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Home My WebLink About8.4 Nonconforming and Illegal Signs CITY OF DUBLIN AGENDA STATEMENT 1+Oo—J 0 CITY COUNCIL MEETING DATE: October 28, 1991 SUBJECT: Status of Nonconforming and Illegal Signs within the City of Dublin as Identified by Ordinance No. 7-86 REPORT PREPARED BY: Ralph Kachadourian Assistant Planner/Zoning Investigator EXHIBITS ATTACHED: Exhibit A: Updated Nonconforming Sign Summary List Attachment 1 : Portion of Chapter 2 . 6 of the Business and Professions Code RECOMMENDATION: 1) Receive the Staff Report 2 ) Give Staff Direction concerning Nonconforming and Illegal Signs FINANCIAL STATEMENT: None BACKGROUND: On May 12 , 1986 , the City Council adopted Ordinance No. 7-86 which reorganized and modified the City of Dublin Zoning Ordinance relating to City sign regulations . The Ordinance was subsequently amended by the City Council on January 26 , 1987 , and on September 12, 1988 . The Dublin Sign Ordinance requires that all signs and their supporting members rendered nonconforming by enactment of the ordinance, including signs previously approved through a Variance and/or Conditional Use Permit process, shall be brought into compliance on or prior to three ( 3) years from the effective date of the ordinance. The ordinance also allows the Planning Director to grant an additional three ( 3 ) year extension to bring the signs into compliance. A comprehensive sign survey was completed in 1988 which identified all nonconforming signs within the City. This sign survey identified 180 business sign locations as nonconforming signs . On February 1, 1988, notification letters were sent to both the property owners and to the business addresses of the sites which had nonconforming signs . On June 16 , 1989 , the business addresses and property owners , whose signs still did not comply with the ordinance, were sent letters notifying them of their options to either, 1) bring the sign( s) into compliance, 2 ) remove the sign(s) , or 3) apply for a time extension for up to three ( 3) years . ANALYSIS : The attached Nonconforming Sign Summary List has been updated to reflect the current status of the remaining nonconforming and illegal business signs . The original sign inventory identified 180 business sign locations as having nonconforming signs . The attached Nonconforming Sign Summary List ( see Exhibit A) contains only 99 listings, in that 81 sign locations were corrected prior to compiling this comprehensive summary list. Of the total 180 nonconforming signs, 123 ( 68% ) have been brought into compliance with the sign ordinance (the attached summary list indicates 42 were corrected, the other 81 were corrected prior to the list) , five ( 5) signs ( 3%) remain illegal (pursuant to State Law) in that they were not removed or brought into compliance and did not request an extension, and fifty-two ( 52 ) business sign locations ( 29%) currently have three ( 3) year extensions which will expire in July, 1992 . ITEM NO. COPIES TO: General/Agenda File Senior Planner Project Planner r CITY CLERT� LEGAL OPTIONS : Staff and the City Attorney have identified the following options available to the Council upon the expiration of the amortization period for the nonconforming signs : 1 . The Council may extend the amortization periods as set forth in the sign ordinance . However, it should be noted that most of the original 180 nonconforming signs have been either modified or removed in compliance with the