§ 38-26. Signs in city right-of-way.

(a)

Unless otherwise specifically provided for, it shall be unlawful for any person to erect, construct, locate, maintain or otherwise place any sign or similar structure or display on or over any street right-of-way. Such action on the part of any person shall, upon conviction, constitute a Class 4 misdemeanor.

(b)

Any permanent sign or similar structure or display existing on the effective date of this section [June 23, 1980] in contravention of subsection (a) above may continue to exist as a nonconforming display provided that:

(1)

Any damaged or destroyed nonconforming sign requiring repairs in excess of fifty (50) percent of its initial cost shall be removed.

(2)

For the purpose of this section, a nonconforming sign shall be considered an accessory to the use that exists at the time this section becomes effective. Should such use cease to exist or change to the point of requiring modification valued in excess of fifty (50) percent of its initial cost, such nonconforming sign shall be removed.

(3)

No nonconforming sign shall be altered, modified or changed to cause the sign to exceed the size and shape that exists at the time this section becomes effective. This shall not be construed to prohibit normal maintenance.

(c)

Any person maintaining such a nonconforming sign shall file and maintain with the director of engineering evidence of public liability insurance with limits and necessary endorsements as required by section 38-25(d) and shall indemnify and save harmless the city as an additionally insured party from any and all damages, judgments, costs or expense which the city may incur or suffer by reason of granting a permit in connection with the erection, alteration, maintenance, repair, removal or existence of such sign. It shall be the duty of the owner of any premises upon which such sign is located to obtain an endorsement from its carrier providing thirty (30) days advance notice of cancellation and ten (10) days for non-payment of premium.

(d)

Removal of signs. Upon a finding by the director of engineering that the right-of-way is needed for city purposes and the location of the sign impedes that need, or that a change of condition has occurred affecting pedestrian and/or vehicular safety, said sign shall be removed, without cost to the city, upon thirty (30) days' written notice to the owner of the sign.

(Ord. No. 2671-80; Ord. No. 2984A-82; Ord. No. 3111-83, § 1; Ord. No. 4119-90; Ord. No. 7495-18)

(Ord. No. 2671-80; Ord. No. 2984A-82; Ord. No. 3111-83, § 1; Ord. No. 4119-90; Ord. No. 7495-18)