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0386 • ORDINANCE NO. 386 AN ORDINANCE AMENDING ORDINANCE NO. 213 AND CHAPTERS 18.76 AND 18.88 OF THE JACKSONVILLE MUNICIPAL CODE, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE JACKSONVILLE CITY COUNCIL, THAT: Section 1. Ordinance No. 213 and Chapters 18.76 and 18. 88 of the Jacksonville Municipal Code are hereby amended by adding the following: "18.76.011 Permits Required. Before any new sign shall be erected, a permit shall be secured from the City building inspector. Within six months of the effective date of this ordinance all existing signs shall be properly permitted and tagged. There shall be no fee for the initial permitting of existing signs but all newly constructed and altered signs shall pay a fee and follow the permit schedule as outlined herein. Anyexisting signs which do not comply with this title shall be denied a permit unless approved by the Board of Adjustment and the City Council. All non - complying signs which do not receive a variance shall be removed immediately after the expiration of one year except for those signs erected prior to 1969, which shall be removed immediately after the expiration of three (3) years from the effective date hereof. 18.76.012 Application for Permit. Application for a permit shall be made to the Building Inspector upon a form provided by the Building Inspector and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the city including. (1) Name and address of owner of the sign. (2) Name and address of owner or the person in possession of the premises where the sign is located or to be located. (3) Clear and legible drawings with description definitely showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises. (4) Drawings showing the dimensions, construction supports, sizes, electrical wiring and components, materials of the sign and method of attachment and character of structural members to which attachment is to be made. The design, quality, materials and 1 • Page Two loading shall conform to the requirements of the title, as amended. If required by the Building Inspector, engineering data shall be supplied on plans submitted certified by a duly licensed engineer. 18.76.013 Issuance - Denial. The Building Inspector shall issue a permit for the erection, alteration, or relocation of a sign within the city when an application therefor has been properly made and the sign complies with all appropriate laws and regulations of the city. The Building Inspector may, in writing, suspend or revoke a permit issued under provisions of this Section whenever the permit is issued on the basis of a misstatement of fact or fraud. When a sign permit is denied by the Building Inspector, he shall give written notice of the denial to the ap- plicant, together with a brief written statement of the reasons for the denial. 18.76.014 Effect of Issuance. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an un- lawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. 18.76.015 Permit Fees. Application for permits shall be filed with the Building Inspector, together with a permit fee as specified by the Building Inspector, for each sign in accordance with the following schedule; provided, however, that the minimum fee for a permit, exclusive of any permit costs for electrical components, shall be not less than five ($5. 00) dollars for any sign valued at fifty ($50.00) dollars or less, and not less than ten ($10.00) dollars for any sign valued at more than fifty ($50.00) dollars. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property prior to obtaining permits as required by this Section, the fees specified hereunder shall be doubled but the payment of such double fee shall not relieve any person from complying with other provisions of this Section or from penalties prescribed herein. (1) On- premise Signs. All on- premise signs visible from a public street shall be calculated at a basis of thirty (30) cents a square foot. (a) The calculation on a free - standing pole, ground, monument or any similar or roof sign shall be based only Page Three on one face of the sign. That calculation shall be based on the largest fact of the sign. (b) Facia or wall signs: only one copy area as cal- culated in this Code shall be included in the above- mentioned fee. (2) Off - premise Signs. Off - premise signs shall have a fee based at five (5) cents a square foot. This fee shall relate to only one fact of the sign but be calculated on whichever is the largest exposed face of the sign and shall be based on the total changeable copy area of the largest face on the off - premise signs that can be seen at any one given time. 18.76.016 Sign Permit Appeals. (1) Appeal from denial of permit. Appeal may be taken to the Board of Adjustment from the Building Inspector's denial of a sign permit. (2) Appeal from failure of Building Inspector to grant permit within thirty (30) days. The Building Inspector's failure to either formally grant or deny a sign application within thirty (30) days of the date an appli- cation meeting he requirements of this Code is filed shall be rounds for g q g appeal to the Board of Adjustment. 