(A) Public display of a political sign more than 90 days before the applicable public election is prohibited, with the following exceptions:
(1) Billboard signs and commercial advertising signage otherwise regulated by the city and complying with all applicable laws and regulations;
(2) Signs attached to motor vehicles having valid license plates, current inspection certificates, and otherwise legal for use on public streets, with signs not exceeding a total of 128 square feet on any vehicle and not exceeding 32 square feet on any side of the vehicle;
(3) Signs located inside a fully enclosed building; and
(4) One sign per candidate or other ballot measure per lot or business location on private property no larger than six square feet.
(B) Public display of a political sign more than 30 days after the applicable public election is prohibited, with the following exceptions:
(1) Billboard signs and commercial advertising signage otherwise regulated by the city and complying with all applicable laws and regulations;
(2) Signs attached to motor vehicles having valid license plates, current inspection certificates, and otherwise legal for use on public streets, with signs not exceeding a total of 128 square feet on any vehicle and not exceeding 32 square feet on any side of the vehicle;
(3) Signs located inside a fully enclosed building;
(4) One sign per lot or business location no larger than six square feet of a candidate for public office who may be eligible to be on the ballot for a runoff in the next public election applicable to his or her campaign; and
(5) One sign per lot or business location no larger than six square feet of a candidate for public office who won the primary election applicable to his or her campaign and will be a candidate in the general election.
(C) Persons responsible for violations of divisions (A) and (B) above shall include the following:
(1) The owners and operators of the vehicle upon which the political sign is displayed in violation of the exception permitted under divisions (A)(2) and (B)(2) above;
(2) The person in control of the property upon which the political sign is displayed in violation of divisions (A) and (B) above, including owners, lessees, tenants and occupants, as the case may be;
(3) Any person or persons who have initially caused the public display of a political sign in violation of divisions (A) and (B) above; and
(4) Any person or persons legally capable of removing the political sign in violation of divisions (A) and (B) above but refusing to do so after being advised of the provisions of this section or having been provided a copy thereof as provided in division (D) below.
(D) Twenty-four hours prior to the commencement of the first criminal or civil enforcement action of this section against a person responsible under division (C) above for violation of divisions (A) and (B) herein, the Enforcement Officer shall attempt to deliver a copy of this chapter to the person for the purpose of causing compliance with this section without resort to enforcement.
(E) Public display of a political sign is prohibited on any:
(1) Public property;
(2) Utility property;
(3) Public street, alley or right-of-way; and
(4) Private property without the consent of the owner or current occupant of the property.
(F) Persons responsible for violations of division (E) above shall include the following:
(1) Any person or persons who caused or assisted in the public display of the political sign; and
(2) The candidate advertised by the political sign if the political sign was created by or paid for by the candidate’s campaign and if, after 48 hour notification by the Enforcement Officer, the political sign is not removed by the candidate or by another at his or her direction.
(G) In addition to the criminal enforcement and other remedial provisions provided herein, the City Attorney or his or her designee may enforce the provisions of this section through any and all civil remedies available. In that event, persons, against whom enforcement is sought and against whom civil remedies are granted, shall be jointly and severally liable for all damages, court costs, attorney’s fees and all costs and expenses reasonably related to the civil enforcement action.
(H) The Enforcement Officer shall be the only person responsible for enforcement decisions made pursuant to this section. No enforcement decision shall ever serve as cause for any type of disciplinary action by the city against the Enforcement Officer. At the request of the Enforcement Officer, the Chief of Police shall provide peace officers and the City Manager shall provide appropriate city employees to assist the Enforcement Officer in the enforcement of this section.
(I) Except as otherwise specifically prohibited, regulated or penalized herein and not otherwise in conflict with this chapter, all other provisions of this chapter shall apply to political signs. In the event of a conflict between this section and this chapter in the interpretation or enforcement of this section, this section shall govern.
(Ord. 455C, passed 1-6-1998) Penalty, see § 157.999