§ 28-26. Illegal signs.

Sign prohibitions and restrictions. Any person who constructs, displays, maintains, permits or requests any person to construct, display, or maintain any of the following prohibited signs on property under their control commits an offense under this article:

(1)

Abandoned signs. Any sign on private property that promotes a time, event, message, business, election or purpose shall be removed within fourteen (14) days after the issue is decided, the event has taken place, or the establishment has gone out of business.

(2)

Fence signs in or adjacent to and facing residential zoning districts. Any sign painted on a fence, railing or wall which is not a structural part of the building on property located in or adjacent to, and facing a residential zoning district, whether or not on the property line, other than a nameplate sign conforming to the provisions of this article.

(3)

Improperly illuminated signs. Any sign which is illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance. No signs which blink, flash or are animated by lighting, in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings, from a distance. No sign, other than a permitted animated sign or an electronic message display shall be illuminated, in whole or part, where the illumination is intermittent or varies in color or intensity from time to time. The use of searchlights is prohibited. Unless otherwise noted herein, all lighting of signs shall be indirect or internally illuminated lighting as defined herein, and all floodlights shall be shielded. Artificial lighting of any type used to illuminate buildings, structures, outdoor sales areas or outdoor storage areas unless shielded, not including lights installed only during the months of November and December for areas in which Christmas trees are offered for sale, or for the purpose of outdoor lighting in conjunction with displays for holiday lighting and lights installed on a temporary basis in areas in which permitted carnivals, fairs or other similar activities are being held. Glare producing surfaces on signs are not allowed. Lights which are part of or illuminate a sign must be shielded, directed and positioned to prevent beams or rays of light from being directed at any portion of the travel ways of a city roadway or any adjacent residential use. Lights may not be of such intensity or brilliance as to cause vision impairment of a driver of any motor vehicle on a city roadway or otherwise interfere with the driver's operation of a motor vehicle and may not obscure or interfere with the effectiveness of an official traffic sign device or signal.

(4)

Obstruction to doors, windows or fire escapes. Any sign erected, relocated or maintained so as to prevent free ingress to or egress from any door, window fire escape or other area intended for human travel, or attached to a stand pipe or fire escape. No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement or a driveway required to access parking.

(5)

Portable and vehicle signs. No person shall display any sign attached to a vehicle, trailer, skid, or similar mobile structure, where the primary use of such structure is to provide a base or constitute the sign itself. No person shall park any vehicles with a vehicle sign in the same location or vicinity at frequent or extended periods of time, where the apparent intent as determined by the city is to use the vehicle and attached vehicle signs for purposes of advertising. It shall be prima facie evidence that a sign is used to advertise a product or message in violation hereof if parked at the same location in an area visible to a public right-of-way for a continuous period exceeding seventy-two (72) hours with the following exceptions: 1) construction trailers temporarily placed on active, permitted construction sites which advertise the business constructing facilities on the site; and 2) signs on governmental law enforcement and emergency response vehicles.

(6)

Pennants and private flags. Except those temporarily attached to automobiles or temporarily displayed with a logo, product, business name or other advertising, and balloons, as part of a special sale, promotion or community event where the user has acquired a special event certificate. Country flags are not considered private flags for this section.

(7)

Obscene. No sign or other advertising structure shall display any matter in which the dominant theme of the material taken as a whole appeal to a prurient interests, or it patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.

(8)

Odor, sound or visible matter emitting signs. No sign shall be permitted to emit sound, odor, or visible matter so as to cause a distraction to persons within a public right-of-way.

(9)

Sidewalk. Any sign, attached or painted on any sidewalk, curb, gutter or street, except house or street address numbers, traffic control signs and devices, wayfinding signs, or street signs placed by the city, state, federal government or other authority charged by law with regulating traffic safety.

(10)

Signs constituting a traffic hazard. Any sign erected or maintained in any visibility triangle, or in such other location so as to obstruct free and clear vision of vehicular traffic of adjacent streets, roadways, sidewalks, or other public rights-of-way, any authorized traffic sign, signal or device, or which, by reason of position, shape, color, degree, manner or intensity of illumination, interferes with vehicular or pedestrian traffic. Any sign which, by reason of words, phrases, symbols or characters, pictures, graphics, or lights, tends to interfere with, mislead or confuse traffic.

(11)

Signs in any easement. Any sign located, in whole or part, in any easement (utility, drainage, etc.) except where a property owner be able to demonstrate to the city engineer and/or franchise utility company that there is no other viable location for a sign other than a utility easement, a sign may be located within the utility easement subject to written approval from the city engineer or designee and franchise utility company and subject to providing of a letter to the city releasing the city of any liability for repair or replacement of a sign damaged by work occurring within the utility easement.

(12)

Signs in or over right-of-way. Any sign located, in whole or in part, in or over any public right-of-way, except for directional or warning signs placed by an authorized government agency, or as provided for elsewhere in this code.

(13)

Sign on tree, pole, snipe signs etc. Any sign attached to or painted upon any tree or public utility pole or structure is prohibited; provided that this does not prohibit the utility provider which maintains a public utility pole or structure from attaching to the utility pole or structure a cautionary or warning sign warning of dangers related to the presence of the utility line.

(14)

Signs posted in specified areas. Unless otherwise permitted within this chapter, no person shall post or cause to be posted, attach or maintain any sign upon:

a.

Any property not platted in conformance to the subdivision regulations of the city.

b.

No sign shall be erected nearer than ten (10) feet from any telephone cable, power line or any street light standard.

c.

No electronics/color video signs are allowed in residential areas, except for schools and churches.

(15)

Signs prohibited by ordinance. Any sign which is not expressly permitted by this article or any sign which requires a permit for which no permit has been obtained.

(Ord. No. 2017-O-044 , § 1, 10-3-17)