City' s sign ordinance. Extending the amortization period may be viewed as being unfair to those businesses which have already complied with the ordinance. If the Council decides to extend the amortization period, Staff and the City Attorney recommend the length of the extension be based on current market value of signs rather than an across-the-board extension date. 2 . The Council may follow the enforcement procedures established by State law (Business and Professions Code) for abatement of illegal on-premises signs (see Attachment 1) . Under State law, a legally erected nonconforming sign for which the amortization period has expired and conformance with the ordinance has not occurred, is considered an illegal sign. In following the State procedures for removal of illegal signs, the City Council would need to adopt a resolution declaring all illegal on-premises signs a public nuisance and abate the signs . The resolution would need to describe the property on which the nuisance ( illegal sign) is located and designate the enforcement officer to abate the nuisance . Ten ( 10) days prior to adoption of the resolution, a written notice must be sent to all the property owners of the property described within the resolution (See Attachment 1, Section 5499 . 2 ) . 3 . The City Council may amend the Sign Ordinance to include abatement procedures (different for the State procedures) and/or citation procedures for nonconforming signs which are not in compliance with the Sign Ordinance at the expiration of the amortization period. Regardless of which option the Council decides to utilize, eight ( 8 ) months (November) prior to the expiration date of the extension requests , notification will be sent to those locations with nonconforming signs reminding the property owners and business addresses that compliance with the Sign Ordinance is required prior to July 1992 at which time those signs which have not complied with the ordinance will become illegal signs (per State law) . Follow-up reminder letters will also be sent at six ( 6 ) months , three ( 3) months and one ( 1) month prior to the July 1992 expiration date. Staff recommends the City Council provide direction regarding compliance of nonconforming signs . \sign-ag.doc Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7000 Amador Plaza 2/11/88 5/10/89 6/16/89 6/5/89 18 month Cinema 6 6/18/90 3 year General Cinema F/S & Wall Signs 7111 Amador Plaza 2/1/88 3/21/89 6/12/89 3 year Custom Fireplace, Patio & BBQ Karp (owner) Wall Signs 7381 Amador Valley 2/1/88 yes 6/16/89 PA 91-016 corrected Dublin Cyclery approved Zlot (owner 3/18/91 Wall Signs 7399 Amador Valley 2/1/88 yes 6/6/89 3 year Coin Wash & Dry Zlot (owner) Wall Signs 7375 Amador Valley 3/6/89 no 6/16/89 Issued, sign PA 86-065 6/26/89 3 year Unocal Station not complying approved F/S & Wall Signs to SDR 10/3/86 approval 7405 Amador Valley 2/1/88 3/28/89 6/2/89 3 year LB Nails ,® Zlot (owner) Wall Sign 7417 Amador Valley 2/1/88 3/28/89 6/16/89 7/11/89 3 year Cheryl's Hair Design Zlot (owner) Wall Sign 7423 Amador Valley 2/1/88 3/28/89 Issued 6/6/89 3 year 2 signs exist, Gun Shop 11/87 1 sign allowed Zlot (owner) Wall Signs /signl0-91 1 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7435 Amador Valley 2/1/88 3/28/89 6/2/89 3 year Chez Twille Deli Zlot (owner) Wall Sign 7441 Amador Valley 2/1/88 3/28/89 6/7/89 3 year Vacuum Cleaner Factory Zlot (owner Wall Sign 7447 Amador Valley 2/1/88 3/28/89 6/16/89 7/10/89 3 year Dublin Jewelers Zlot (owner) Wall Sign 7453 Amador Valley 2/1/88 4/19/89 6/6/89 3 year Dublin Corner Barber Shop Zlot ( owner) Wall Sign 7459 Amador Valley 2/1/88 3/28/89 6/16/89 6/2/89 3 year Eve's Place Zlot (owner) Wall Sign 7465 Amador Valley 2/1/88 3/28/89 6/16/89 PA 91-006 corrected Fandango's Restaurant approved Townsend (owner) on 2/11/91 Wall Signs 7567 Amador Valley 2/1/88 4/20/89 6/16/89 corrected Amador Plaza Associates (owner) Amador Plaza Office Bldg F/S Sign /sign10-91 2 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7699 Amador Valley 6/13/88 3/27/89 6/16/89 Issued 7/17/89 3 year corrected Professional Travel Assoc. 3/88 Barbara Cross ( owner) Wall Sign 7727 Amador Valley 6/13/88 yes 6/16/89 6/21/89 3 year corrected Dublin Dinettes Barbara Cross ( owner) Wall Signs 7739 Amador Valley 6/13/88 3/27/89 6/7/89 3 year corrected Fishermens Village Barbara Cross (owner) Wall Sign 7777 Amador Valley 6/13/88 3/28/89 6/16/89 corrected Fotomat Kiosk Barbara Cross ( owner) Wall Signs 7783 Amador Valley 6/14/88 yes 6/9/89 3 year corrected Ginghas Kahn Restaurant Barbara Cross (owner) Wall Signs 7850 Amador Valley 2/1/88 yes 6/16/89 6/26/89 3 year Unocal Service Station F/S & Wall Signs 7851 Amador Valley 1/13/88 yes 6/16/89 7/12/89 (p) 3 year Gallaghers Pub F/S & Wall Signs 7867 Amador Valley 1/13/88 no 6/16/89 7/12/89 3 year Dough Boys Donuts Wall Sign /signl0-91 - 3 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7980-8000 Amador Valley early 1988 no 5/18/89 3 year Freestanding Directory Sign K & S Co . (owner) 7988 Amador Valley 1/25/88 yes 6/12/89 3 year Glory Dry Cleaners & Laundry Wall Signs 7989 Amador Valley 2/1/88 yes 6/16/89 7/11/89 3 year Fosters Freeze Tafjen ( owner) Wall Signs 7992 Amador Valley 1/25/88 yes 6/9/89 3 year Pip Printing 7995 Amador Valley 2/1/88 yes 6/16/89 PA 90-077 corrected Casa Orozco Restaurant approved Tafjen (owner) Wall Signs 8000 Amador Valley 1/25/88 yes 6/16/89 corrected Iron Tech (Nuero Sport) Wall Signs 6363 Clark Avenue 12/15/87 6/16/89 2/12/89 3 year National Food Lab Directory Signs 6375 Clark Avenue 12/17-21/87 5/15/89 6/16/89 7/12/89 3 year corrected Sleepy Hollow Invest. F/S Sign 6377 Clark Avenue 12/17-21/87 5/15/89 6/16/89 7/12/89 3 year corrected Sleepy Hollow Invest. F/S Sign /signl0-91 - 4 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 8850 Davona Drive early 1988 yes 6/16/89 7/12/89 3 year St. Phillips Lutheran Church ID Sign 5933 Dougherty Road early 1988 yes PA 89-059 7/12/89 3 year Operation has Crown Isuzu Withdrawn ceased: signs F/S & Wall Signs still in place 5965 Dougherty Road early 1988 Given corrected Borcher Bros . until Frument (owner) 2/25/90 F/S & Wall Sign 6053 & 6055 Dougherty Road early 1988 Given corrected Winston Tires until F/S & Wall Signs 2/25/90 6253 Dougherty Road 9/87 yes 6/16/89 7/12/89 3 year American Building Components Wall Sign 6289 Dougherty Road 12/17/87 no, filed PA 90-002 corrected Sherwin Williams for SDR Wall Sign 6401 Dublin Blvd 11/17/87 yes 6/16/89 6/26/89 3year Union Oil F/S & Wall Sign 6715 Dublin Blvd early 1988 issued corrected Murco Center #90-0014 Sign Program Wall Signs 6743 Dublin Blvd issued corrected Murco Center #90-0014 Sign Program Wall Signs 5 - /signl0-91 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 6801 Dublin Blvd 11/10/87 5/12/89 6/16/87 6/22/89 3 year Dublin Office Supply Kent (owner) 1/18/88 Wall Signs 6999 Dublin Blvd 11/10/87 yes 6/14/89 corrected Park Plaza F/S Sign 7129-7141 Dublin Blvd 11/17/87 yes PA. 88-146 corrected Dublin