidence. Your identity is legally established by information appearing on these sign(s), which is prima facie evidence that you caused the sign(s) to be posted or to remain posted. You and your agents, if any, possess ‘constructive knowledge’, hence without a legitimate defense for violating the law, that is: “others do it”, “it’s a worthy cause”, “we planned to remove them”, and so on.
Please immediately remove all remaining signs including attachment materials such as tape, staples, string, thumbtacks, wire, etc. Property may require additional care and attention, which includes sanding and repainting – contact the Department of Public Works for materials and matching paint. In the event you again affix illegal signs along the public right-of-way or fail to immediately remove existing signs as prescribed by law, you provide no alternative apart from pursuing civil action against you and your personal assets under the authority granted by California Business and Professions Code. Given the gravity and serious consequences it is highly recommended that you consult with an attorney. Thank you very much for your thoughtful understanding and cooperation in this matter.
“THE QUALITY OF A PLACE SHOULD BE EMBODIED IN THE FINE-GRAIN DETAILS, NOT JUST THE SWEEPING VIEWS. AND THAT MEANS TAKING PRIDE IN THE DAY-TO-DAY APPEARANCE OF WHERE YOU LIVE YOUR LIVES.” San Francisco Chronicle / Thursday, April 28th, 2005
These laws were enacted to protect our community interests:
ARTICLE 2 – CALIFORNIA PENAL CODE: UNLAWFULLY PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY – SECTION 556: It is a misdemeanor for any person to place or maintain, or cause to be placed or maintained without lawful permission upon any property of the State, or of a city or of a county, any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising or which advertises or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away. SECTION 556.1: It is a misdemeanor for any person to place or maintain or cause to be placed or maintained upon any property in which he has no estate or right of possession any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising, or which advertise or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away, without the consent of the owner, lessee, or person in lawful possession of such property before such sign, picture, transparency, advertisement, or mechanical device is placed upon the property. SECTION 556.3 PUBLIC NUISANCE: Any sign, picture, transparency, advertisement, or mechanical device placed on any property contrary to the provisions of Section 556 and 556.1 is a public nuisance. SECTION 556.4. For purposes of this article, information that appears on any sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device. (a) The name, telephone number, address, or other identifying information of the owner or lessee of property used for an activity or event, or other identifying information of a sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event.
CALIFORNIA TRAFFIC MANUAL, CHAPTER 4,S SIGNS 4-01.3: No traffic sign or its supports shall bear any message that is not essential to traffic control. Any unauthorized sign placed on highway right of way constitutes a public nuisance and shall be removed.
CALIFORNIA PUC, RULE 34, FOREIGN ATTACHMENTS, OF GENERAL ORDER (GO) 95: [RE: Wooden Utility Poles] No unauthorized attachments of signs, posters, banners, decorations, wires, or any other equipment foreign to the purpose of supply, street light, or communication poles.
CALIFORNIA OUTDOOR ADVERTISING ACT, SECTION 5460, 61, 64: Misdemeanor and a public nuisances for any person to place or cause to be placed, any advertisement within 660 feet of right-a-way or on private property without the lawful permission.
FEDERAL OUTDOOR ADVERTISING ACT, SECTION 131: Prohibiting the erection and maintenance of advertising signs within 660 feet of Interstate and other Federal-aid primary system in order to protect the public investment in such highways, “to promote the safety and recreational value of public travel, and to preserve natural beauty”.
ARTICLE 5.6 POSTING OF SIGNS ON CITY-OWNED LAMPS OR UTILITY POLES SEC. 184.57. SIGNS ON PUBLIC PROPERTY PROHIBITED; EXCEPTIONS. (a) Findings. The Board hereby finds and declares: The City has a compelling need to prohibit the posting of signs on public property in order to prevent the visual pollution caused by such signs and the resulting contributions to urban blight. Moreover, the placement of signs on public property causes damage to such property and, when signs are placed on or near traffic or directional signs or similar objects, threatens the safety of vehicular and pedestrian traffic. The rise in number, size and frequency of signs on public property has increased visual clutter, risks to the vehicular and pedestrian traffic and damage to public property. This proliferation of signs on public property also threatens the character and dignity of the City's distinctive appearance, streetscapes, thoroughfares, skyline and architectural features for both residents and visitors and also depletes limited public resources for street cleaning and maintenance. SEC. 184.62. CRIMINAL PENALTY. Any Person who violates any of the provisions of this Article shall be guilty of an infraction, and, upon conviction thereof, shall be punished by a fine of not less than $50 or more than $500 or by community service in lieu of the fine. (PARTIAL)
SAN FRANCISCO PARK CODE, SECTION 3.07. RESTRICTIONS ON POSTING OF SIGNS. (a) No person shall post or affix to any tree, shrub, plant, fence, building, monument, wall, post, vehicle or other physical object in any park any written or printed material, including, but not limited to, signs, notices, handbills, circulars and pamphlets. (PARTIAL)
STATEMENT FROM OWNERS OF PRIVATE UTILITY FIXTURES: “...attached material pose serious work hazards to our employees. Also, the use of nails, staples, and other attachment materials results in additional maintenance on the affected facilities. Accordingly, we have adopted a firm policy of not permitting the attachment of these materials to utility poles or other facilities.” “The United States Supreme Court made it clear that third parties have no legal right to use utility property to communicate message to the public [Pacific Gas and Electric Company v. Public Utilities Commission, 475 U.S.1 (1986). Also the placement of signs, pictures, and other forms of advertising on private property without the owner’s permission is restricted under California law, (Penal Code Sections 556.1 and 593).”
YOU CAN AID IN THE CLEANUP OF OUR URBAN ENVIRONMENT BY PROMPTLY REMOVING GRAFFITI, PROMOTIONAL SIGNS AND LITTER AND IN ADDITION, REPORTING SUCH ABUSE TO THE CITY’S TELEPHONE HOTLINE - 311