(A) Prohibited types of signs. The following types of signs shall be prohibited throughout the town:
(1) Flashing, moving or fluttering signs, feather banners, and signs which emit smoke, visible vapors or particles, sound, or odor;
(2) Signs producing glare;
(3) Snipe signs; and
(4) Signs of such a design or character that they may be mistaken for a traffic control device.
(B) Prohibited locations for signs. Signs are prohibited in the following locations:
(1) Signs so located with respect to a street or roadway that they interfere with or compete for attention with a traffic control device. This shall include any sign visible from the public right-of-way which uses an arrow device or the word “STOP”;
(2) Any freestanding or projecting sign located along the right-of-way within 30 feet from an intersecting right-of-way, except directional signs less than three feet in height;
(3) Any sign located in a public right-of-way, except those owned or operated by a duly constituted government or governmental agency; and
(4) Any sign erected, posted, painted, tacked, nailed, or otherwise displayed, placed, or located on any tree, utility pole, utility post, street sign pole or traffic sign pole.
(5) Temporary signs are also regulated in § 153.147 below.
(C) Prohibition of unsafe signs. Any sign (permanent and temporary) which presents a safety hazard or any sign which encroaches upon a public right-of-way is prohibited.
(D) Prohibition of illegal signs. Any sign (permanent and temporary) containing commercial speech now or hereafter existing which no longer advertises commercial transactions on the premises which it is located, or any sign which is contrary to the application for its permit and use, or any sign (permanent and temporary) which is otherwise illegal, is prohibited.
(E) Prohibition of public nuisances. Any signs (permanent and temporary) not erected in accordance with the provisions of this subchapter or which exist in violation hereof shall be deemed to be a public nuisance and are prohibited.
(F) Enforcement. If the town shall find that any sign regulated herein is unsafe, or encroaches upon a public right-of-way in accordance with division (C) above, such sign may be removed by the town immediately without notice. Otherwise, if the town shall find that a sign is prohibited in accordance with this section, or is not properly maintained in accordance with §§ 153.144 or 153.147 as applicable, the town shall give written notice to the permittee or owner thereof that such sign is in violation of town code. If the permittee or owner fails to remove the sign or otherwise cure the violation so as to comply with standards set forth in this subchapter within 30 days after such notice, such sign may be removed or altered to comply by the town at the expense of the permittee or owner, or person having the right to the use and possession of the property upon which the sign is located. In addition, the town may prosecute such violations before the code enforcement Special Magistrate.
(Ord. 1-90, passed 1-31-1991; Ord. 01-2021, passed 5-27-2021)