Viral Video of Political Sign Theft Begs the Question Is it Illegal
There are no State Election Codes related to removing political signage. Period. Nothing is mentioned in the ELEC § 18370 which deals with electioneering (what can and cannot be done related to the day(s) you vote or drop off your ballot)
Neither is there anything in the L.A. Municipal code. Not under "theft" or "petty theft" or "steal"
However, California Penal Code 488 & 594 addresses petty theft and vandalism.
Penal Code 488 considers unauthorized removal petty theft if the sign’s value is under $950, while Penal Code 594 covers vandalism, which includes defacing or destroying property. If damage exceeds $400, the offense may be charged as a felony.
Los Angeles Election code rev. 10/26/2021 does not mention the word "campaign" or "sign"
Los Angeles Municipal Code does not mention the word "steal"......at all. Theft is mentioned thirty-three times, but nothing regarding political signs.
If the signage is on private property an issue of trespassing is enforceable. However, the viral video shows a sign on the "boulevard" that area NOT MAINTAINED BY THE CITY between the sidewalk and street. When the city did not want to fix sidewalks ruined by various trees, especially ficus, planted for the 1986 Olympics a small window of responsibility was admitted by the City but once that window closed property owners had to maintain the trees and lawn.
Some have suggested the LA Municipal Code Article 8 Sec. 28.04 prohibits anyone from removing signage. It does not. It does stipulate what is an illegal placement of a sign and if the City removes it (or utility company) the candidate can be fined.
Los Angeles Municipal CODE ARTICLE 8 SEC. 28.04. HAND-BILLS, SIGNS – PUBLIC PLACES AND OBJECTS.
(a) No person shall paint, mark or write on, or post or otherwise affix, any hand-bill or sign to or upon any sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, tree, shrub, tree stake or guard, railroad trestle, electric light or power or telephone or telegraph or trolley wire pole, or wire appurtenant thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting system, public bridge, drinking fountain, life buoy, life preserver, life boat, or other life saving equipment, street sign or traffic sign. The prohibition of the ordinance applies to telephone poles owned by public utilities as well as poles owned by some political entity, and is a valid exercise of the police power. People v. Kaplan, CR A 1623.
91.6201.2. Sign Permits. (Amended by Ord. No. 179,416, Eff. 12/20/07, Oper. 1/1/08.)
1. A building permit shall be obtained from the Department in accordance with the provisions of Section 91.106 of this Code for any sign (including a temporary sign) and/or sign alteration, other than changes or replacement of copy, that are regulated by this division or by Chapter I of the LAMC. Where signs are illuminated by electric lighting, an electrical permit shall also be obtained as required by the Electrical Code.
EXCEPTIONS: (Amended by Ord. No. 184,692, Eff. 12/30/16.)
c. Temporary signs conforming to the requirements of Article 4.4, Chapter I of the Los Angeles Municipal Code which contain political, ideological, or other noncommercial messages.
Sec 14.4.16 specifies political signs do not require a permit.
A. Permit Required. Notwithstanding any other provision of this article, a building permit shall be required for a temporary sign, pennant, banner, ribbon, streamer or spinner,
other than one that contains a political, ideological or other noncommercial message.
SEC. 106.02. SUBSTITUTION CLAUSE.
(Added by Ord. No. 185,607, Eff. 7/23/18.) Any ideological, political or other noncommercial message may be placed on any sign permitted by this Article 6.
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