Editor's Note — Ord. no. 07-899 §10, adopted June 12, 2007, repealed sections 525.010 "permit required", 525.020 "license fee", 525.030 "exception" and enacted new provisions set out herein. Former sections 525.010 — 525.030 derived from CC 1971 §606.010, 606.030; CC 1992 §§530.010 — 530.030; ord. no. 167, 7-13-1963.
[Ord. No. 07-892 §1, 1-22-2007; Ord. No. 07-899 §1, 6-12-2007]
As used in this Article, the following terms shall have these prescribed meanings:
GROSS ANNUAL REVENUE PRODUCED BY OUTDOOR ADVERTISING
The aggregate annual amount of all revenues, whether from cash or credit, received for the placement, keeping or maintenance of any off-premises commercial outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard or other thing designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any point of the traveled ways of the roadways within the City.
LICENSE YEAR
The one (1) year period commencing on July first (1st) and ending on the next June thirtieth (30th).
OUTDOOR ADVERTISEMENT
Any off-premises commercial outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard or other thing intended or used to advertise or inform any part of the advertising or information contents of which is visible from any point of the traveled ways of the roadways within the City. If the structure of any such outdoor advertisement shall contain more than one (1) outdoor advertisement within its structure, then each such outdoor advertisement shall be considered an individual outdoor advertisement for purposes of this Article.
[Ord. No. 07-892 §2, 1-22-2007; Ord. No. 07-899 §2, 6-12-2007]
A. 
All owners and operators of outdoor advertisements, as defined in this Article and except as otherwise provided by ordinance, shall pay to the City, for each outdoor advertisement owned and/or operated by same, two percent (2%) of the gross annual revenue produced by outdoor advertising of each respective outdoor advertisement as and for an annual outdoor license tax, at such times as provided in this Chapter.
B. 
All owners and operators of outdoor advertisements, as defined in this Chapter and except as otherwise provided by ordinance, shall pay to the City an initial inspection fee of five hundred dollars ($500.00) for each outdoor advertisement that they own or operate.
[Ord. No. 07-892 §3, 1-22-2007; Ord. No. 07-899 §3, 6-12-2007]
No person shall engage in the business of outdoor advertisement within the City without first having obtained a license therefor from the City Clerk and paying to the City the designated tax. The license shall be for the annual license year.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §4, 6-12-2007]
A. 
Every person required to pay an outdoor advertising occupational license tax based on gross annual revenue produced from outdoor advertising shall pay the annual license tax based on the actual gross revenue from outdoor advertising of such person for the last license year; and any person commencing outdoor advertising in the City during any license year shall pay, at the time of such commencement, a license tax based on estimated gross revenue for the remainder of the license year. Any such person shall, within one (1) month after the end of said prorated license year, file an estimated return for the ensuing license year and pay at that time a license tax based on such estimate; provided however, that within one (1) month after the end of each of the periods of estimated gross revenue from outdoor advertising, such person shall file a statement of actual gross revenue from outdoor advertising and shall pay an additional tax, if any, based on the actual gross revenue from outdoor advertising.
B. 
Any payment of license tax based on estimated or actual gross revenue from outdoor advertising which shall be in excess of the amount due the City shall not be refunded except in the case of cessation of outdoor advertising, but shall be applied as a credit for the license tax for the ensuing year.
C. 
For the initial license year that this Article goes into effect, commencing July 1, 2007, each operator shall pay to the City an initial inspection fee of five hundred dollars ($500.00). The license tax for that initial license year shall be paid to the City within one (1) month of the expiration of that license year.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §5, 6-12-2007]
A. 
Every person obliged to pay an outdoor advertising occupational license tax based on gross revenue produced by outdoor advertising of such person shall furnish the City, within one (1) month of the expiration of a license year, a correct statement in writing showing the amount of such annual revenue, which statement shall not be made public or used by the City except for the purpose of establishing a correct basis for fixing and collecting the amount of a license tax as provided in this Article.
B. 
All books of account showing the amount of such gross annual revenue produced by outdoor advertising shall be open to the inspection of the City Officials charged with the duty of issuing the licenses provided in this Article and collecting for same, end the issuance of any such license may be withheld until all the requirements have been fulfilled.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §6, 6-12-2007]
A. 
No license under this Article shall be assignable or transferable. In the case of the sale of an outdoor advertisement during the annual license year, the purchaser must apply for and obtain the license required pursuant to this Article.
B. 
