(A) Applicability. This section pertains to signs in the right-of- way and is not intended to diminish, replace or modify regulations on private or public property found in I.C. 9-21 or in Chapter 153, the Mt. Vernon Zoning Code.
(B) Definitions. The following definitions shall apply to this section unless another meaning is dearly intended.
CURB LINE. The outer edge of a curb which is the farthest distance from the center line of a street.
FIRST AMENDMENT SIGN. Any sign promoting any cause, political party, candidate, idea or concept; except, it does not include advertising signs advertising any business or sale of a product or service by a business.
GARAGE SALE or YARD SALE. The selling of used items of personal property for a length of time not to exceed three consecutive days and not more that two times in any calendar year.
OWNER. The fee owner or any person having a present possessory interest in the real estate.
RIGHT-OF-WAY. Any street or alley right-of-way dedicated for public use and used as a street, public sidewalk, or alley under the jurisdiction of the Board of Public Works and Safety. It shall include the entire width between the boundary lines of said street or alley. It shall not include a HIGHWAY as that term is defined in I.C. 9-21-4-6.
(C) Purpose and policy. It is the purpose of this section to outline and provide a policy and procedure for the regulation of signs attached directly or indirectly (e.g. attached to a post, tree or other apparatus) to the right-of-way of the city or located in the right-of-way. This section does not apply to signs on vehicles within the right-of-way or signs that are carried in some manner by an individual. The proliferation of signs within the right-of-way creates a blight upon the community and may distract a driver from the traffic control signage that provides protection to drivers and pedestrians. Signage may also provide obstructions to sight distance of vehicular traffic or pedestrians. The provisions of this section shall not abrogate any applicable state or federal laws or local ordinances that are more restrictive, and in such event, the strictest provisions shall apply. This section shall not apply to the right-of-way of the State of Indiana, which solely controls that property, unless the state and the city enter into an agreement for the removal of signs from state right-of-way.
(D) Prohibitions and violations.
(1) No person shall place or maintain a sign in, on or over the area of the street between the curb lines or in any alley right-of-way in the city.
(2) No person shall place or maintain a sign in, on, or over the grassy area of any boulevard.
(3) No person shall place any sign in, on, or over the grassy area between the curb and the public sidewalk.
(4) No person shall place any sign in, on or over any public sidewalk.
(5) No person shall damage the pavement, curb, or sidewalk in the installation of any sign or place any writing or markings on any pavement, sidewalk, curb or city-installed sign. The abutting property owner may have the numerical address of the abutting property placed upon the curb.
(6) No person shall place or maintain a sign in, on or over the traveled (i.e. paved) portion of a street except as provided herein.
(7) No person shall place or attach any sign to a street light pole, utility pole, or tree within the right-of-way except a city-installed sign, or other apparatus authorized to be in a city right-of-way.
(8) No person shall place a sign advertising any business or sale of a product or service by a business in the right-of-way.
(9) No person shall place or maintain a sign in any place or manner which obstructs or tends to obstruct the view of drivers of vehicles or pedestrians.
(E) Exceptions.
(1) This section shall not prevent warning or informational signage or markings placed by utilities or other owners of authorized installations within the right-of-way.
(2) This section shall not apply to any city employee, agent, or contractor of the city undertaking work authorized by a department, board or agency of the city. Also, it shall not prevent any utility, any contractor authorized to do work in the right-of-way or any emergency service from warning the public of any construction or traffic hazard in the right-of-way.
(3) This section shall not apply to signs on vehicles or signs carried in any manner by any individual.
(4) So long as a property owner is in compliance with the Mt. Vernon Zoning Code, a property owner may place a temporary sign approximately six square feet in size in his yard, or if he has no yard, and the house or principal building abuts the public sidewalk, then in the grassy area between the sidewalk and the curb or street pavement, notifying the public of a garage sale or yard sale taking place on that parcel of property so long as placement of the sign does not constitute a sight distance problem for vehicular traffic. The sign may be installed the day before the yard sale and shall be removed at the conclusion of the yard sale. No off-premises yard sale or garage sale signs shall be allowed in the right- of-way.
(5) In the situation where the house or principal building abuts a public sidewalk, a person may place a temporary "For Sale", "For Rent" or "For Lease" sign approximately six square feet in area, in the grassy area, if any, between the curb and the sidewalk in front of the property during the time period said property, or a portion thereof is for sale or lease, so long as the placement of the sign does not present a sight problem for vehicular traffic.
(6) In situations where the right-of-way extends into the yard of the property owner beyond the sidewalk, the property owner may place a temporary "For Sale", "For Rent" or "For Lease" sign in the right-of-way outside (on the house or principal building side) of the sidewalk in the yard. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement.
(7) First Amendment signs may be placed in the right-of-way so long as they do not lie between the outside (house or principal building side) of the public sidewalk and the paved portion of the street or in any boulevard or area mowed by the city or its contractor, and the person placing the sign has the consent of the property owner in front of whose property the sign is to be placed. Said First Amendment signs may not be placed on or over any paved portion of street or sidewalk or on any tree, street light pole, utility pole, sign or apparatus placed or authorized by the city to be in the right-of-way. If there is no public sidewalk, then such sign may be placed on the house or building side of a curb or street pavement. No First Amendment sign shall be placed in any location that presents a sight distance problem for vehicular traffic.
(F) Removal of signs.
(1) Signs found in violation of this section may be removed by any police officer of the Police Department or code enforcement officer or other city employee acting within the scope of his or her duties. Any signs removed shall be deposited at a drop-off site location designated by the Board of Public Works.
(2) The Board of Public Works shall designate a drop-off location for the deposit of removed signs. For any signs received by the Board of Public Works, the office shall attempt to contact the owner or person whose name appears on the sign by telephone, if a telephone number is on the sign or can be determined from information on the sign; or by letter if there is no telephone number but there is an address on the sign to inform the owner that the sign has been removed, that the sign will be disposed of in three business days if not picked up by the owner or his agent, and the times and location that the sign may be reclaimed by the owner. If the owner's address or telephone number cannot be determined from the information contained on the sign or if the sign is not picked up within three business days of notification to the owner, the sign will be presumed to be abandoned and worthless property and disposed of by the city.
(3) As an alternative to picking up the signs, the city, through any authorized agent, may contact the owner and notify the owner, in the same manner as provided above, of the block and street wherein a sign is located in violation of this section and state that if said sign is not removed within three business days, the sign will be disposed of as abandoned and worthless property.
(Ord. 05-33, passed 10-24-05)