Chapter 151: Signs, Informational and Directional

§ 151-1 Application of chapter.

No sign shall be erected on public property until the applicant has received a permit for the erection of the sign and pays to the City of Latrobe a fee in such amount as the Council may from time to time establish by resolution.

A separate permit is required for the erection of each individual sign.

This chapter shall be read, to the greatest extent possible, in harmony with those sign provisions of the City of Latrobe Zoning Ordinance (hereinafter the "Zoning Ordinance").[1] To the extent that there is conflict between the provisions of this chapter and provisions in the Zoning Ordinance, the Zoning Ordinance shall take precedence.

[1]

Editor's Note: See Ch. 166, Zoning.

"For sale" or "for rent" shall not be placed on public property.

§ 151-2 Exemptions.

The following signs shall be exempt from regulations:

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation or ordinance.

Any sign erected on private property shall be exempt from this chapter but shall be subject to the provisions of the Zoning Ordinance.

Works of art that do not include a message, commercial or otherwise.

Holiday lights and decorations with no commercial message, but only from November through January.

Memorial signs or tablets denoting the date of erection of a building, monument or other civic structure.

Auction, garage, or yard sale signs, provided that they do not exceed two square feet and are removed as soon as the event or activity has occurred, and provided that they shall not be permitted to be erected more than seven days prior to the event and only permitted at the site at which the event will take place and removed within 48 hours of the conclusion of the event.

Signs and banners erected by a governmental body or under the direction of such body.

Community special event signs announcing a nonprofit event of a civic organization for noncommercial purposes, where such sign does not exceed four square feet in area and banners no more than 60 square feet in area for a period not to exceed 14 days prior to the start of the event and removed within three days after the conclusion of the event.

§ 151-3 Nonconforming signs.

All nonconforming signs in existence prior to the effective date of this chapter are permitted to continue until December 31, 2015, provided that no such sign shall be:

Changed, altered or expanded in any way which increases the sign's nonconformity; or replaced by another nonconforming sign, except that copy may be changed on an existing sign.

Relocated, except in conformance with the requirements of this chapter.

Reestablished after it has been removed or is an abandoned sign.

§ 151-4 Enforcement.

If it appears to the City of Latrobe that a violation of any provision of this chapter has occurred, the City of Latrobe shall initiate enforcement proceedings by sending an enforcement notice.

Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in an enforcement proceeding commenced by the City of Latrobe, pay a fine of not more than $600 plus all court costs, including reasonable attorney fees incurred by the City of Latrobe as a result thereof. No fine shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the fine, the City of Latrobe may enforce the fine pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation. All fines, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the City of Latrobe. The City may pursue alternative remedies at the same time including an action for a fine or civil penalty at the office of the District Justice as well as an action at law or in equity before the Court of Common Pleas to enforce the provisions of this chapter.

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the City of Latrobe the right to commence any action for enforcement pursuant to this section.

§ 151-5 Conflict.

With general police powers. If any person, persons, firm or corporation or other organization carries on any activity within the City of Latrobe in violation of the provisions of this chapter, then the City of Latrobe, in addition to any other remedies, may institute any legal action to prevent, restrain or abate any act constituting a violation of this chapter and to require compliance with its provisions.

Discrepancy between text and exhibit. Where a discrepancy exists between any exhibits attached to this chapter and that which is described in the text of this chapter, the text of the chapter controls and shall be the final authority.

§ 151-6 Posting or erecting on public property.

Informational or directional signs posted or erected on public property located within the City of Latrobe are subject to the following general requirements:

Number of signs. No more than two informational or directional sign or banners shall be placed on public property within the City of Latrobe for any one business, and each shall require a permit from the City of Latrobe.

Area. Informational or directional signs on public property shall not exceed an aggregate gross surface area of three square feet (18 inches by 24 inches) per sign.

Height. Informational or directional signs shall not project higher than six feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher.

Timing. Informational or directional signs shall be placed, erected and maintained by the City of Latrobe for a period not to exceed a calendar year (January to December) unless a renewal fee is paid by the first week of January and must be removed within seven days following the termination of the agreement.

Illumination. No informational or directional sign shall be illuminated in any manner.

For the cost of the permit the City of Latrobe will provide the frame that the sign must fit into.

Informational or directional signs shall be prohibited within three feet of the edge of the paved surface of any road or street within the City of Latrobe.

Informational or directional signs shall be prohibited along any road or street within the City of Latrobe where it would obstruct the clear sight distance of traffic, and no informational or directional sign shall be placed in such a position that it will cause danger to traffic on a street by obstructing the view (i.e., at an intersection, driveway exit, etc.).

No informational or directional sign or sticker shall be posted, nailed, wired, attached or affixed to any public property, including, but not limited to, traffic signs, structures or devices, traffic control boxes, guardrails, telephone poles, utility posts or City of Latrobe street signs.

§ 151-7 Posting or erecting on private property.

No informational or directional sign shall be placed or erected on any private property without first obtaining permission from such property owner.

Removal as a public nuisance. Every prohibited informational or directional sign is declared to be a public nuisance, and the person or persons having authority over the public or private property may remove the same or cause it to be removed immediately at the reasonable expense of the person placing, maintaining or erecting the informational or directional sign.

Any person, firm, partnership, corporation or organization who or which violates any of the provisions of this chapter shall, upon conviction in a summary proceeding, be fined not less than $600 and, in default of the payment of the fine and costs, shall be committed to the Westmoreland County Jail for a period not to exceed 30 days. Nothing contained herein shall be deemed to preclude the City of Latrobe from seeking other relief or avail itself of any remedy that may be at law or in equity to prevent continuing violations of the terms of this chapter.

§ 151-8 Required consent.

The City of Latrobe reserves the right to deny a request to post any informational or directional sign on public property and to require the removal of any informational or directional sign at any time whatsoever whenever such informational or directional sign poses a threat to the public's safety, health and welfare.

§ 151-9 Permit fees.

Signs. The City of Latrobe will determine the location (with input from the business owner) and install the informational or directional signs for the business owner. A one-time (first calendar year) fee per sign will be charged for the installation of each informational or directional signs. Every following January, a fee per informational or directional sign fee will be assessed in order for the business owner to continue to have these informational or directional signs within the City. The fees recited above shall be set forth on Schedule A attached to the Schedule of Fees as set forth in § 3-48 of the Administrative Code.

Banners. The City of Latrobe will determine and approve the location of each and every banner. The applicant for the banner shall pay an installation/removal cost to the City which shall be based upon four hours at then-current Public Works employee rate. Two employees at one hour each for installation and two employees at one hour each for removal will be charged for installation and removal of a banner.