(A) It is the intent of this chapter and its subsequent amendments to encourage a clean, healthy, and satisfying environment for its citizens which is free of nuisances, eye sores, and unhealthy or devaluated conditions which are dangerous or injurious to its citizens and to protect and preserve the value and uniform appearance of certain public improvement made to both public and private properties in the Downtown Renaissance Area or downtown business district which area was improved as the result of a great expenditure of public money to improve both public and private properties.
(B) It shall be unlawful without having first obtained a permit pursuant to division (C) below to change the original appearance of the following structures constructed with public funds (whether the same may be located on public or private property); black rod iron fences, bridges, park benches, statues, fountains, street signs and poles, utility boxes, street lights, fixed flower pits, stationary garbage cans or planters or light poles located within the downtown business district or within the renaissance area. No business or person may change the original appearance of any of the mentioned structures, paint any color other than the original color, or attach to, anchor to, remove, modify, cut, reposition or hang anything (including but not limited to any signs or banners regardless of the content thereon) thereon or there from other than flower containers or flags that are approved by the city by permit or remove, modify, cut, attach to or reposition without approval from the city.
(C) Any person desiring a permit to change the original appearance of any of the above mentioned structures, or attach to, remove, modify, cut reposition or hang anything (including but not limited to any signs or banners regardless of the content thereon) thereon or there from shall submit an application to the Office of Building Codes. The permit shall provide any requirements or restrictions for the permit granted therein which the applicant shall strictly follow. Failure to observe these requirements or restriction shall be considered a violation of this section.
(D) Upon conviction for a first offense for violating this section, the court shall impose a fine of either seventy-five dollars ($75.00) or more than one thousand dollars ($1,000.00) or imprisoned for not more than fifty (50) days, or both for each offense. The minimum fine imposed by this section shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
(E) The city shall have the right to make entry onto private property as necessary to make repairs, perform maintenance and replacements to the above mentioned structures and to remedy violations of this section including but not limited to removal of items hung or attached thereto. It shall be a violation of this section to interfere with the city’s rights hereunder.
(Ord. 0-2008-022, passed 9-8-08)