18.76.017 Notice of Change of Sign Owner or User. Whenever there is a change in the sign user, owner, or owner of the property on which the sign is located, the new sign user, owner, or new property owner shall forthwith notify the Building Inspector of the change. No new sign permit is � re uired unless the sig n is altered or relocated. q 18.76.021 The following of signs are expressly prohibited in g� g P YP all districts, except as otherwise provided herein: (1) Animated and Intensely Lighted Signs. No sign shall be permitted which is animated by means of flashing, scintillating, blinking or travelling lights or any other means not providing con - stant illumination (unless specifically permitted in special sign districts). Public service information signs and other electronic message centers classified as "changing signs" are permitted. (2) Miscellaneous Signs and Posters. The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences or other structure is prohibited unless otherwise permitted by this Code. (3) Moving Signs. Except as otherwise provided in this Code, no sign or any portion thereof shall be permitted which moves or assumes any motion constituting a non - stationary or fixed condition except for the rotation of barber poles, permissible changing signs or permissible multi -prism units. Indexing multi -prism units must Page Four not exceed a speed of two complete revolutions every twenty (20) seconds. This is not meant to prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor vehicle. (4) Abandoned Signs. Such business signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located, shall be prohibited. (5) Parking of Advertising Vehicles Prohibited. No person shall park any vehicle or trader on a public right -of -way or public property or on private property so as to be visible from a public right -of -way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor vehicle. (6) Public Areas. No sign shall be permitted which is placed on any curb, sidewalk, post, pole, electrolier, hydrant, bridge, tree or other surface located on public property or over or across any street or public thoroughfare except as may otherwise expressly be authorized by this Code. (7) Banners. (a) Banners, pennants, search lights, twirling signs, sandwich board signs, sidewalk or curb signs, balloons or other gas- filled figures shall not be used on a permanent basis. (b) Signs described in (a) above will be permitted at the opening of a new business in a commercial or industrial district for a total period not to exceed 60 days and will be allowed in residential districts in conjunction with an open house or model home demonstration conducted bya realtor for two days before the opening of such a demonstration to two days after and not to exceed a total period of thirty (30) days. (8) Flags. Flags other than those of any nation, state or political sub- division or corporate flag are prohibited except as set forth in (b) of (7) above. (9) Swinging Signs. Swingings signs are prohibited. (10) "A" Frame Signs. "A" frame or sandwich board, side- walk or curb signs are prohibited. (11) Portable Signs. Portable or wheeled signs are prohibited. This shall not be interpreted to prohibit lettering on motor vehicles or permissible advertising on buses. 18.76.100 Compliance with Building Code. All signs shall comply with the appropriate detailed provisions of city Building Code relating to design, structural members and connections. Signs shall also comply with the provisions of the applicable Electrical Code and the additional construction Page Five standards hereinafter set forth in this Section. 18.76. 101 Construction of Signs, Auxiliary Specifications. (1) Identification and Marking. Each sign hereafter erected or remodelled shall bear, in a permanent position thereon a clearly legible identification plate stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, erec- tion and the date of erection. Electrical signs shall be marked with input amperages at the full load input similar to the CSA label or the UL(48). (2) Sign Identification Tag. Each sign shall have a two by four inch sticker placed on one of the faces of the sign that identifies the permit number that was originally issued by the Building Inspector. This sticker shall be renewed on a bi- annual basis as provided for in this Code. (3) Obstruction to Exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. (4) Obstruction to Ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provision of the Building or Fire Prevention Codes. (5) Clearance from High Voltage Power Lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code Specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire. (0 Drainage. The roofs of all marquees exceeding 40 square feet shall be properly guttered and connected with downspouts to storm sewers so that water will not drip or flow into public sidewalks or streets. 18.76. 102 Free-Standing Signs = Materials. All free- standing sign Page Six . structures or poles shall be self - supporting structures erected on and per- , manently attached to concrete foundations. Such structures or poles shall be fabricated only from painted steel or such other materials as maybe approved by the Building Code of the city. 18.76. 103 Electric Signs. All electric signs shall be approved and labeled as conforming to the standards of the United States Bureau of Stand- ards, the Underwriters' Laboratories, Inc., the Canadian Standards Associa- tion (CSA), or other similar institutions of recognized standing. The full number of illuminating elements thereof shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are only partially illuminated shall meet all electrical requirements for that portion directly illuminated. All electric signs shall have a disconnecting switch located in accordance with the provisions of the Safety Code. 18.76. 