March 28, 2002
LODI NEWS
SENTINELLockeford merchants can display
signs, but it will cost them
By Ross Farrow/News-Sentinel staff writer
California Department of Transportation
officials, at odds for almost two years with a
group of Lockeford merchants over signs and
merchandise being placed on sidewalks on Highway
88, finally met face to face this week to iron out
their differences.
The meeting, conducted Tuesday at the
Clements-Lockeford Chamber of Commerce office,
resulted in mixed reviews. Some said it was a
positive meeting, while others saw it as not
solving the problem.
While Caltrans’ representative Zellie Loehrer
said that business owners may apply for either an
advertising or encroachment permit, some merchants
see the offer as cost-prohibitive.
“They’ve got a vendetta because we squawked,”
said Connie Ottinger, who owns Farmhouse Antiques
on Highway 88.
Merchants became angry in 2000 when Caltrans
workers removed sandwich-style signs in front of
Highway 88 businesses because the signs, while
clearly on the sidewalk, were within Caltrans’
right of way. Caltrans officials come to Lockeford
from time to time to either remove the signs
themselves or force the business owner to remove
them.
At some shops, primarily on the north side of
Highway 88, the right of way is along the
building, which means that no signs or merchandise
can be placed in front of the store.
At other locations, the right of way is in the
middle of the sidewalk, allowing signs to be
placed on the portion of the sidewalk closest to
the storefront. If anyone crosses that line with a
sandwich board or merchandise, the business gets
in trouble with the state.
Hazlip and neighboring antique owner Doug
Ottinger, who are affected by the Caltrans
regulations, said they need to have merchandise on
display outside their stores to attract
passers-by, especially those going through town to
or from the foothills.
An encroachment permit costs $80 per hour for
research, which may go through five or six
Caltrans departments, said King Hazlip, who owns
No Left Turn Antiques and Collectibles on Highway
88.
An advertising permit from Caltrans would cost
$300.
“It’s not worth it for a lousy sandwich sign,”
said Yvonne McCarty, co-owner of Computer Bob’s on
Highway 88. “We’re just little companies.”
Caltrans officials are studying whether to
reduce or waive the fees, said Caltrans spokesman
Robert Spradling. A decision is expected in about
a week.
“I can see (the fee) if it was a multi-million
dollar developer doing it,” Hazlip said. “My
pockets are not as deep as a developer.”
Spradling points to Section 724 of the
California Streets and Highways Code as the reason
signs must be removed from sidewalks in parts of
Lockeford.
The code says that “encroachment” on any state
highway is a misdemeanor and subjects the business
owner to liability in case of an accident.
Although some merchants may consider the
right-of-way law unreasonable, it must be
enforced, Spradling said.
“These are laws Caltrans must abide by,”
Spradling said. “That’s a law, not a Caltrans
rule. It’s not up to our discretion.”
However, it is the California Highway Patrol’s
discretion to issue $75 citations for merchants
who violate the right-of-way law.
CHP officer Ted Montez, who attended Tuesday’s
meeting in Lockeford, said it’s not a high
priority for officers to drive to Lockeford and
issue citations for signs and merchandise on their
sidewalks. But if someone brings the matter to the
CHP’s attention, an officer will respond, Montez
said.
Spradling said the permit process is
justifiably lengthy because different
circumstances may exist with each business.
Instead of having a Caltrans employee rule on all
affected Lockeford businesses at once, officials
must base their decision on such issues as the
proposed sign location and whether it would be
located within the Caltrans right of way 24 hours
a day or just during business hours, Spradling
said.
“What Caltrans wants to do is work with the
merchants. |
