[8-24-2020 by Ord. No.
1503[1]]
For the purposes of this Article 907, the below terms shall
be defined as follows:
That portion of a street which is improved by surfacing with
permanent or semi-permanent material and is intended for vehicular
traffic and shall be measured from the termination points of the surfacing
material. Termination points are located at the base of a barrier
curb, wedge curb or other type of curb, or where the surfacing meets
a grass or landscaped area.
Unless the context clearly indicates or requires a different
meaning, shall mean any surface, fabric or device bearing lettered,
pictorial or sculptured matter designed to convey information visually
and exposed to public view; or any structure including a billboard
or poster panel designed to carry such visual information.
[1]
Editor's Note: This ordinance also repealed former Article
907, Objects and Signs in Right-of-Way, adopted 4-22-2019 by Ord.
No. 1486.
[8-24-2020 by Ord. No.
1503]
(a)
No trees, bushes, shrubs or hedges may be planted or allowed to grow
so that they infringe on the clear-sight triangle required by the
land development and subdivision regulations or otherwise create a
hazard to vehicle or pedestrian traffic.
(b)
No object or structure may be built or placed or permitted to remain
in a location which infringes on the clear-sight triangle required
by the land development and subdivision regulations or otherwise creates
a hazard to vehicle or pedestrian traffic.
(c)
Public transit shelters may be permitted at public transit stops
if the location and installation have been approved by the Town of
McCandless.
[8-24-2020 by Ord. No.
1503]
(a)
Signs shall be permitted only on private property. Signs may not
be placed within the public right-of-way or on public property. In
cases where a resident does not have specific knowledge of the location
of the right-of-way line, signs which are placed at least five feet
from the cartway by or with the permission of the property owner shall
be presumed to be on private property and shall be permitted.
(b)
Public nuisance. Any sign posted in violation of this section is
hereby declared to be a nuisance. In addition to any other remedy
provided by this Article or available under law, the Town may apply
to a court of competent jurisdiction for an injunction to prohibit
the continuation of any violation.
(c)
Removal procedure. Any sign found to violate this section may be
removed forthwith by any Town employee duly authorized by the Town
Manager or his/her designee.
(d)
Notice, storage, return. Upon removal of any sign in violation of
this section, a designated employee of the Town shall keep a record
of the location from which the sign was removed. Further, a reasonable
attempt shall be made to contact the owner by telephone. If such attempt
is successful, the owner shall be notified of the removal and of the
location where the sign may be retrieved. If telephone contact is
not achieved, written notice of the violation and the retrieval location
may, but is not required to, be provided. In either case, the Town
shall store any removed sign for at least 10 days. After expiration
of the ten-day period, the Town shall be permitted to destroy or discard
any sign.
(e)
Persons deemed responsible. The person(s), organization(s), or business(es)
named or promoted on the sign posted in violation of this section
shall be deemed to be the owner responsible for the violation, absent
prior notification to the Town of another responsible party. Nothing
in this section shall be interpreted to make any person, organization,
or business liable for any signs posted by persons over whom he/she/it
has no control.
[8-24-2020 by Ord. No.
1503]
The first violation of the provisions of this article shall
result in a written warning issued by the Town. Any future violation
of this article shall be considered a summary offense and the violator
shall be fined not more than $300 for each offense, plus costs of
prosecution.