Village approved F/S Sign 7145 Dublin Blvd 11/17/87 no PA 90-021 6/7/89 3 year corrected McDonald's SDR/CUP Wall Sign 7450 Dublin Blvd 2/1/88 4/25/89 6/16/89 PA 91-046 Variance Dublin Cinema CUP/VAR Denied - CUP Enea (owner) 8-19-91 Approved F/S Sign Variance Appealed 7499 Dublin Blvd 2/1/88 yes 6/16/89 6/2/89 3 year Shamrock Ford Woulfe (owner) F/S & Wall Signs 7544 Dublin Blvd 2/1/88 yes 6/16/89 yes 3/3/69 PA 87-003 7/12/89 Wall signs conform Crown Chevrolet given to 1-4/87 Costello (owner) 2/25/90 3 year F/S & Wall Signs to comply 11805 Dublin Blvd early 1988 yes 6/16/87 PA 90-037/SDR 5/30/89 1 year Community lst Nat'l Bank submitted 6/18/90 3 year-requested by Wall Signs Applicant /signl0-91 - 6 - Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 11819 Dublin Blvd early 1988 yes 6/5/89 3 years corrected Matleys Wall Sign 11827 Dublin Blvd early 1988 5/19/89 6/16/89 corrected Cal Medical Supply Wall Sign 11845 Dublin Blvd early 1988 yes 6/16/89 7/12/89(p) 3 years corrected Hair Dimensions Wall Sign 11847 Dublin Blvd early 1988 yes 6/16/89 6/22/89 3 years corrected Len's Barber Shop Wall Sign 11851 Dublin Blvd early 1988 yes 6/12/89 3 years corrected Dublin Corral Wall Sign 11989 Dublin Blvd 2/1/88 4/25/89 6/16/89 6/26/89 3 years corrected Shell Station Ben ( owner) F/S & Wall Sign 6450 Dublin Court 11/10/87 no 6/9/89 3 years Crossroads Toyota-Pontiac F/S & Wall Signs 6700 Golden Gate Drive 2/1/88 yes 6/16/89 6/9/89 3 year Unisource Bedford ( owner) Wall Signs 6513 Regional Street PA 88-049 corrected Willow Tree Restaurant Wall Signs /signl0-91 7 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7102 Regional 2/1/88 yes 6/16/89 PA 91-033 corrected Grand Auto approved on Wall Signs 6/13/91 7212 San Ramon 11/20/87 5/15/89 6/5/89 3 year corrected Dublin Iceland Wall Sign 7360 San Ramon 2/1/88 6/16/89 7/12/89(p) 3 year True Value Hardware Nichandros (owner) Wall Sign 8953 San Ramon early 1988 PA 88-072 corrected La Cocina de Luis San Ramon Investment Co. (owner) Wall Signs 8909-8953 San Ramon early 1988 5/15/89 6/12/89 3 year San Ramon Village Plaza Center San Ramon Investment Co. (owner) F/S Signs ( 2 ) 8999 San Ramon 2/1/88 5/15/89 6/16/89 June 1987 PA 87-138 6/26/89 3 year corrected Shell Service Station April 1990 approved Investment Co. ( owner) F/S & Wall Signs 5777 Scarlett Ct 10/16/87 5/12/89 6/16/89 84 Lumber Co. F/S & Wall Signs 6055 Scarlett Ct 11/10/87 5/12/89 Issued 3/89 6/7/89 3 year Scotsman Man. Inc. F/S & Wall Signs - 8 - /signl0-91 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 6015 Scarlett Ct 11/10/87 5/12/89 6/16/89 1/87 PA 89-143 6/22/89 3 years corrected Burke Forms Group in process 9/22/89 Wall Signs 6335 Scarlett Ct early 1988 PA 83-033 Busick Air SDR only Wall Sign/Directory Sign 6355 Scarlett Ct 5/24/88 5/12/89 6/16/89 5/18/89 3 year #11 Diablo Eng & Machine Inc. Wall Signs 6355 Scarlett Ct 5/24/88 6/16/89 corrected #1 Marshall Forman Co Wall Sign 6365 Scarlett Ct early 1988 Dolan Lumber Wall Signs 6389 Scarlett 11/9/87 5/12/89 6/16/89 7/12/89 3 year Thorn Enterprises F/S Sign 6500 Scarlett early 1988 6/9/89 3 year corrected Miracle Auto Painting Ross (owner) F/S & Wall Signs 6465-6557 Sierra Lane 1/21/88 5/15/89 6/16/89 PA 91-056 7/12/89 3 year SDR approval Sierra Business Ctr approved for new F/S & Wall Signs 8/22/91 directory sign 6591 Sierra Lane early 1988 yes 6/12/89 3 year Bedford Tenant Directory Sign /signl0-91 9 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 11555 Shannon Ave 4/18/88 5/12/89 