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This article covers the requirements for approval of applications, issuance of permits, and supervision of all signs, signboards, and supporting structures, as defined below, which are constructed, erected, or being maintained under the provisions of this chapter.
The installation requirements for this equipment are covered in Section 14E-6-600.
(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 9-6-17, p. 55278, Art. II, § 14)
For the purposes of this Article, the following additional definitions shall apply:
"Alter" or "altered" or "alteration" or "change" means any action pertaining to a sign or sign structure that requires the issuance of a new permit under Section 13-20-550, including but not limited to, any modification, relocation, re-erection, conversion from on-premise to off-premise (or vice versa), conversion from static image to dynamic image (or vice versa), conversion in dynamic technology, raising or lowering its height, changing its angle, adding extensions, enlarging its dimensions, deviating from approved permit drawings or supporting documents, or changing the address to which the permit applies.
"Owner or lessee of the real property" means: (1) the owner of the real property on which any on-premise or off-premise sign is located; or (2) any on-premise tenant of an owner who maintains an on-premise sign on such owner's real property. For purposes of this definition, the term "owner or lessee of the real property" shall not mean the owner or lessee of an off-premise sign asset or account or of an off-premise sign structure asset or account, or the lessee of air space or exterior wall space for an off-premise sign. The definition of "owner or lessee of the real property" added by the amendatory ordinance of 2017, effective January 1, 2018, is intended to clarify, rather than to change, existing law.
Signs. Sign(s) mean any name, identification, description, display, illustration, or character which: (1) is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land; and (2) directs attention to an object, product, place, activity, person, institution, organization, or business. For purposes of this definition, the term "sign(s)" shall also include any item defined as a "sign" in Section 17-17-02159. The language added to this definition by the amendatory ordinance of 2017, effective January 1, 2018, is intended to clarify, rather than to change, existing law.
Signs (electrical). Electrical signs are signs that are electrically illuminated.
"Dynamic image display sign" means any sign, or portion thereof, with characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, blinking, or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.
"Flat signs" means signs which are placed flat against the building or structure from which they are supported and which run parallel thereto. Signs supported from a canopy are deemed to be flat signs when they are single face.
"Ground signs" means signs supported by a structure which rests on or in the ground.
"Luminance" means the photometric measure of luminous intensity per unit area of light travelling in a given direction. Luminance is measured in candelas per square meters or "nits."
"Motion" or "moving" means the depiction of movement or change of position of text, images or graphics. Motion or moving shall include, but not be limited to, visual effects such as dissolving and fading text and images, travelling, running sequential text, graphic bursts, lighting that resembles zooming, twinkling or sparkling, changes in light or color, transitory bursts of light intensity, moving patterns or bands of light, expanding or contracting shapes, and similar actions.
"Nits" means a unit of measurement of brightness or luminance. One nit is equivalent to one candela per square meter.
"Projecting signs" means signs which project obliquely or at right angles from the building or structure from which they are supported.
"Roof signs." Roof signs are signs which are erected on and supported by the roof of a building or structure.
"Static sign" means a sign that does not rotate, move, or have any appearance of changing or movement in the sign, sign components or structure. A "static sign" shall not include any sign that has any characteristics of a dynamic image display sign.
"Twirl time" means the time it takes for static text, images or graphics on a dynamic image display sign to change to different text, images or graphics.
(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 4-24-12, p. 25060, § 3; Amend Coun. J. 4-30-14, p. 80382, § 3; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 6)
(a) (1) Any person who violates Section 13-20-550 pertaining to a static image display sign or its support structure shall be fined not less than $7,500.00 nor more than $10,000.00 for each offense, unless such person can show, by a preponderance of the evidence, that the square footage of the sign is: (i) from 200 to 499 square feet, per face, in which case a fine of not less than $2,000.00 nor more than $5,000.00 shall apply; (ii) from 100 to 199 square feet, per face, in which case a fine of not less than $1,000.00 nor more than $2,000.00 shall apply; or (iii) from zero to 99 square feet, per face, in which case a fine in accordance with Section 14A-3-302.1 shall apply. Any person who violates Section 13-20-550 pertaining to a dynamic image display sign, regardless of the size of the sign or its support structure, shall be fined not less than $10,000.00 nor more than $15,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(2) The fines set forth in subsection (a)(1) of this section shall also apply, on a per offense and per day basis, to any person who continues to display or maintain any sign for which such person's sign permit has been revoked pursuant to Section 13-20-645.
(3) In all cases where no specific penalty is provided for in this Article, any person erecting, owning, operating, or maintaining, or in charge, possession or control of, any sign or its support structure who violates this Article shall be fined in accordance with Section 14A-3-302.1 for each offense.
(b) In addition to any other fine or penalty provided, if, on three separate occasions in any 12-month period, any registered electrical contractor, a registered sign contractor, or bonded sign erector erects, installs, alters, repairs, enlarges, or illuminates any sign or structure covered by the provisions of this Article, without first having obtained any permit required under this Code, such person's certificate of registration, bond, and all permit privileges may be subject to suspension, under Section 13-20-600 of this Code, or revocation.
(c) In addition to any other fine or penalty provided, for any sign found not in compliance with the provisions of this Article, the Building Commissioner may compel the cessation of electrical current to any electrical equipment on such sign or structure.
(d) In addition to any other penalty or fine provided in this Code, any person who derives profits or revenue from one or more third parties from leasing space on a sign that is maintained, erected, installed, altered, repaired, or enlarged in violation of this chapter or Section 10-28-010 shall disgorge all profits or revenues derived from such sign upon determination, either by an administrative hearing officer or a court of competent jurisdiction, that the sign was unlawfully maintained, erected, installed, altered, repaired, or enlarged in violation of this Article or Section 10-28-010. The provisions of this section apply to the owner of the sign and the owner of the property on which the sign is located.
The disgorgement of profits or revenue shall be remitted to the City.
(Added Coun. J. 11-3-99, p. 13842, § 3; Amend Coun. J. 5-2-01, p. 57403, § 1; Amend Coun. J. 7-27-05, p. 53211, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 4-24-12, p. 25060, § 3; Amend Coun. J. 4-30-14, p. 80382, § 3; Amend Coun. J. 2-22-17, p. 43876, § 20; Amend Coun. J. 9-6-17, p. 55278, Art. IV, § 15; Amend Coun. J. 11-21-17, p. 61755, Art. I, § 7; Amend Coun. J. 11-21-17, p. 61858, Art. VIII, § 10; Amend Coun. J. 3-28-18, p. 74459, Art. V, § 5; Amend Coun. J. 2-19-20, p. 14473, Art. VI, § 12)
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