Except only as provided in Section 12.24.030 of this chapter, it is unlawful for any person, firm or corporation to place, erect, install, replace, re-erect or reinstall, or cause to be placed, erected, installed, replaced, re-erected or reinstalled in, upon, over or overhanging any part of any public street, alley or public way in the city, including but not limited to any public sidewalk or part of any public sidewalk therein, any marquee, canopy, porch, sign, business or professional card or designation or any advertising device whatever.

(Ord. 404 § 1, 1959)

None of the provisions of this chapter shall apply to signs or markings placed in or on any street, avenue or alley by the city or other regulatory authority for the purpose of guiding or controlling traffic, designating the names or numbers of streets or avenues, or other governmental purpose.

(Ord. 404 § 5, 1959)

After obtaining the permit as provided in Section 12.24.040 of this chapter, any person, firm or corporation may place, erect, install, replace, re-erect or reinstall a marquee, canopy, porch, sign, business or professional card or designation or advertising device so as to project over a part of a public street, alley or public way, or a public sidewalk in the city, by securely attaching the same to a building used for business, commercial or industrial purposes situated wholly on private property and located in a business, commercial or industrial zone of the city, in such manner as to be supported entirely by said building and not to endanger persons or property in such public place, nor project from the building to which it is attached more than eight feet, nor extend, at its lowest point, to less than seven and one-half feet above the surface of any public sidewalk, street, alley or public way under the same. Provided, however, that in the attaching of the signs or business or professional cards or designations which do not project over the sidewalk an appreciable distance, the location thereof as to height may be varied from that herein provided and be fixed by the governing body, when issuing the permit, at such height as in its judgment will be consistent with public safety. Variance as to height and also to extent of projection over the public way may also be made by the governing body as to signs projecting over alleys, streets and avenues where principally vehicular traffic exists; and provided, further, that the governing body shall deny issuance of any permit which in its judgment is required by considerations of public safety.

(Ord. 404 § 2, 1959)

A.    The application for the permit mentioned in Section 12.24.030 of this chapter shall be in writing, filed with the city clerk, signed by the owner or owners of the premises and by the person, firm or corporation that shall erect, re-erect, install or reinstall such marquee, canopy, porch, sign, business or professional card or designation, or other advertising device thereon, and shall contain detailed description of the item for which the permit is sought, and the proposed location thereof, and showing that the same will comply in all respects with the requirements of this chapter.

B.    It is unlawful to commence the erection or placement of such item prior to the issuance of a permit therefor by the governing body.

(Ord. 404 § 3, 1959)

The governing body of the city shall have power, by motion or resolution duly passed, to condemn any marquee, canopy, porch, sign, business or professional sign or designation, or any advertising device whatever, placed, erected, installed, replaced, re-erected or reinstalled in violation of the provisions of this chapter, or which it deems an immediate danger to public safety, or appears to be abandoned or no longer in use, without regard to when the same was last placed, erected or installed, and without regard to whether a permit was issued therefor under the ordinance codified in this chapter or any other ordinance, and the governing body may thereupon order the same removed, reconstructed or adequately repaired within twenty-four hours after service of written notice to the owner of record of the premises, if found in the city, and, if not, then to the occupant or manager of the premises.

(Ord. 404 § 4, 1959; Code 2016)

Failure on the part of any owner of premises, occupant or manager thereof to comply with any order issued under Section 12.24.050 of this chapter within the time specified by notice served upon him thereunder shall constitute a misdemeanor, punishable upon conviction thereof by fine in the sum of twenty-five dollars and confinement in the city or other proper jail until the fine is paid, and each failure, for succeeding periods of twenty-four hours each, following such specified time, shall constitute a separate misdemeanor and be similarly punishable, upon conviction thereof.

(Ord. 404 § 6, 1959)

Failure on the part of any person, firm or corporation to comply with any of the provisions of this chapter, excluding those contained in Section 12.24.050 hereof, shall constitute a misdemeanor and be punishable, upon conviction thereof, by a fine of not less than fifty dollars, nor more than five hundred dollars, plus court costs.

(Ord. 404 § 7, 1959; Code 2016)