(A) The placement of outdoor advertising within the corporate limits of the town, is prohibited, except outdoor advertising which advertises activities conducted on the property upon which it is located and outdoor advertising which advertises the sale or lease of property upon which it is located. (I.C. 8-23-20 and INDOT Outdoor Advertising Control Manual 03-02-2010 or successor statute or manual, manual available for review at the Town Hall).
(B) The placement of political signs that advertise for the election to any type of government office or a political cause also shall be allowed but must adhere to all state election laws (I.C. 8-23-20 and INDOT Outdoor Advertising Control Manual 03-02-2010 or successor statute or manual, manual available for review at the Town Hall). Signs shall be permitted in town easement areas if permission has been received by property owner whom property adjoins easement.
(C) The following signs shall not be permitted:
(1) Signs which are illegal under the federal and state laws and rules (I.C. 8-23-20 and INDOT Outdoor Advertising Control Manual 03-02-2010 or successor statute or manual, manual available for review at the Town Hall);
(2) Signs not securely affixed to a substantial permanent structure;
(3) Signs which attempt, or appear to attempt to regulate, warn or direct the movement of traffic, or which interfere with, or imitate, or resemble any official traffic sign, signal or device;
(4) Signs which are not consistent with any law or promulgated rule prohibiting such a sign. (I.C. 8-23-20 and INDOT Outdoor Advertising Control Manual 03-02-2010 or successor statute or manual, manual available for review at the Town Hall);
(5) Signs which are erected or maintained upon trees painted or drawn upon rocks or other natural features;
(6) Signs which are located in such a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device, or obstruct or physically interfere with a driver of a vehicle view of approaching, merging or intersecting traffic;
(7) Signs which move or have any animated or moving parts;
(8) Signs which contain, include or are illuminated by any flashing, intermittent or moving light, or lights, or signs which uses various types of evolving technology such as lights, glow cubes, rotating slats, moving reflective discs and the like, except those giving public service information such as time, date, temperature, weather or similar information;
(9) Signs of a pornographic nature that depict nude, or partially clad human bodies of adults or children, male or female genitals, or breast and language that would be considered pornographic, offensive, lewd or inappropriate to be viewed by minors;
(10) It shall be the responsibility of the sign’s owner to ensure that all outdoor advertising devices are erected and maintained in good condition; that is not decayed, insecure, lacking part or portion thereof, is safe and message is not unsightly;
(11) Nonconforming signs:
(a) A nonconforming sign is a sign which was lawfully erected but does not comply with the provisions of this section. Signs must have been physically in existence at the time this section becomes effective after passage by the Town Council and publication in the New Albany Tribune.
(b) The sign must remain substantially the same as it was on the date the sign became nonconforming. Reasonable repair and maintenance is allowed.
(12) Snipe signs are prohibited. The town shall contact those which violate any provision of this division (C)(12) by mail, to include a copy of the regulation and giving the violator 72 hours to bring the sign(s) in to compliance. If the sign has already been confiscated by the town, violators will be required to pick up the prohibited sign(s) from the town within 72 hours or be subject to the penalties set forth in § 110.99.
(D) Enforcement of this section shall be pursuant to I.C. 36-1-6-1, I.C. 36-1-6-2, I.C. 36-1-6-3 or I.C. 36-1-6-4, or a successor statute if said statute is repealed.
(E) Any unlawful provision found in this section shall not effect the remaining provision.
(Ord. 2010-T-068, passed 12-13-2010; Ord. 2019-TO-008, passed 4-8-2019) Penalty, see § 110.99