§ 118-126. Violations and penalties.  


Latest version.
  • (a)

    Generally. An offense under section 118-127 is a violation, and any person adjudged guilty shall be punished as provided in section 1-14. Each day such sign is erected, constructed, reconstructed, built, altered or maintained without a building permit or operated, used, or maintained without an operating permit shall constitute a separate offense. In addition, the city attorney is authorized to take all actions, both legal and equitable, civilly and criminally, necessary to ensure compliance with this chapter. However, it is an affirmative defense to prosecution under section 118-127 if a sign is excepted from having a permit under subsection (b), below.

    (b)

    Exceptions. No permit shall be required under this chapter for on-premises signs of the following descriptions, unless any such sign is a spectacular sign. Any sign listed hereunder shall be erected and maintained in a safe condition in conformity with the building code as well as the fire prevention code and rules and regulations for fire safety promulgated by the fire marshal, as applicable.

    (1)

    Signs painted on glass surfaces, windows or doors;

    (2)

    Wall signs not over 100 square feet in area;

    (3)

    Signs erected by the city, state (including its political subdivisions, such as counties and school districts), or the federal government or the lessees of such governmental entities for a public purpose;

    (4)

    Railroad signs placed or maintained in reference to the operation of the railway;

    (5)

    Legal notices and house numbers;

    (6)

    Ground signs that do not exceed four square feet in area and four feet in total height setting forth information concerning a building or other structure under repair or construction or advertising the sale or rental of the premises;

    (7)

    Signs marking utility or underground communication or transmission lines and hazards as required by law;

    (8)

    Temporary signs, provided the number of such signs on any premises does not exceed two in number and provided such signs are displayed on consecutive days, and for only a maximum of seven days in any 30-day period;

    (9)

    Signs setting forth the location of or directions to parking or buildings located on the premises, warning of on-premises obstacles or overhead clearances, or regulating the flow of on-premise traffic, including entrance and exit signs. Such directional signs may be lighted, consistent with other requirements for electrical signs in the code and all codes adopted thereby;

    (10)

    Signs displayed upon an operable motor vehicle or trailer; provided that such vehicle or trailer is not parked or located for the primary purpose of displaying the sign and is not parked on a site for a continuous period exceeding 72 hours;

    (11)

    Signs displayed upon an operable lighter-than-air or heavier-than-air aircraft; or

    (12)

    Signs which are mounted on the face of a building no higher than the roofline or form an integral part of a canopy or marquee entrance and are not over 100 square feet in area, provided that the number of such signs shall not exceed the number of entrances to such building; and

    (13)

    Holiday displays or similar temporary displays erected without advertising; provided that such displays are erected no more than 45 days before and removed no later than 14 days after the national holiday.

(Code 1967, § 25½-5(C), (D); Ord. No. 3593, § 1, 4-14-83; Ord. No. 3705, § 1, 10-27-83; Ord. No. 4123, § 2, 4-11-85; Ord. No. 5360, § 1, 9-14-89; Ord. No. 5493, §§ 1, 2, 3-8-90; Ord. No. 7215, § 1, 1-26-95; Ord. No. 7746, §§ 1, 2, 7-11-96; Ord. No. 8241, § 1, 3-26-98; Ord. No. 8408, § 1, 9-24-98)