The holder of a permit shall, during the term hereof, have the right to change the advertising copy and content of the structure or sign for which the permit was issued, within the guidelines of this chapter. The Mayor or their designee shall review any display, device, or advertisement placed or replaced upon the structure or sign for content, format, artwork, or wording compliance with this chapter. The outdoor advertising licensee shall notify the Mayor or their designee of any advertising replacement in writing contemporaneous with the posting or displaying thereof. A change in the advertising content to an advertisement on behalf of the licensee itself or to a blank-white surface shall be exempt from review or notification. Notwithstanding the foregoing, any sign, display, or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this chapter. Said messages shall be subject to review or approval by the Mayor, Town Council, or any designee, only with regards to whether or not said information is lawful noncommercial speech as aforementioned, and not otherwise. Said messages include, but may not be limited to, "political speech." Any person adversely affected by an order made and entered by the Mayor may process an appeal before Council at its next regularly scheduled meeting. Any decision of the Mayor or their designee enforced by the Town Council is entitled to a judicial review thereof. Such judicial review shall be in the Circuit Court of Marion County. The judgment of the Circuit Court shall be final unless reversed, vacated, or modified on appeal to the West Virginia Supreme Court of Appeals.
(Ord. 18-002, passed 4-9-2018; Am. Ord. 23-006, passed 6-26-2023; Am. Ord. 25-002, passed 10-14-2024)