The intent and purpose of the regulations governing temporary signs are to allow signs for the occasional advertisement for the sale of a product or service, to promote community events, or to advocate a political candidate or issue while preserving the residential character of the Montgomery community. Temporary signs are by their definition signs which are not displayed on a continuous, permanent basis. Signs which are displayed on a property without interruption are permanent signs governed by other restrictions within the Code. Temporary signs are intended to advertise a specific event or occasion, or to advocate a candidate or cause. The city does not intend to unfairly limit any property owner's First Amendment right to free expression, but the city intends such restrictions to balance the property owner's rights against the community's interests to preserve and protect safe pedestrian and vehicular traffic within the community, preserve the character and integrity of the residential community, and to prevent waste and debris. With this intent in mind, the following rules are adopted:
(A) Materials and construction.
(1) Temporary signs must be durable and water resistant, constructed of sturdy material such as lightweight wood and paperboard with a wire or plastic frame so as not to litter or waste during the period of display or during inclement weather. Any sign which has deteriorated to cause litter or waste, or which presents other unacceptable risks to public safety, shall be repaired, removed and/or replaced.
(2) Temporary signs shall be fastened or anchored sufficiently, whether attached to the building or positioned in the ground, but shall not be attached to light fixtures, landscaping features, fences, vehicles or similar structures.
(3) Temporary signs may not be illuminated.
(B) Location. Temporary signs may not be erected within the street lawn which encompasses the area between the back of the street curb and any public sidewalk, and in areas where there is no public sidewalk within 13 feet of the back of the street curb from the edge of the street pavement, if there is no curb. This limitation preserves the safe travel upon the streets of the city, preserves the city right-of-way, and in areas where right-of-way is not easily defined, provides an area where the property owner or a person erecting a temporary sign can know clearly where a temporary sign can and cannot be located. Additionally, temporary signs may not be posted in such a position which impairs the line of vision of motorists traveling the street or pedestrians crossing streets or alleyways, or in such a place which otherwise causes an unacceptable risk to public safety. Any temporary sign violating this requirement is declared a public nuisance and the Zoning Administrator or his/her designee is authorized to remove the same or cause it to be removed.
(C) Abatement. In addition to any fine which may be assessed for a violation of this chapter, any temporary sign placed m the right-of-way, a prohibited area or upon public property owned by the city, or in such a position which otherwise presents an unacceptable risk to public safety may be removed by the city or its designated representative without notice to the owner of the sign. If the sign or sign materials have deteriorated to waste, debris or litter, the sign and its materials may be disposed of immediately by the city. Any other sign which has been removed which has not wasted shall be removed by the city to a place of safe storage at the City Public Works Department where it shall remain for a period of ten days after removal. During such ten day period the sign owner may retrieve such sign from the city by exhibiting evidence of the ownership of such sign and upon payment of an administrative abatement fee to the city in the amount of $50 per sign, such fee to cover the costs incurred by the city for abatement and storage of the sign.
(Ord. 10, 2018, passed 7-11-18; Am. Ord. 2, 2022, passed 4-6-22)