[HISTORY: Adopted by the Town of Barnstable as indicated in article histories. Amendments noted where applicable.]
Article I Billboards and Advertising Devices
Article II Signs with Moving, Flashing or Animated Parts
[Adopted 3-4-1924, approved 4-1-1924 (Art. II of Ch. III of the General Ordinances as updated through 7-7-2003)]
No person, firm, association or corporation shall erect, display or maintain a billboard sign, or other outdoor advertising device, except those exempted by §§ 30 and 32 of Chapter 93 of the General Laws.
Within 50 feet of any public way.
Within 300 feet of any public park, playground or other public grounds, if within view of any portion of the same.
Nearer than 50 feet to any other such billboard, sign or other advertising device, unless said billboards, signs or other advertising devices are placed back to back.
On any location at the corner of any public ways and within a radius of 150 feet from the point where the center lines of such ways intersect.
Nearer than 100 feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising shall exceed a length of eight feet or a height of four feet.
Nearer than 300 feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of 25 feet or a height of 12 feet.
In any event if such billboard, sign or other advertising device shall exceed a length of 50 feet or a height of 12 feet, except the Town Manager may permit the erection of billboards, signs or other advertising devices which do not exceed 40 feet in length and 15 feet in height if not nearer than 300 feet to the boundary line of any public way.
No billboard, sign or other advertising device shall be erected, displayed or maintained in any block in which 1/2 of the buildings on both sides of the street are used exclusively for residential purposes, except that this provision shall not apply if the written consent of the owners of a majority of the frontage on both sides of the street in such block is first obtained and is filed with the Division of Highways of the Department of Public Works, together with the application for a permit for such billboard, sign or other advertising device.
No billboard, sign or other advertising device shall be erected, displayed or maintained until a permit therefor has been issued by the Division of Highways of the Department of Public Works pursuant to the following provisions: Upon receipt from said Division of a notice that application for permit to erect, display or maintain a billboard, sign or other advertising device within the limits of the Town has been received by it, the Town Manager shall hold a public hearing on said application in said Town, notice of which shall be given by posting the same in three or more public places in said Town at least one week before the date of such hearing. A written statement as to the results thereof shall be forwarded to the Division, containing, in the event of a disapproval of such application, the reasons thereof, within 30 days from the date of notice of the Town that an application for such a permit has been made.
This article shall not apply to signs or other devices which advertise or indicate either the person occupying the premises in question or the business transacted thereon, or advertise the property itself or any part thereof as for sale or to let, and provided further that this article shall not apply to billboards, signs or other advertising devices legally maintained, at the time of its approval by the Attorney General, until one year from the first day of July following such approval.
Whoever violates any of the provisions of this article shall be punished by a fine of not more than $100, and whoever, after conviction for such violation, unlawfully maintains such billboard, sign or other outdoor advertising device for 20 days thereafter shall be punished by a fine of not more than $500.
If any provision of this article is declared unconstitutional or illegal by final judgment, order or decree of the Supreme Judicial Court of the commonwealth, the validity of the remaining provisions of this article shall not be affected hereby.
[Adopted 11-1-1980, approved 2-27-1981 (Art. XXXVII of Ch. III of the General Ordinances as updated through 7-7-2003)]
No person shall maintain or operate any sign or other such device or structure visible from any way within the Town which is open to the public, and which makes use of any moving, flashing or animated lights, or visible moving or movable parts. Such signs or flashing devices, or portions thereof, which flash, rotate or otherwise change at intervals not more frequent than one hour and portions of signs which consists solely of indicators of time or temperature shall not be deemed to make use of moving, flashing or animated lights or visible moving or movable parts.
This article may be enforced by any police officer of the Town or by the Sign Control Officer under Chapter 240, Zoning.
Any person violating the provisions of this article shall be punished by a fine of not more than $200 for each offense. Each day that a violation hereof exists shall constitute a separate offense.