No license taxes paid under this Article shall be refundable. Any new license issued for an existing outdoor advertisement due to the purchase of said outdoor advertisement will be subject to the taxes set forth herein.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §7, 6-12-2007]
A separate license shall be obtained for each outdoor advertisement kept, placed or maintained in the City.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §8, 6-12-2007]
The City Clerk, or any certified public accountant employed by the City, shall have the right at reasonable times during regular business hours to audit or examine the books and records of the applicant for any license for the purpose of determining the truthfulness and accuracy of any statements made by in an application for a license or in the payment of a license tax.
[Ord. No. 07-892 §4, 1-22-2007; Ord. No. 07-899 §9, 6-12-2007]
A. 
Delay In Payment. All license taxes provided for in this Article shall be deemed delinquent if not paid by July thirty-first (31st) of each year and any person so delinquent shall pay to the City an additional ten percent (10%) of the amount due for the first (1st) month of such delinquency and one percent (1%) of the amount due for each month or part thereof as such delinquency thereafter continues, in addition to any other penalty prescribed in this Chapter.
B. 
False Statements Causing Reduction In Payment. Any person who makes a false statement which causes a reduction in any license tax herein shall be required to pay to the City the additional amount due, plus a penalty of twenty-five percent (25%) of such additional amount, plus a one percent (1%) interest per month or fraction thereof on such additional amount from the date originally due, in addition to any other penalties prescribed in this Article.
C. 
Non-Compliance Or Violation. Any person who fails to comply with or commits any violation of any provision of this Article shall be guilty, upon conviction thereof, of an offense. Any fine assessed for such offense shall be in addition to any other penalties assessed for delinquency or false statements causing a reduction in payment.
D. 
Revocation. Any failure to comply with or any violation of any provision of this Chapter Article by any licensee under this Article shall because for revocation or suspension of such license by the City's Board of Aldermen and such revocation or suspension shall be in addition to any other penalties prescribed in this Chapter.
[CC 1971 §606.040; CC 1992 §530.040]
No permit shall be granted for the erection or alteration of any sign or billboard unless such sign or billboard shall be structurally sound.
[CC 1971 §606.050; CC 1992 §530.050; Ord. No. 01-768 §§1 — 2, 2-26-2001]
A. 
Temporary business signs shall identify a special, unique or limited activity, service, product or sale of limited duration shall be subject to the following:
1. 
Permits and fees. No temporary sign listed shall require a permit or fee.
2. 
Sign types. Temporary signs shall be limited to non-projecting wall signs, secured ground signs, sandwich boards, portable and wheeled signs and balloons.
3. 
Materials, methods and insurance. The building inspector may impose on the condition of the temporary signs such requirements as to the materials, manner of construction and method of erection of a sign as are necessary to assure the health, safety, welfare and convenience of the public.
4. 
Repetitive activities, which require temporary signs, shall not be regulated by the temporary sign regulations. Please refer to the permanent sign regulations for repetitive activities.
B. 
Types of temporary signs allowed within the City are limited to those specifically in this Section:
1. 
Commercial building "for sale" or "for rent". Shall not exceed a maximum size of thirty-two (32) square feet per face, one (1) per street frontage, to be located on the premises behind the property line and be removed ten (10) days after the sale or letting. It shall be unlawful for any person or persons to advertise by sign or otherwise, any real property within the City for sale, lease or rental without designating on such sign or advertisement the City zoning classification of such property as notice to persons interested therein the use of which the same is restricted.
2. 
Residential building "for sale" or "for rent". Shall not exceed a maximum size of six (6) square feet per face, one (1) per street frontage, to be located on the premises behind the property line, and removed ten (10) days after the sale or letting. Open house signs shall only be allowed on the days of the event and shall be removed promptly at the conclusion of the event.
3. 
Political sign.
a. 
Signs pertaining to a candidate or an issue to be voted upon at any election installed within the City shall not be placed more than thirty (30) days prior to the election and may not be larger than six (6) square feet. Signs shall be placed back of the property line. Said sign shall be removed three (3) days after the election. If said sign is installed on private property, permission shall be secured from the owner thereof. There shall be no political signs on any public utility pole.
b. 
Political signs installed in commercial areas shall not be placed more than thirty (30) days prior to the election and may not be larger than thirty-two (32) square feet. Signs shall be placed back of the property line. Said sign shall be removed three (3) days after the election. If said sign is installed on private property, permission shall be secured from the owner thereof. There shall be no political signs on any public utility pole.
4. 
Directional sign. Small directional signs shall not exceed three (3) square feet in area.
5. 
Garage and yard sale signs. As described in Section 610.040 of the Municipal Code of the City of Charlack.
6. 
Construction project signs. Shall not exceed a maximum size of six (6) square feet per face, one (1) per street frontage, to be located on the premises behind the property line, and removed ten (10) days after the completion of the project. If said sign is installed on private property, permission shall be secured from the owner thereof.