6/16/89 PA 89-087 corrected St. Raymonds Church ACUP F/S Sign 6575 Trinity Court 1/1/88 5/12/88 6/16/89 6/12/89 3 year Bedford Directory Sign 6300 Village Parkway 12/15/87 5/15/88 6/7/89 3 year Operating Engineers Local ##3 Federal Credit Union F/S Sign 6568 Village Parkway 12/15/87 yes gave till PA 83-067 corrected Pizza Depot ` 8/25/89 F/S & Wall Signs 6844 Village Parkway 12/17-21/87 1/15/89 6/16/89 PA 91-017 corrected K.C. Asign Food Center to Karate approved Wall Sign 6851 Village Pkwy 2/1/88 5/15/89 6/16/89 6/1/89 3 years Parkway Vet Hospital Wall Sign 6955 Village Pkwy 2/1/88 5/15/89 5/30/89 3 years Midas Muffler F/S & Wall Signs 6973 Village Parkway 12/15/87 5/15/89 6/16/89 7/12/89 3 years Corwood Carwash F/S & Wall Signs 6998 Village Parkway 12/17-21/87 5/15/89 6/16/89 7/6/89 3 years Caspers Hot Dogs Wall Signs 10 - /signl0-91 Non-Conforming Sign Summary List Extension Extension Compliance/ Ad dress/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7016 Village Parkway 6/12/89 3 years John & Bill 's Transmission Wall Signs 7001-7033 Village Parkway 12/17-21/87 5/15/89 6/16/89 AMS Bldg. ID Sign F/S Sign 7033 Village Pkwy 6/6/88 5/1/89 5/16/89 corrected Dr. Lee Office Ghysels (owner) Wall Sign 7042 Village Parkway 5/1/89 3 years Amador Ceramics Hucke (owner) Wall Sign 7054 Village Parkway 6/14/89 3 years D's Arts & Crafts Hucke (owner) Wall Sign 7100 Village Parkway 6/14/89 3 years corrected Wolds House of Hobbies Hucke (owner) Wall Sign 7104 Village Parkway 5/24/89 3 years Dublin Tire Service Hucke (owner) Wall Sign 7140 Village Pkwy 2/1/88 3/89 6/12/89 3 years Broadway Muffler Hucke (owner) Wall Sign-Facing A.V.B. - 11 - /sign10-91 Non-Conforming Sign Summary List Extension Extension Compliance/ Address/Name Date Mailed Rmnder 1 Rmnder 2 Bldg Permit SDR Received Period Comments 7108 Village Pkwy 1/25/88 yes 6/16/89 6/26/89 3 years corrected AAA Locksmith Hucke (owner) Wall Sign 7114 Village Pkwy 1/25/88 3/89 6/16/89 7/12/89 3 years corrected Video Central Wall Sign 7150 Village Parkway 1/25/88 3/89 6/87 issued 6/12/89 3 years Hong Kong Restaurant work not done Wall Sign 7249 Village Parkway 12/17-21/87 5/25/89 6/12/89 3 years Arco AM/PM Mini Market F/S & Wall Signs 8151 Village Parkway 4/18/80 yes yes 6/12/89 3 years Dublin High School F/S & Wall Signs 8265 Village Parkway early 1988 yes 5/22/89 3 years Professional Office Building F/S Directory Sign F/S Sign 8203 Village Parkway 4/18/88 yes yes PA 90-120 7/10/89 3 years corrected LDS Church ACUP ID Sign * * * E N D 12 - /si-.Qn ] 0-91 PROFESSIONS AND VOCATIONS Dig. 3 Chapter 2.6 ORDINANCES GOVERNING GN-PREIriISE ADVERTISING DISPLAYS Section 5499.1. Definitions. 5499.2. City or county resolutions; declaration as public nuisances Gild abat.-1:e:;: of illegal on-premises advertising displays; notice. 5499.3. Posting of notices. 5499.4. Form of notice. 5499.5. Tiinc for posting notices. 9 5499.6. Written notice of proposed abatement. 5499.7. Hearing; continuance; ob;ecaions; finality of decision; ordcr to a;_.::c. 5499.8. Entry upon private property. 5499.9. Removal b%, owner; special assessment and lien for 5499,10. Cost of abatement; itemized written report. 5499.11. Abatcmcnt by contract. 1 5499.12. Cost of abatement; special assessment.. and lien. ' 5499.13. Issuance of receipts (or abatement costs. ru 5499.14. Refund of assessments. 