§ 110.40 PROHIBITED SIGNS.
   The following types of signs are expressly prohibited in all zone districts:
   (A)   A frame signs. A frame signs or sandwich board, sidewalk, or curb signs are prohibited.
   (B)   Abandoned signs. Such business signs that advertise an activity, business, product, or service no longer conducted or available shall be prohibited and may be removed by the town.
   (C)   Animated and intensely lighted signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights or any other device or means not providing constant illumination.
   (D)   Banners and pennants. Banners and pennants shall be permitted so long as they are at least ten feet from any street right- of-way and located so as not to obstruct vision or otherwise create a hazard to traffic. No permit shall be required.
   (E)   Lights and balloons. Search lights, twirling signs, balloons, or other gas-filled figures shall not be used except as set forth below. Such signs shall be permitted at the opening of a new business in a commercial or industrial district for a period not to exceed 60 days; and will be permitted in residential districts in conjunction with an open house or model demonstration conducted by a realtor for two days after and not to exceed a total period of 30 days.
   (F)   Miscellaneous signs and posters. The tacking, pasting, or otherwise affixing of signs of a miscellaneous character, visible from a roadway, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences, or other structures is prohibited unless otherwise permitted by this Outdoor Advertising Sign Code.
   (G)   Moving signs. No sign or any portion thereof shall be permitted which moves or assumes any motion, or give the illusion of moving.
   (H)   Off-premise signs. Off-premise signs shall be prohibited except as is expressly permitted in this Outdoor Advertising Sign Code.
   (I)   Projecting signs. No sign shall project over or into the street right-of-way.
   (J)   Public areas. No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree, or other surface located on public property or over or across any street or roadway except as otherwise expressly authorized by this Outdoor Advertising Sign Code.
   (K)   Swinging. Swinging signs. Overhead swinging signs are prohibited.
      (1)   Towers (water, radio, and the like). No sign shall be placed on any tower or tank without the approval of the Town Plan Commission.
   (M)   Unclassified signs. The following signs are also prohibited which:
      (1)   Bear or contain statements, words, or pictures of an obscene, pornographic, immoral character, or which contain advertising matter which is untruthful or will offend public morals or decency;
      (2)   Are painted on or attached to any fence or any wall which is not structurally a part of a building except to identify a residence or residence structure by means of posting the name of the occupant or structure, and the street address;
      (3)   Operate or employ any stereopticon or motion picture projection or media in conjunction with any advertisements, or have visible moving parts of any portion of which moves, or gives the illusion of movements except as permitted in this Outdoor Advertising Sign Code;
      (4)   Emit audible sound, odor, or visible matter;
      (5)   Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words stop, go slow, caution, danger, warning, or similar words; except as permitted in §110.41(D);
      (6)   Signs which, by reason of their size, location, movement, content, coloring, or manner of illumination, may be confused with or constructed as a traffic-control sign, signal, or device, or the light of an emergency or road equipment vehicle or which hide from view any traffic or roadway sign or signal or device;
      (7)   Obstruct any door, fire escape, stairway, or any opening intended to provide air, egress, or ingress for any building or structure;
      (8)   Were erected before the adoption and effective date of the Outdoor Advertising Sign Code, and for which a proper permit was not issued; or
      (9)   Are not included under the types of signs permitted in this Outdoor Advertising Sign Code.
(Ord. 1988-10, passed - - )   Penalty, see §110.99