[HISTORY: Adopted by the Board of Commissioners of the Township of
South Fayette as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-14-1967 by Ord. No. 70]
From and after the passage and approval of this article, it shall be
unlawful for any person or persons other than the owners of poles or other
property and the Township of South Fayette to place or attach any posters,
signs, cards, advertising matter or any objects whatsoever upon poles or elsewhere
within or along the streets, roads and public ways of the Township.
[Amended 7-11-1988 by Ord. No. 359[1]]
Any person violating the foregoing provisions shall pay a fine of $600
for every offense, plus costs of prosecution for each offense and, in default
of payment, shall undergo imprisonment for a term not to exceed 30 days. Each
attachment or posting shall be considered a separate offense.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I).]
Unless it appears from the context that a different meaning is intended,
the following words shall have the meanings given them in this section:
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any sign urging the election or defeat of any candidate seeking any
political office or urging the passage or defeat of any ballot measure, but
does not mean or include any billboard owned or maintained by a commercial
firm or advertising company.
All publicly owned property, including streets, rights-of-way, easements
and everything affixed thereto and thereover.
Includes any bill, poster, placard, handbill, flyer, painting, sign
or written matter in words, symbols or pictures or in any combination thereof.
The Township of South Fayette, a municipal corporation in the Commonwealth
of Pennsylvania.
The Township Code Enforcement Officer/Zoning Officer.
A.
Posting on public right-of-way prohibited. It shall be
unlawful for any person to post a political campaign sign on or over any public
property in the township.
B.
Posting on utility poles prohibited. It shall be unlawful
for any person to post a political campaign sign on any public utility pole
or other public utility structure or to post paint or otherwise affix such
signs to trees, rocks or other natural features.
C.
Size of sign. It shall be unlawful for any person to
erect any political campaign sign which exceeds six square feet, and it shall
be unlawful to erect political campaign signs on any one lot, the total message
area of which exceeds 12 square feet.
It shall be unlawful for any person to post a political campaign sign
more than 30 days prior to the election for which the sign is posted, and
it shall be unlawful to fail to remove a political campaign sign within 12
days after the election for which the sign was posted.
The erector of such signs or an authorized agent of the political party
or candidate applies for and obtains a permit from the township and deposits
with the township, at the time of his application, a sum, as adopted by resolution
from time to time by the Board of Commissioners and on file in the township
offices, as a guaranty that all signs will be removed promptly within 12 days
after the date of the election to which such sign relates. If such signs are
not removed at the end of the twelve-day period, the township shall have them
removed and keep the full sum deposited to reimburse the expense incurred
by it.
The Zoning Officer or his authorized agents are hereby authorized to
remove any political campaign sign found posted within the corporate limits
of the township when such sign is in violation of the provisions of this article.
For the purpose of removing political campaign signs, the Zoning Officer
or his authorized agents are empowered to enter upon the property where the
signs are posted and is further authorized to enlist the aid or assistance
of any other department of the township and to secure legal process to the
end that all such signs shall be expeditiously removed from any property where
posted.
When the Zoning Officer or his agents find that a political campaign sign has been posted in violation of this article or without the payment of the permit fee set forth in § 108-6, he shall attempt to contact the candidate, committee or person responsible for the posting of such sign. If successful, he shall give 24 hours' advance telephonic notice of his intention to remove the sign and indicate the nature of the violation and the location of the sign. If, after such notification, the illegal sign remains in violation, the Zoning Officer or his agents shall remove said sign and store it in a safe location. If, after reasonable diligence, the Zoning Officer is unable to contact the candidate, committee or person responsible for the sign, he may dispense with the notice requirement and remove the sign, storing it in a safe location.
If the Zoning Officer or his agents remove any political campaign sign, he shall keep a record of the location from which the sign was removed. He shall store the political campaign sign in a safe location for at least 90 days and shall immediately notify, by telephone, the candidate, committee or person responsible for the posting of the sign, indicating the fact of removal and the location where it may be retrieved. If the Zoning Officer is unable to make telephone contact, he shall provide written notice if the address of the candidate, committee or person is known or can be ascertained. The Zoning Officer shall return any political campaign sign upon the payment of the fee provided in § 108-6.
The township shall be entitled to receive a sum as adopted by resolution
from time to time by the Board of Commissioners and on file in the township
offices for every political campaign sign removed by the Zoning Officer for
which no permit had been obtained, to cover the expense of removal, notice
and storage. In cases where unusual effort is needed to remove a sign, such
as the cutting or removal of supporting structures, use of aerial devices,
towing of trailer signs or other unusual situation, the township shall collect
from the person responsible a sum sufficient to cover the costs and hourly
wages of employees so utilized.
In a campaign for political office, the candidate for such office shall
be deemed the person responsible for the posting of political campaign signs
unless he first notifies the Township Zoning Officer of another person who
is responsible. In such case, the candidate shall provide the name, address,
telephone number and signed consent of such other responsible person. In a
campaign regarding a ballot measure, the president of the committee supporting
or opposing such ballot measure shall be deemed responsible, unless he first
notifies the Zoning Officer of some other person responsible, in the manner
described above. The candidate or, in the case of the ballot measure, the
committee president or other responsible person, if so designated, shall be
liable to pay any fees or costs for the removal and storage of illegal signs
as set out herein. Further, such candidate, committee president or other designated
person shall be subject to prosecution for any violation of this article.
Nothing in this section shall be interpreted to make any person liable, civilly
or criminally, for any sign posted by persons unknown to him or her or by
persons over whom he or she has no control.
Political campaign signs in violation of this article are hereby declared
to be public nuisances and may be abated as such by the township. The collection
of removal fees shall not preclude the township from prosecuting any person
for violating this article.
The Township Zoning Officer is hereby authorized and empowered to revoke
any permit issued by him pursuant to this article or any preceding sign ordinance
upon failure of the holder of such permit to comply with any provision of
this article.
Any person violating any of the provisions of this ordinance shall,
upon summary conviction before any District Justice of the Township of South
Fayette or elsewhere, be subject to a fine of not more than $600 for each
and every offense, plus costs of prosecution for each offense and, in default
of payment of such fine and costs, to imprisonment in the county jail for
a term not exceeding 30 days. Each day a violation exists shall constitute
a separate offense.
