(A) Prohibited. The placement and maintenance of shrubbery, sprinkler systems, signs, tree trimmings, refuse, pyramid-shaped markers and all other articles within a public right-of-way is prohibited.
(B) Prohibited Signs. Except as otherwise provided in this Code, it shall be unlawful, and a violation of this section, for any person, business entity, or organization to erect, post, or maintain a sign of any type or size on, in, or upon the city rights-of-way including, street medians, swales, sidewalks, easements, or other city property. Any such sign not regulated elsewhere in this Code may, in addition to being subject to the fine schedule set forth below, be removed from the subject right-of-way and disposed of by the city.
(1) Penalties for violations. A code enforcement officer designated by the City Manager, or a police officer, may issue a notice to appear in court or a civil penalty citation for a fine to the person found to be in violation of this section, for each sign, in the amount specified below:
(a) First citation, $75;
(b) Second citation, $150;
(c) Third citation, $250;
(d) Fourth citation and all subsequent citations, $500.
For purposes of this section, a violation shall occur when a person places one or more similar subject matter signs in the public rights-of-way as prohibited herein. The person in violation shall be presumed to be the person, business entity, or organization whose name or other identifying information is displayed in the sign's text or illustrations, and that person shall be presumed to be the person, business, entity, or organization who ordered, directed, or otherwise allowed the subject sign to be placed in the public right-of-way. This presumption may be rebutted by competent and substantial evidence to the contrary.
(2) Mandatory court appearance. Court appearance shall be mandatory for the fourth or subsequent violation of this section. In the event a mandatory court appearance is required, the citation must clearly inform the violator of such mandatory appearance, and records shall be maintained by the city code enforcement regarding such cases. Violators required to appear in court do not have the option of paying the civil penalty instead of such an appearance.
(3) Payment of civil penalty. Subject to subsection (B)(1), a violator may pay the civil penalty and the costs of removal and disposal of the violator's signs within 15 days of the date of receiving the citation. If the person cited follows this procedure, he or she shall be deemed to have admitted the civil infraction and to have waived his or her right to a trial on the issue of the commission of the violation.
(a) If a violator fails to pay the civil penalty within 15 calendar days of receipt of the citation, an additional amount of $25 shall be assessed as a late fee for each penalty paid after the initial 15-day period.
(b) If a violator fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.
(C) Exceptions.
(1) Dome-shaped decorative markers, also known as button markers, may be placed in the public right- of-way, provided that such markers are no larger than six inches in height, have rounded surfaces and no straight edges, and are separated by a minimum of two feet. The property owner shall assume all risk of liability for such markers.
(2) One sign identifying a business establishment may be located within the public right-of-way adjacent to such establishment when the City Commission, following review of a recommendation from the Director of the Department of Planning and Development Services, determines that the following conditions exist:
(a) That the ability to properly identify the business establishment is substantially reduced by trees, traffic-control devices or other public improvements installed in the public right-of-way.
(b) That such sign is sized and located so as not to reduce the visibility of traffic, traffic-control devices, or other business establishments and does not restrict unduly the use of a public sidewalk.
(c) That a hold harmless agreement satisfactory to the City Attorney be provided releasing the city from responsibility for injury resulting from such sign.
(d) The use of such sign shall be allowed only for so long as the above three conditions exist, and if the Commission determines that any of the three conditions do not exist, it shall order such sign removed forthwith.
(3) When a construction project impedes traffic on a public right-of-way and traffic control personnel are needed, the construction contractor shall use either flagmen or police officers employed in an off-duty police service capacity.
(‘72 Code, § 17-15) (Ord. 1615, passed - - ; Am. Ord. O-79-59, passed 10-17-79; Am. Ord. O-80-41, passed 7-16-80; Am. Ord. O-90-11, passed 2-21-90; Am. Ord. O-95-73, passed 12-20-95; Am. Ord. O-2009-25, passed 7-15-09; Am. Ord. O-2011-15, passed 5-4-11) Penalty, see § 155.99