5499.15. Property damage caused by city or county officer or c7mp oyee; meth. Ir 5499,16. Chapicr as altern.ti e procedure. Chapter 1..6 was added by Srats.1987, c, 1281, 5` 6. Library References Zoning and Planning X81. WFSTLAW Topic ,,\o, 414, C.J.S- Zoning and Lane] PI--, ;ng §§ 25, 61, Z _ § 5499.1. Definitions i For purposes of this chapter only: (a "Illegal on-premises advertising display" means any of the followir: : (1) An on-premises advertising display erected without first Complying v,-_;h all ordinances and regulations in effect at the time of its construction l erection or use. ; (2) An on-premises advertising display that was legally erected, bui whose use has ceased, or the structure upon which the display is placed has bett-n abandoned by its owner, not maintained or not used to identify o• r•1 e an ongoing business for a period of not Icss than 90 days. 4 (3) An on-premises advertising display that ,vas legally erected wLh became nonconforming as a result of the adoption of an ordiamortization period for the. display provided by the ordinance rerndisplay nonconforming has expired, and conformance has not be - plished, F: (4) An on-premises advertising display which is a danger to the public or is unsafe. 144 i ATTACHMENT 1 ON—PREMISES ADVERTISING § 5499.3 Ch. 2.6 (5) An on-premises advertising display which is a traffic hazard not created by relocation of streets or highways or by acts of the city or county. (b) "On-premises advertising display" means any structure, housing, sign., device, figure, statuary, painting, display, message placard, or other contri. vance, or any part thereof, which is designed, constructed, created, engi- E neered, intended, or used to advertise, or to provide data or information. in , the nature of advertising, for any of the following purposes: c (1) To designate, identify, or indicate the name of the business of the owner or occupant of the premises upon which the advertising display is located. (2) To advertise the business conducted, services available or rendered, or the goods produced, sold, or available for sale, upon the property where the advertising display is erected. (c) "Enforcement officer" means the public employee or officer designated { by the legislative body of the city or count�' to perform the duties imposed by 1 this chapter on the enforcement ofriccr. (added by Stats.1987, c. 1281, § 6.) § 5499.2. City or county resolutions; declaration as public nuisances and abatement of illegal on-premises advertising displays; notice GAD l (a) The legislative body of a city or county may declare, by resolution, as public nuisances and abate all illegal on-premises advertising displays located within its jurisdiction. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number ' according to the county or city assessment map and its street address if known. Any number of parcels of private property may be included in one resolution. (b) Prior to adoption of the resolution by the legislative body, the clerk of the legislative body shall send not less than a 10 days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on tilt last equalized assessment roll available on the date the notice is prepared. The. notice shall state the date, time, and place. of the hearing and generally describe the purpose of the hearing and the nature of the illegality of tilt display. (Added by Stats.1987, c. 1281, §• 6.) § 5499.3. Posting of notices After adoption of the resolution, the enforcement office: shall cause notices to be conspicuously posted on or in front of the property on or in front. of Which the display exists. L (Added In, Stats.1987, c. 1281.• 6.) 145 41