[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1959, approved 5-14-1959]
The display of signs, posters and billboards in MacArthur Circle
in the City of Mount Vernon after May 25, 1959, is hereby prohibited.
All prior ordinances in conflict with this article are hereby
rescinded.
This article shall take effect immediately.
[Adopted 3-10-2006,[2] approved 3-10-2006]
A.
It shall be unlawful for any person to paste, post, paint, print,
nail or attach or affix by any means whatsoever any handbill, poster,
notice, sign, advertisement, sticker or other printed material upon
any curb, gutter, flagstone, tree, lamppost, awning post, telegraph
pole, telephone pole, public utility pole, public garbage bin, bus
shelter, bridge, elevated train structure, highway fence, barrel,
box, parking meter, mailbox, traffic control device, traffic stanchion,
traffic sign (including pole), tree box, tree pit protection device,
bench, traffic barrier, hydrant, public pay telephone, any personal
property maintained on a City street or other City-owned property
pursuant to a franchise, concession or revocable consent granted by
the City or other such item or structure in any street, or to direct,
suffer or permit any servant, agent, employee or other person under
his or her control to engage in such activity; provided, however,
that this section shall not apply to any handbill, poster, notice,
sign, advertisement, sticker or other printed material so posted by
or under the direction of the City Council, or by or under the direction
of any City department
B.
There shall be a rebuttable presumption that the person whose name,
telephone number, or other identifying information appears on any
handbill, poster, notice, sign, advertisement, sticker or other printed
material on any item or structure described in this section in any
street violated this section by either pasting, posting, painting,
printing, nailing or attaching or affixing by any means whatsoever
such handbill, poster, notice, sign, advertisement, sticker or other
printed material, or directing, suffering or permitting a servant,
agent, employee or other individual under such person's control
to engage in such activity.
C.
There shall be a rebuttable presumption that if a telephone number that appears on any handbill, poster, notice, sign or advertisement placed in violation of Subsection A of this section belongs to a telephone answering service and no other telephone number or address is readily obtainable to locate the person or business advertised therein, such telephone answering service shall be held liable for a violation of Subsection A.
A.
Any person convicted of a violation of any of the provisions of this
article of the Code shall be punished by a fine not to exceed $1,000
in amount or to imprisonment not exceeding 15 days, or both such fine
and imprisonment. Every handbill, poster, notice, sign, advertisement,
sticker or other printed material shall be deemed a separate violation.
Each and every day such violation continues shall be deemed a separate
and distinct violation for which a separate fine or penalty shall
be imposed. Anyone found to have violated this article, in addition
to any penalty imposed, shall also be responsible for the cost of
the removal of the authorized postings.
B.
Anyone found to have violated this article of this chapter by affixing
any handbill, poster, notice, sign or advertisement to a tree by means
of nailing or piercing the tree by any method shall have an additional
penalty imposed equal to the amount of the original penalty.
C.
Liability and responsibility for any civil penalty imposed pursuant
to this article for any violation of this article of the Code shall
be joint and severable on the part of any corporation found to be
liable and responsible and its officers, principals, and stockholders
owning more than 10% of its outstanding voting stock.