104 Glass. When lass is used for sign letters or transparent g Pa rent nels it shall be at least double strength thickness for sign areas u penels, g g up to and including 300 square inches. When glass is used for sign letters or trans- parent panels for sign areas in excess of 300 square inches at least one - quarter inch wire glass shall be used and the maximum span between supports shall be four (4) feet. 18.76. 105 Strength of Parapet Wall. A parapet wall must be designed g Pe Pa Pe g for and have sufficient strength to support sig n which is attached thereto. g PP any 1 7 shall 6. 106 Supports and Braces. Metal supports or braces sh 11 be adequate for wind loadings, see Section 18.76.107. Wire or cable supports shall have a safety factor of four. All metal, wire cable supports and braces and all bolts used to attach sign to bracket or brackets and signs to the sup- porting building or structure shall be of galvanized or of an equivalent material. There shall be no visible angle irons, or unsightly supports. All such sign supports shall be an integral part of the sign design. There shall be a pole cover on all free- standing signs unless the pole is an integral part of the sign. 18.76.107 Wind Loads. All signs, except those attached flat against the wall of a building shall be constructed to withstand wind loads as follows: Page Seven For solid signs, 30 pounds per square foot on one face of the sign. For skeleton signs, 36 pounds per square foot of the total face area of the letters and other sign surfaces, or ten pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater. 18.76. 108 Sign n Anchorin . No sign shall g g g be suspended by chains or other devices that will allow the sign o swing due to wind action. Signs g g ns shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections. 18.76.110 Permit Exceptions. The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, but the signs must be in conformance with all other building, struc- tural and electrical laws and regulations of the city: (1) Changing of the advertising copy or message on an ex- isting approved painted or printed sign, marquee, changeable copy sign or a similar approved sign whether electrical, illum- inated, electronic changing message center or non - illuminated painted message which are all specifically designed for the use of replacement copy. (2) Painting, repainting, cleaning or other normal mainten- ance and repair of a sign not involving structural changes. Replacement of the plastic face will be included as an exempt operation provided that it is due to a change caused by breakage and /or deterioration of the face, but not for the substitution of a new or different advertiser. (3) Changes in the content of show window displays and permitted temporary signs. 18.76. 111 Exempt Signs. (1) Construction Signs. One construction sign per construction project not exceeding 32 square feet in sign area in residential districts or 64 square feet in commercial or industrial districts, provided that such signs shall be erected no more than five (5) days prior to the beginning of construc- tion for which a valid building permit has been issued, shall be confined to the site of construction, and shall be removed five (5) days after completion of construction and prior to occupancy. (2) Directional or Instructional Signs. Signs which provide Page Eight direction or instruction and are located entirely on the property to which they pertain and do not in any way advertise a business and do not exceed four square feet in area, signs identifying rest rooms, public telephones, walkways, or signs providing direction such as parking lot entrance and exit signs and those of similar nature. (3) Flags. The flags, emblems, or insignia of any nation or political sub-division or corporate flag. (4) Government Signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safetywhich are erected by or on the order of, a public officer in the performance of his public duty. (5) Holiday Decorations. Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday; provided that such signs shall be displayed for a period of not more than 60 consecutive days nor more than 60 days in any one year. Such signs may be of any type, number, area, height, illumination or animation; and shall be set back 10 feet from all boundary lines of the lot, provided that a clear area be maintained to a height of 72 inches, within 55 feet of the intersection of two streets, a railroad and a street and a street and driveway. (6) House Numbers and Name Plates. House numbers and name plates not exceeding two square feet in area for each residential build- ing. (7) Interior Signs. Signs located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theatre, that are not visible from the public right -of -way. This does not, however, exempt such signs from the structural, electrical, or material specifications as set out in this Code. Page Nine (8) Memorial Signs. Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be Pa g rt of the building or when constructed of bronze or other incombustible material. (9) Notice Bulletin Boards. Notice bulletin boards not over 24 square feet in area for medical, public, charitable or religious institutions where the same are located on the premises of said institution. (10) No- Trespassing or No- Dumping Signs. No- t respassing or no- dumping signs not to exceed one and one -half square feet in area per sign and not exceeding four in number per lot, except that special permission may be obtained from the Building Inspector for additional signs under proven special circumstances. (11) Occupant Signs. One sign for each dwelling unit not to exceed two square feet in area indicating the name of the occupant, location or identification of a home professional office. (12) Plaques. Plaques cr name plate signs not more than two and one -half square feet in area which are fastened directly to the building. (13) Political and Campaign Signs. Political or campaign signs on behalf of candidates for u a u election 11 public office or mreasures res on i e e ton ba ots provided that said signs are subject to the following P g subject g g (a) Said signs may be erected not earlier than 45 days g Y s Y prior to said election and shall be removed within 15 days following said election. (b) In any zone, only one stationary sign is permitted on any one parcel of land. Said sign shall not exceed 32 Y Pa g square feet in aggregate area and, if detached, shall not exceed 6 feet in height. Said sign shall not be erected in such a manner as to constitute a roof sign. If there should be more than one tenant, each tenant shall be permitted the above allowed dimensions. Notwithstanding the provi- sions of this sub- paragraph, a sign may be placed upon any legally existing sign structure, but not so as to cover an already existing current sign. (c) No sign shall be located within or over the public right -of -way. 14 Public Notices. Official notices posted b ( ) P y public officers or employees in the performance of their duties. Page Ten (15) Public Signs. Signs required or specificallyauthorized for a public purpose by any law, statute or ordinance; which may be of any type, number, area, height above grade, location, illumination, or anima- tion, required by the law, statute or ordinance under which the signs are erected. (16) Real Estate Sig ns. One real estate sign on any lot or Signs. g Y parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six square feet in area, and is removed within seven days after the sale, rental, or lease has been accomplished. (17) Permanent Window Signs. Except in residential zones, for each ground floor occupancy of a building not more than two permanent signs may be painted on or otherwise displayed from the inside surface of g any window, showcase or other similar facility. Said signs shall be in addition to those signs permitted under the other provisions of this Code. The total copy area of such signs, however, shall not exceed a maximum of 25 per cent of the total window area, or one square foot per lineal front foot of the premises occupied, whichever is the lesser. (18) Signs in the Display Window. Signs in the display window of a business use which are incorporated with a display of merchandise or a display relating to services offered which mmply with sub - paragraph (17) herein. (19) Symbols or Insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque, or identification emblem shall exceed four square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. (20) Temporary Signs. Temporary signs not exceeding four square feet in area pertaining to d events philanthropic, q Pe g t rives or vents of civic, pht nthropic, Page Eleven educational or religious organizations, provided that said signs are posted only during said drive or no more than 30 days before said event and are removed no more than 15 days after an event. (21) Warning Signs. Signs warning the public of the existence of danger, but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger. (22) Neighborhood Identification Signs. In any zone, a sign, masonry wall, landscaping and other similar materials or features maybe combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the neighborhood or tract name. 18.76. 120 Maintenance and Repair. Every sign including but not limited to those signs for which permits or for which no permits or permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of de- fective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The Building Inspector shall require compli- ance with all standards of this Code. If the sign is not made to comply with adequate safety standards the Building Inspector shall require its removal in accordance with this Section. 18.76.121 Abandoned Signs. Except as otherwise provided in this Code, any sign which is located on property which becomes vacant and un- occupied for a period of three months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises. 18.76. 122 Dangerous or Defective Signs. No person shall main- tain or permit to be maintained on any premises owned or controlled by him Page Twelve any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises. 18.76. 123 Unlawful Signs. No person shall erect on any premises owned or controlled by him any sign which does not comply with the p rovisions of this Code. 18.76. 124 Street Improvement Projects. Any sign projecting over a public right-of-way at the time of the effective date of this Code which was subject to removal or relocation at the owner's expense, pursuant to a permit or other ordinance of the city, shall be removed by the owner or altered at the owner's expense to complywith the regulations of this Code if, as the result of, or after completion of a street improvement project, said sign does not or would not comply with the provisions of this Code. 18.76. 