(A) Prohibition of signs on rights-of-way. It shall be unlawful for any person for its own or the benefit of another, to erect, place, post, install, affix, attach or in any other way locate or maintain a sign upon, within or otherwise encroaching on a city right-of-way or upon a structure located within such a right-of-way. Information contained in any sign, including but not limited to names, addresses or phone numbers of persons benefiting from or advertising on the sign, shall be sufficient evidence of ownership or beneficial use or interest for purposes of enforcing this section. More than one person may be deemed jointly and severally liable for the placement or erection of the same sign. Each unlawful sign shall be deemed a separate violation of this section.
(B) Abatement. Except as provided otherwise in this section, any sign located in violation of (A) above shall be subject to immediate removal and impounding by Code Inspectors as defined in § 37.04 of this Code, or by city public works staff, or by law enforcement officers, at the joint and several expense of (1) the owner of the sign; (2) the person which erected the sign; and (3) the person for whose benefit the sign was erected or maintained.
(1) Illegal signs of negligible or no value; destruction. Any sign placed or erected in violation of(A) above, which has negligible or no value due to its perishable or nondurable composition including, but not limited to, those made out of paper, cardboard or posterboard, shall be deemed abandoned and may be destroyed by the city after removal. No opportunity to reclaim such a sign shall be given by the city. Value shall be determined by the city in its reasonable discretion.
(2) Recovery of impounded signs; abandonment and destruction. Any sign with more than negligible value that is removed and impounded by the city shall be held in storage and the owner, if the owner's identity and whereabouts are known to city, shall be provided with written notice of impoundment and 15 days from the date of notice to reclaim any such sign. Any impounded sign stored by the city may be destroyed if not reclaimed within 15 days of the written notice date or within 15 days of the date of removal if the identity and whereabouts of the owner is not known to city.
(C) Prosecution and penalties. Any violation of this section is hereby declared a civil infraction and may be brought in the Broward County Court pursuant to and in accordance to the provisions of § 37.12, of the city's Code or at the city’s discretion, the city’s Special Magistrate, pursuant to Chapter 31, shall have jurisdiction to hear and rule upon violations of this chapter. Such enforcement is supplemental to any other means of enforcement available to the city under this or any other section of the Code including, but not limited to, prosecution for violation of § 156.12
, punishable as set forth in subsection (1) below. Imprisonment is not a penalty applicable to violations of this chapter.
(1) Civil penalty.
(a) Any person found in violation shall be subject to a civil penalty of $200 per violation if not contested, or $250 for a first violation if contested, and a civil penalty double for repeat or subsequent violations. Community service hours shall not be substituted for payment of the monetary penalty.
(b) Any violation may be processed as a nuisance subject to concurrent code violation.
(2) Restitution. The courts may order a violator, in addition to a civil penalty, to make restitution to the city for the damage or loss caused by the violator, which may include, but is not limited to, any property damage caused by the placement or attachment of a sign or signs, the costs of any abatement action and court costs. Community service hours shall not be substituted for monetary restitution.
(Ord. 2014-11, passed 12-10-13; Am. Ord. 2017-29, passed 2-28-17)