§ 48-47. Signs in the right-of-way or on public property.

(a)

An unauthorized sign in the right-of-way or on public property is hereby declared to be a nuisance.

(b)

Signs prohibited.

(1)

No person shall place or cause the placement of a sign in the right-of-way or on public property, including but not limited to any street, sidewalk, park, tree, or utility poles. The act of placement will be deemed to continue until such sign is removed.

(2)

Any sign placed or installed in the right-of-way will be deemed an unlawful sign and an abandoned sign and will be subject to immediate removal by the city.

(3)

The existence of a sign in the right-of-way or on public property directing attention to a person is prima facie evidence that such person has caused the placement of such sign in the right-of-way or on public property.

(4)

The existence of a sign in the right-of-way or on public property directing attention to a business, product or service is prima facie evidence that the owner or the agent for the owner of that business, product or service caused the placement of such sign in the right-of-way or on public property.

(5)

The existence of a sign in the right-of-way or on public property directing attention to an event is prima facie evidence that the promoter of that event or the agent for the promoter caused the placement of such sign in the right-of-way or on public property.

(c)

Exception. The following signs shall be an exception to the prohibition in subsections (a) and (b):

(1)

Signs installed by any of the following and directly related to the use of the right-of-way or public property, including the control and direction of traffic:

a.

City, county or state government entities;

b.

Any transit company authorized to provide service to or through the city;

c.

Any public utility with a franchise or other agreement with the city; or

d.

Any other government entity or person expressly authorized by local, state, or federal law or contract to install a sign in the right- of-way.

(2)

No sign permitted by this section may contain any commercial message or image other than one related to a utility or transit service, and no such sign may be animated or lighted, unless the commercial message or image, animation or lighting is expressly required by a valid and applicable local, state or federal law.

(d)

Definitions.

(1)

Public property. Any land owned by the city, county state or federal government.

(2)

Right-of-way. The area on, below or above the present and future city streets, alleys, bridges, bikeways, parkways and sidewalks that is owned or controlled by the city, county, state or federal government.

(3)

Sign. Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure, or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

(e)

Enforcement.

(1)

Penalties. Any violation of this section may be prosecuted in municipal court, or through the administrative process set out in division 2 of this chapter. Notwithstanding any other provision in this chapter, the penalty for the first violation of this section shall be $20.00. The penalty for the second or subsequent violation of this chapter shall be a fine of not less than $20.00 but not more than $1,000.00 for each sign.

(2)

Other remedies and enforcement powers.

a.

The city may remove any unauthorized sign in the right-of-way at any time.

b.

Upon receipt of any complaint of a sign in the right-of-way, the city may notify the presumed owner of the sign through the contact information on the sign (or through any other available information) that the owner has 24 hours to remove the sign before a citation will be issued. This 24-hour enforcement delay will not be offered to any person or business that has previously been notified regarding the sign at issue or any other sign.

c.

The city may seek such other remedies and use other enforcement powers, as allowed by law.

(3)

Citizen enforcement.

a.

For any sign posted in violation of this chapter, any individual authorized by the director of neighborhood and community services, after appropriate safety training, may:

(i)

Remove the sign; and

(ii)

Either:

(A)

Discard the sign in an appropriate manner; or

(B)

Submit the sign to the department of neighborhood and community services for further enforcement proceedings.

b.

A submission to the department of neighborhood and community services for further enforcement proceedings must be accompanied by an affidavit, in the form and tenor required by the department, that describes the circumstances of the violation and removal.

(Ord. No. 120312, § 1, 4-12-12)