No person, firm, partnership, limited liability company or corporation shall erect, place or maintain any sign within the public right of way in the City of Marietta, Ohio. Subject to the following exceptions:
(a) Merchants shall be permitted to place a sign on the sidewalk located adjacent to the front of their business advertising their business and goods to be sold by such business.
(b) Sidewalk signs for the aforementioned purpose may not exceed 4'6" in height and be no more than 2'6" in width and shall be no smaller than 3'0" in height and 2'0" in width.
(c) Pole signs for said aforementioned purpose may not exceed 8' in total height and be no more than 2'6" in width at the top. Pole signs shall not include signs that have a pole or flexible pole with a fabric type sign that waves, moves or undulates with the wind.
(d) Signs must leave a minimum clearance of 36" for the passage of pedestrians. A sign may only be on sidewalk during business hours of the merchant.
(e) Whoever violates subsection (a), (b), (c) or (d) of this section shall receive a written warning from the Director of Public Safety and Service or his designee on a first occurrence. After receiving a written warning, a person who allows the condition to recue up to three times within a two year period shall be guilty of a minor misdemeanor, punishable as follows:
(1) A fine of fifty dollars ($50.00) upon conviction for a first offense within two years;
(2) A fine of one hundred dollars ($100.00) upon conviction for a second offense within two years;
(3) A fine of one hundred fifty dollars ($150.00) upon conviction for a third offense within two years.
A person who allows the condition to recur four times or more within a two-year period after receiving a written warning shall be guilty of a misdemeanor of the fourth degree, punishable by a fine of not more than two hundred fifty dollars ($250.00), a definite jail term of not more than thirty (30) days, and a term of community service up to two hundred (200) hours.
(Ord. 322(14-15). Passed 7-16-15.)