§ 656.1309. Unlawful sign messages.

(a)

Reserved.

(b)

It shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this Section does not prohibit signs erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City; provided further that this Section does not prohibit off-site commercial signs maintained or erected in accordance with the terms of an authorized settlement agreement with the City.

(c)

From and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located provided, further, this Section does not prohibit signs erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City.

(d)

Any sign structure in violation of this Section is hereby declared to be contraband and forfeited to the City. A violation has been proved if the owner, or person in control of the structure, has been convicted of using a sign structure in violation of this Section. A conviction shall include a plea of nolo contendere or a withhold of adjudication. In addition, a violation may be proved in a separate civil action. The City shall seek forfeiture of the sign through any appropriate civil action, which may include declaratory judgment or a mandatory injunction.

(e)

In the event that a court of competent jurisdiction determines, finally, that subsection (b) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320; provided, further this subsection shall not be enforced without providing 30 days' notice to correct and unless subsection (b) of this Section is declared unconstitutional.

(f)

In the event that a court of competent jurisdiction determines, finally, that subsection (c) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, from and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320; provided, further, this subsection shall not be enforced without providing 30 days' notice to correct and unless subsection (c) of this Section has been declared unconstitutional.

(Ord. 93-174-1054, § 13; Ord. 2005-1380-E, § 4; Ord. 2014-716-E, § 4; Ord. 2014-717-E, § 4)