(a) Definitions. In this section, unless the context clearly indicates otherwise:
(1) CONSTRUCTION means major activity involving on-site excavation, fabrication, erection, alteration, repair, or demolition that materially alters or restricts access to a premise.
(2) DIRECTOR means the director of transportation of the city or the director's designated representative, including but not limited to the city's traffic engineer.
(3) ERECT means erect or maintain.
(4) OPERATOR means a person who causes a use or business to function or puts or keeps a use or business in operation. A person need not have an ownership interest in a use or business to be an “operator” of the use or business for purposes of this section.
(5) OWNER includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, tenant by the entirety, or lessee.
(6) SIGN means a sign authorized to be erected or maintained under this section.
(7) STREET means a street more than 85 feet in width, including frontage roads, if applicable. “Frontage Road” means a frontage, access, or service road for a freeway or tollway.
(b) Purpose. The purpose of this section is to promote the health, safety, morals, and general welfare of the city in order to lessen the congestion in the streets; to improve communications efficiency by allowing businesses to identify themselves and by helping customers to locate these businesses; to promote the safety of persons and property by reducing the confusion created by street construction; and to preserve landscape quality by imposing uniform standards. This section is not intended to apply to temporary minor repairs to streets.
(c) Authority to erect. In addition to any other signs permitted under this chapter, up to two detached premise signs may be erected on a premise if:
(1) the premise contains at least one main use other than a single family or duplex use;
(2) the premise has frontage along that portion of a street under construction as defined in Subsection (a); and
(3) the director has given written notice in accordance with Subsection (d).
(d) Notice required to be given by the director. Whenever the director determines that construction of a street, as defined in this section, is imminent, the director shall serve a written notice for the purpose of authorizing the erection of signs in accordance with this section. The written notice may be hand-delivered, sent by mail, or published in the official newspaper of the city. In order to validly authorize a sign under this section, the notice must:
(1) contain a reference to or copy of this section;
(2) describe with specificity the portion of the street that is or will be under construction;
(3) contain estimated commencement and completion dates for the construction; and
(4) contain a statement that no sign may be erected or maintained on a premise:
(A) more than five days before the estimated construction commencement date stated in the notice; or
(B) more than five days after the estimated construction completion date stated in the notice.
(e) Time period when sign authorized. This section only authorizes signs to be placed on property adjacent to that portion of a street described in the notice given pursuant to Subsection (d) during the time period beginning five days before the estimated construction commencement date stated in the notice and ending five days after the estimated construction completion date stated in the notice. No sign may be erected or maintained on a premise:
(1) more than five days before the estimated construction commencement date stated in the notice; or
(2) more than five days after the estimated construction completion date stated in the notice.
The director may change the time period for erecting and maintaining signs under this section at any time by giving a new notice in accordance with Subsection (d).
(f) Physical requirements for sign. All signs must comply with the following paragraphs:
(1) No more than two signs may be erected on a premise. No more than one sign may be erected at any motor vehicle entrance to a premise.
(2) No setback is required for a sign; however, no sign may be located in a public right-of-way. If a sign is placed in a visibility triangle as defined in Section 51A-4.602(d), it shall be a defense to prosecution under that section that the sign does not constitute a traffic hazard.
(3) The sign must be visible from and oriented towards the street under construction and have an arrow that directs motorists to a motor vehicle entrance to the premise.
(4) The sign must be a square, with dimensions of four feet by four feet. It must have a 3- inch border of white reflective sheeting or paint and a reflective blue background. The text of the sign must consist of reflective white characters. (Note: It is intended that the requirements of this paragraph be strictly and precisely complied with.)
(5) No sign may exceed eight feet in height.
(6) No sign may be a portable sign unless the director determines that the sign does not constitute a safety hazard.
(g) Criminal responsibility. If a sign violates this section and is not otherwise authorized under the Dallas City Code, a person is criminally responsible for a sign unlawfully erected or maintained if the person:
(1) erects or maintains the sign;
(2) is an owner or operator of a use or business to which the sign refers; or
(3) owns part or all of the land on which the sign is located.
(h) City may remove signs. The City of Dallas may remove any sign without liability if the director determines that the sign constitutes a safety hazard, or if the sign does not comply with this section; however, the City shall not be liable for failure to remove a sign. (Ord. Nos. 20728; 20927; 25047; 28424; 30239; 30654)