125 Removal of Signs by the Building Inspector. The Building Inspector shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The Building Inspector shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten days the sign shall be removed in accord- ance with the provisions of this Section. All notices mailed by the Building Inspector shall be sent by certified mail. Any time periods provided in this Section shall be deemed to commence on the date of the receipt of the certified mail. For all other signs the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property. Any person having an interest in the sign or the property may appeal the determination of the Building Inspector ordering removal or com- pliance by filing a written notice of appeal with the Board of Adjustment within Page Thirteen 30 clays after the date of mailing the notice, or 30 days after receipt of the notice if the notice was not mailed. Notwithstanding the above, in cases of emergency, the Building Inspector may cause the immediate removal of a dangerous or defective sign without notice. 18.76.126 Disposal of Signs - Fees. Any sign removed by the Building Inspector pursuant to the provisions of this Section shall become the property of the city and may be disposed of in any manner deemed appro- priate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city or by assessment against the property as hereinafter provided. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal. When it is determined by the Building Inspector that said sign would cause an imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the Building Inspector may correct the danger, all costs being assessed as contained in the following sub - sections (1) through (8): (1) The notice given by the Building Inspector shall state not only the remedial action required to be taken, but shall also state that if such action is not taken within the time limits set forth in this Code, the cost of correcting the unlawful feature of the sign may be assessed against the property on which the sign is located, together with the additional five per cent for inspection and inci- dental costs and an additional ten per cent penalty for the cost of collection, and collected in the same manner as real estate taxes against the property. (2) In the event that the owner of the premises, or person entitled to the possession, or the owner of the sign, shall fail, neglect or refuse to comply with the notice to repair, rehabili- tate or demolish the sign to be declared to be unlawful, the owner of the sign, the owner of the premises upon which the sign is located, and the person entitled to possession thereof (if other than the owner of the premises), or all or any of them, maybe prosecuted for violation of this Code. The Building Inspector may remove the sign declared to be unlawful. (3) If it shall be necessary for the Building Inspector to Page Fourteen remove a sign pursuant to the provisions hereof, bids shall be taken when the estimated costs of demolition exceed $500.00. When completed, the Building Inspector shall certify to the clerk the legal description of the property upon which the work was done, together with the name of the owner thereof, as shown by the tax rolls of the related municipal area, together with a statement of work performed, the date of performance and the cost thereof. (4) Upon receipt of such statement, the clerk shall mail a notice to the owner of said premises as shown by the tax rolls, at the address shown upon the tax rolls, by certified mail, postage prepaid, notifying such owner that the work has been performed pursuant to this Code, stating the date of performance of the work, the nature of the work, and the demanding payments of the costs thereof (as certified by the Building Inspector), to- gether with five per cent for the inspection and the other incidental costs in connection therewith. Such notice shall state that if said amount is not paid within thirty (30) days of mailing the notice, it shall become an assessment upon and a lien against the property of said owner, describing the same, and will be certified as an assessment against the property, together with a ten per cent penalty, for collection in the same manner as the real estate taxes upon the property. (5) If the clerk shall not receive payment within a period of 30 days following the mailing of such notice, the clerk shall inform the council of such fact and the council shall thereupon enact a re- solution assessing the whole cost of such work, including five per cent for inspection and other incidental costs in connection there- with upon the lots and tracts of land from which the sign has been removed, together with a ten per cent penalty for the cost of collection. (6) Following passage of such resolution upon third reading, the clerk shall certify the same to the treasurer, who shall collect the assessment, including the ten per cent penalty of cost for collection, in the same manner as other taxes are collected. (71 Each such assessment shall be a lien against each lot or tract of land assessed, until paid, and shall have priority over all other liens except general taxes and prior special assessments. (8) For all purposes hereinafter the owner of the premises shall be presumed to be the owner of all signs thereon, unless the contrary shall appear from facts brought to the attention of the Building Inspector. If the costs are to be assessed against the property, a hearing to confirm the said cost shall be held before the council. At such hearing the owner of the property or other interested person may appear and object to the proposed assessment. Notice of the hearing shall be given at least ten days prior to the date of the hearing to the property owner by mailing a notice of the hearing to the address of said property owner as shown on the Page Fifteen last equalized assessment roll. 18.76. 