Any person, firm or corporation violating any of the provisions
of this article shall be fined in any sum not to exceed $500.00, and
each day’s violation thereof shall constitute a separate offense.
(Ordinance 142, sec. 4, adopted 9/23/71; Ordinance 246 adopted 1/28/88)
It shall be unlawful for any person, firm or corporation to
distribute, post, fasten, erect or display, or cause to be distributed,
posted, fastened, erected or displayed, any political, commercial
or other type of handbill, sign, poster, or advertisement on any structure,
tree, pole, curb or elsewhere within the right-of-way of any public
street or upon any public property within the city, without the express
permission of the city council, or upon any private property, real,
personal or otherwise, within the city without the express permission
of the owner thereof.
(Ordinance 142, sec. 1, adopted 9/23/71; Ordinance adopting Code)
When any handbill, sign, poster or advertisement shall be found distributed, posted, fastened, erected or displayed in violation of section
4.04.002 of this article, same shall be prima facie evidence that such unlawful distribution, posting, fastening, erecting or displaying was caused by the person, firm, or corporation advertised thereby only if such person, firm or corporation advertised thereby fails or refuses to move same after having been notified that such handbill, sign, poster or advertisement is in violation of section
4.04.002 hereof, and each day that such handbill, sign, poster or advertisement shall remain so posted, fastened, erected or displayed shall constitute a separate violation of this article.
(Ordinance 142, sec. 2, adopted 9/23/71; Ordinance adopting Code)
Said application shall be reviewed according to the following:
(1) The application referred to in section
4.04.002 of this article shall be filed with the city secretary no later than fourteen (14) days prior to the city council meeting at which it is to be reviewed by the city council.
(2) The
posting and/or distribution of the above-stated materials shall not
be violative of any penal law of the state or the United States; however,
the decision of the city council shall not be absolutely determinative
of the legality of said posting and/or distribution and the city shall
not be held liable therefor.
(3) The
posting and/or distribution shall not be injurious to the public health
according to generally accepted health standards as established in
the community.
(4) The
posting and/or distribution shall not be injurious to the safety of
the public so as to induce a reasonably prudent person to believe
that an unsafe condition exists upon the streets, alleyways, private
property to which the public at large has access, public property,
all other private property, and any other areas where such posting
and/or distribution might take place.
(5) The
posting and/or distribution shall not create a nuisance, obstruction,
or litter in the streets or other public or private property.
(6) Said
posting and/or distribution shall take place between the hours of
7:00 a.m. and 8:00 p.m. unless compelling reason is shown by the applicant
why said time period should be increased.
(7) The
city council shall have the discretion, within the guidelines set
forth herein, to decrease said time should it deem such decrease to
be necessary.
(8) If
said handbill, sign, poster, or advertisement is to be posted, fastened,
erected, or displayed, it shall be allowed to remain in public view
only for a reasonable period of time and said poster or other display
shall contain a designated date or deadline, [and] said reasonable
time shall be presumed to be no longer than seven (7) days following
said date or deadline.
(Ordinance adopted 6/26/86, sec.
1)
The fee for the application covered by this article shall be
the sum of twenty dollars ($20.00), which shall cover the costs of
copying, processing, reviewing, and the action taken upon the application,
with said application fee to be payable at the time of application.
(Ordinance adopted 6/26/86, sec.
2)
The provisions of this article shall in no way affect the rights
of owners of private property to regulate the activity contemplated
herein upon his/her private property so long as said regulation is
in compliance with the municipal laws of the city and the laws of
the state and of the United States.
(Ordinance adopted 6/26/86, sec.
3)