The regulations set forth in this article are in expansion of, and in addition to, the sign regulations set forth in Chapter 450, Zoning.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-28-2016 by Ord. No. 418]
The purpose of this article is to prevent hazards to visibility of motorists; to prevent interference with vehicular traffic, including the obstruction of sight distances; to prevent interference with normal pedestrian movements; to prevent disruption of vehicular and pedestrian traffic along any public street right-of-way; to foster public safety through the prevention of distractions to passing motorists; and to maintain the aesthetics of the Township.
The provisions of this article shall apply to all Temporary Signs, but shall specifically exclude Temporary Official Signs, that are placed for display to the public located within 10 feet of any cartway.
When used in this article, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise. Any word or term not defined in this article shall be used with a meaning of standard usage.
The paved portion of a street or highway designed for vehicular traffic and paved areas intended for on-street parking, excluding the shoulder of any street or highway.
An individual, company, unincorporated association, corporation, partnership or other entity.
The owner or lessee of the property on which a Temporary Sign is located, the Person placing a Temporary Sign and/or the Person on whose behalf the Temporary Sign was placed.
Any object, device display or structure that is used to advertise, identify, display, direct or attract attention, including structural elements, bases, sign faces, trim and borders.
A public or private thoroughfare which affords the principal means of access to abutting property and contains a right-of-way area (in addition to the cartway); including avenue, place, way, parkway, lane, boulevard, highway, road, alley and any other thoroughfare.
A sign temporarily placed by a federal, state or local governmental unit for the protection of public safety, such as a traffic sign.
A sign which is not permanently mounted or affixed to the ground, building or display window.
The Township of Spring, Berks County, Pennsylvania.
The following provisions shall apply to all Temporary Signs, or any portion thereof, but shall specifically exclude Temporary Official Signs, located within 10 feet of any cartway within the Township. All Temporary Signs are further regulated by Chapter 450, Zoning, Article VI, Signs, of the Code of the Township of Spring.
A.
No Temporary Sign, or any portion thereof, except Temporary Official Signs, may be placed, installed, erected, altered, maintained, used, displayed, or moved to any location within 10 feet of the cartway.
B.
In the event a property located within the Township does not have any area beyond 10 feet from the cartway for the placement of a permitted Temporary Sign, such Person shall consult with the Township Code Enforcement Officer on a possible location for the placement of a Temporary Sign. In that instance, the Code Enforcement Officer may, but shall not be required to, authorize the placement of a permitted Temporary Sign at a location to be determined by the Code Enforcement Officer within 10 feet from the cartway.
A.
The Township Code Enforcement Officer, or other qualified Person designated by the Township Board of Supervisors, shall determine if a Temporary Sign is compliant with or prohibited by the provisions of this article.
B.
Upon the determination that a Temporary Sign is noncompliant with or prohibited by the provisions of this article, the Code Enforcement Officer, or other qualified Person designated by the Township Board of Supervisors, may immediately remove such noncompliant or prohibited Temporary Sign and all associated structures and cause them to be stored at a Township facility for a period of 30 days from the date of such removal. Upon any such removal of a noncompliant or prohibited Temporary Sign and associated structures, the Code Enforcement Officer or other qualified Person designated by the Township Board of Supervisors, shall make a good faith effort to notify in writing the Responsible Person of the removal of such Temporary Sign and associated structures and advise such Responsible Person that they shall have a period of 30 days from the date of such removal to:
(1)
Retrieve such Temporary Sign and all associated structures from storage at such Township facility which such Temporary Sign and associated structures are stored within such thirty-day period, subject to the provisions of Subsection D of this section.
(2)
Appeal such determination of noncompliance or prohibition by filing an appeal thereof with the Township Board of Supervisors. In all cases the burden of proof and submission of technical evidence shall be the responsibility of the Person appealing the interpretation of the Code Enforcement Officer or other qualified Person designated by the Township Board of Supervisors.
C.
In the event the Responsible Person fails to:
(1)
Retrieve such Temporary Sign and all associated structures from storage at the Township facility; or
(2)
Appeal such determination of noncompliance or prohibition within such thirty-day period;
the Township shall be entitled to dispose of such Temporary Sign and all associated structures as it deems appropriate, and the Responsible Person shall be liable for all costs and expenses associated with such removal, storage and disposal, if applicable.
D.
The Responsible Person shall pay to the Township a fee for removal, storage and disposal, if applicable, of each Temporary Sign and associated structures, which fees shall be established by Resolution of the Township Board of Supervisors from time to time, and each such Responsible Person shall, upon the earlier of 1) within 10 days of receipt of an invoice therefor, or 2) prior to retrieval from the Township of such Temporary Sign and associated structures, remit payment in full to the Township for all such fees. No Responsible Person shall be entitled to return of such Temporary Sign and associated structures until such Responsible Person has remitted to the Township payment in full of all fees as set forth in this subsection.
E.
The Township shall not be responsible for any damage to or destruction of a Temporary Sign or associated structures which may occur during the removal or storage of such Temporary Sign and associated structures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person who shall violate any provision of this article shall, for every such offense for each individual temporary sign, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring, plus costs of prosecution, including but not limited to attorneys' fees, but in no case shall the fine for such violation be less than $100. Each day of the continuation of a violation shall constitute a separate offense for each individual temporary sign.
B.
This article and the foregoing penalties shall not be construed to limit or deny the right of the Township or any Person to such equitable or other remedies as may otherwise be available with or without process of law.
If any section, provision, sentence, clause or part of this article is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining sections, provisions, sentences, clauses or parts of this article. It is hereby declared as the intent of the Township Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid section, provision, sentence, clause or part thereof not been included herein.