130 Inspection by Building inspector. The Building Inspector is hereby empowered to enter or inspect any building, structure, or premises in the City upon which, or in connection with which a sign, as defined by this Code, is located for the purpose of inspection of the sign, its structural and electrical connections, and to insure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. 18.76. 131 Code Violations and Enforcement. The remedies pro- vided in this section, for violations of or failure to comply with provisions of this Code, whether civil, criminal, or for sign removal, shall be cumula- tive and shall be in addition to any other remedy provided by law. it is intended that the civil penalty described herein shall be used in preference to the criminal penalty, except in case of repeated, malicious, wilfully pro- longed, or flagrant violations of this Code. Except as otherwise provided in this Code any sign which is not in compliance with all of the provisions of this Code shall be referred to herein as an "unlawful" sign. 18.76. 132 Civil Remedies. The violation of or failure to comply with any of the provisions of this Code, or the erection, use or display of any sign not in compliance with all of the provisions of this Code shall be and hereby is declared to be unlawful. (1) injunction and Abatement. The City, through its authorized agents, including the Building Inspector, or any person, as defined in this Code, may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who violates or fails to comply with any provision of this Code or the erector, owner or user of an unlawful sign or owner of the property on which an unlawful sign is located, to prevent, enjoin, abate or terminate violations of this Code and /or the erection, use or display of an unlawful sign. (2) Civil Penalty. Any person who violates or fails to comply with any of the provisions of this Code or the erector, Page Sixteen owner, or user of an unlawful sign or the owner of property on which an unlawful sign is located shall be subject to a civil penalty of $25.00 and an additional $15.00 for each day or portion thereof that the use or display of the unlawful sign has continued. Provided, however, that the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the penalty only if demand for removal or alteration of the unlawful sign shall have been mailed by registered mail, return receipt requested, to said owner and the demand has remained un- complied with for more than 30 days. 18.76. 133 Criminal Penalty. The violation of or failure to comply with any of the provisions of this Code or the erection, use, or display of any sign not in compliance with all of the provisions of this Code shall be and hereby is declared to be a misdemeanor. Every person concerned in the violation of or failure to comply with the Code, whether he directly commits the act or aids or abets the same, and whether present or absent, shall be proceeded against and held as a principal. Provided, however, that the owner of property on which an un- lawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the said misdemeanor penalties only if demand for re- moval or alteration of the unlawful sign shall have been mailed by registered mail, return receipt requested, to said owner and the demand has remained uncomplied with for more than 30 days. 18.76. 134 Assurance of Discontinuance. A s an additional means of enforcing this Code, the Building Inspector may accept an assurance of discontinuance of any act or practice deemed in violation of this Code or of any rule or regulation adopted pursuant hereto, from any person engaging in, Page Seventeen or who has engaged in such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the forms of any such assurance shall constitute prima facie proof of a violation of this Code or any rule or regulation adopted pursuant hereto or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunctive relief from a court of competent jurisdiction." Section 18.76.090 is hereby amended to read as follows: "All political signs must conform to all provisions of this title. Party primary elections and general elections shall be considered as separate elections. Section 18. 88.050 B. is hereby amended to reas as follows: "Any person aggrieved at the findings of the board of adjustment of the city shall have the right of appeal from the findings of said board to a court of record having jurisdiction in the manner provided for in the statutes of Arkansas, or the right to appeal to the city council." Section 2. This ordinance being necessary for the immediate pre- servation of the public health, safety, welfare and morale of the citizens of the City of Jacksonville, Arkansas, an emergency is hereby declared to exist and this ordinance shall have full force and effect immediately after its passage. APPROVED AND ADOPTED this day of May, 1976. MAYOR ATTEST: City Clerk l i on 5-13 - 76, 4 tC- NOTE: THIS ORDINANCE NO. 386 CCNTAENS 3 REVISIONS. PAGES 1, 15, and 16. THE REVISED PACES ARE INCLUDED.