§ 6-12. Election signs.
(a)
Definitions.
(1)
Election signs: An election sign is any sign which indicates the name, cause or affiliation of anyone seeking public office, or which indicates any issue for which a public election is scheduled to be held.
(2)
Moving signs: A moving sign is any election sign affixed to or located in or on a vehicle, and which does not exceed five (5) feet in width or two (2) feet in height.
(3)
Hand held signs: A hand held sign is any election sign held by hand and which does not exceed five (5) square feet.
(4)
Window signs: A window sign is any election sign which does not exceed thirty (30) per cent (up to a maximum of six (6) square feet) of the total area of the window in which it is installed, painted or affixed. For purposes of this section, a window shall be defined as an opening in the wall of a building for admission of light and air and enclosed by a frame.
(5)
Public property: All publicly owned property, including streets, rights-of-way, easements.
(b)
General provisions.
(1)
It shall be unlawful for any person to post an election sign upon any public property in the city including, but not limited to, signs posted for any local, county, state, national, or special district elections. Unlawfully posted signs on public rights-of-way shall be subject to removal by the city immediately.
(2)
No more than one (1) election sign per candidate, measure, or issue shall be permitted on private property unless it is a corner lot, in which case two (2) signs per candidate, measure, or issue may be placed, so long as there is no more than one (1) sign per street frontage and the signs are no closer than twenty-five (25) feet from the corner or intersection. No election sign shall be allowed to be located on a roadway median.
(3)
Election signs shall not be illuminated or contain any three-dimensional objects.
(4)
All election signs shall be removed within ten (10) calendar days following the election date to which they relate.
(5)
Election signs in residential zoning districts shall not exceed four (4) square feet in area and four (4) feet in height. Election signs in non-residential zoning districts shall not exceed four (4) square feet in area and shall not exceed six (6) feet in height.
(6)
Election signs placed on private property shall not exceed six (6) feet in height.
(7)
Election signs shall be located a minimum of ten (10) feet from the curb or the edge of the pavement where no sidewalk exists. Election signs shall be located a minimum of three (3) feet from any existing sidewalk, right-of-way or utility pole and away from the street. No sign shall be within twenty-five (25) feet from any corner or intersection excluding hand-held signs.
(c)
Pre-election requirements.
(1)
Prior to the posting of election signs, each candidate, campaign chairperson, firm or corporation shall file with the city's code enforcement division and provide the code enforcement division with a local address and telephone number at which the candidate, campaign chairperson, firm or corporation wishing to post the signs may be reached during normal business hours concerning any violations of this chapter or requirements of the city. Except for window signs, written consent of the property owner where the election sign shall be placed is also required for all signs placed on privately owned vacant lands and must be filed with the code enforcement division.
(2)
Except for window signs, a cash bond of two hundred fifty dollars ($250.00) shall be required for each election campaign. This bond shall be conditioned upon the removal of all political signs of that candidate or issue within ten (10) calendar days of the election to which they relate. Failure to remove all signs shall cause the city manager's designee to direct that the signs be removed by the code enforcement division and the bond forfeited. The cash bond may be waived by the city clerk, in its discretion, when and if the candidate is able to show good cause that posting the cash bond would cause considerable financial hardship. Burden is on the candidate to demonstrate that requiring the posting of a bond would result in a considerable financial hardship. The cash bond shall be returned within thirty (30) days after all signs have been removed and a request is made by the appropriate election campaign contact. Successful candidates in nominating or elections may continue to display their signs during the interval between the nominating or primary and general elections without posting any additional bond.
(3)
Violations of this section; enforcement procedures available to city; schedule of fines and penalties.
a.
Any violation or repeat violation of this section may be pursued by the city by appropriate remedy either in court, through the code enforcement board or the imposition of a fine as set forth below, or by any other means available at law or in equity, at the option of the city. Any person violating section 6-12 shall be punished by a fine of not more than one hundred dollars ($100.00) per violation pursuant to section 1-8.1 of the Code of Ordinances.
b.
After twenty-four hours (24) notification is given to the campaign chairperson or designee, the city may draw on the bond placed pursuant to this section towards the payment of any delinquent penalties which are assessed by the city for any violations of the provisions herein. Notification shall be deemed legally sufficient upon the city, during regular business hours, attempting to contact by telephone the number which the campaign chairperson or designee filed with the code enforcement division of the fire department. Notification shall not be required within forty-eight (48) hours of election. Penalties may be assessed immediately upon violation within forty-eight (48) hours of an election.
(d)
Permitted election signs. The following signs shall be permitted by the city:
(1)
Moving election signs.
(2)
Hand held election signs, except there shall be no hand held signs permitted in a roadway.
(3)
Window election signs.
(4)
Election signs as permitted in this section.
(e)
Prohibited election signs.
(1)
Other than the signs permitted in subsection (d) above, no election signs shall be allowed in the city.
(2)
The prohibition of this subsection shall in no way apply to election announcements signs, which signs shall be posted, by the city, in the public right-of-way to announce to the citizens each election held in the city, be it general, municipal, or referendum.
(f)
Removal.
(1)
Any election sign found posted or otherwise affixed upon any public property contrary to the provisions of this section shall be immediately removed by the code enforcement division, the department of public works, or their designee without requiring notification to the campaign chairperson or designee and the posted bond forfeited.
(Ord. No. 86-143, § 12, 9-2-86; Ord. No. 89-211, § 1, 1-2-90; Ord. No. 90-101, § 1, 2-20-90; Ord. No. 97-101, § 2, 11-4-97; Ord. No. 2002-106, § 2, 6-4-02; Ord. No. 2005-118, § 4, 10-18-05)