The URL can be used to link to this page

Home My Public Portal AboutOrd 333 Political Signs (First Published in the Ark Valley News on the ~ day of CSt'J.(\ , 2001.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 33 3 AN ORDINANCE REGULATING POLITICAL SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. General Prohibition Except as otherwise provided in this Ordinance, it is unlawful for any person to place, locate, erect, construct, reconstruct, remodel, relocate, alter, hang, affix or create by painting, a political sign within the corporate limits of the City of Bel Aire, Kansas. Section 2. Definitions 1. Gross Surface Area of a Sign. The gross surface area of a sign shall be the sum of the surface area of one of the sign faces. 2. Political Sign. Political sign refers to a sign pertaining to the announcement of an individual being a legally registered candidate for an elective political office or any issue legally placed upon a ballot for vote by the electorate. Section 3. Exception One political sign per candidate or ballot issue may be located upon each lot or parcel of land, with the permission of the owner or tenant, provided: 1. The gross surface area of the sign does not exceed five (5) square feet. 2. The sign shall not be more than three (3) feet in height. 1 3. The sign shall be on private property and shall not be located closer than six (6) feet to a side property line. No political sign shall be placed upon or supported in any way by public property. No political sign shall project over public right-of-way. 4. No political sign may be erected more than thirty (30) days prior to an election involving the candidate or ballot issue and all signs shall be removed within two (2) days following the election in which the ballot issue is decided or the candidate is elected to office or is eliminated from further participation in the election as a candidate. 5. No illuminated signs, flashing signs I rotating or moving signs, animated signs, signs with moving lights, or signs which create the illusion of movement shall be permitted in a residential zoning district or on a lot adjacent to or across the street from any residential district. 6. No sign shall be placed or erected across or so as to obstruct in any way any window, door, exit or entrance or, to or from any bui Iding, whether occupied or not, but this provision shall not prohibit placing a sign across a transom. No sign of any kind shall be attached to or placed upon a building in such a manner as to obstruct any fire escape, nor shall any sign be attached to any fire escape. 7. No sign shall be erected, constructed, reconstructed, remodeled, re I ocated I altered, hung, affixed or created by painting, or maintained in any way that will interfere with public safety and convenience or with the proper and convenient operation of the fire department for protection of property. 8. No sign shall be erected or maintained in such a manner as to interfere with, mislead or confuse traffic or to obstruct the line of sight of any traffic signal, or traffic device as may be determined by the Chief of Police. Section 4. Nonconformina Sians Any permanent sign in existence on the effective date of the adoption of this Ordinance which does not conform to the provisions of this Ordinance, but which was erected, constructed, reconstructed, remodeled, relocated, altered, hung, affixed or created by painting in compliance with all previously applicable sign regulations shall be regarded as a nonconforming sign and may continue to exist as a nonconforming sign I even if used as a political sign. 2 Section 5. Sian Maintenance 1. All political signs, together with all their supports I braces, connections, anchors and any appurtenance thereto shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary and inoffensive condition I and shall be kept free and clear of all obnoxious substances, rubbish and weeds. 2. Any fading, chipping, peeling or flaking of paint, plastic or glass, or any mechanical I electrical or structural defect shall be corrected within three (3) days upon notice by any City Police Officer, the City Zoning Officer or the City Superintendent, or the sign shall be removed. 3. The otherwise lawful placement of a political sign pursuant to this Ordinance shall not relieve the owner of the sign or the owner, tenant or lessee of the premises upon which or to which the sign is attached I from the responsibility of safely maintaining such sign and all liability arising out of failing to maintain such sign in a safe and reasonable manner as well as in a manner comporting with this Ordinance and all other laws of the City and State. Section 6. Enforcement and Inspections All City Police Officers I the City Zoning Officer and the City Superintendent shall be responsible for enforcement of this Ordinance. Such agents of the City or an authorized representative may inspect all signs regulated by this Ordinance. Such agents of the City or their delegates may also enter upon any premises at any reasonable time for the purpose of inspection or to prevent a violation of this Ordinance upon presentation of the proper credentials. Section 7. Removal of Sians Placed upon Public Property Any political sign placed upon public property, including public rights-of-way, is declared to be a public nuisance, and a City Police Officer, the City Zoning Officer or City Superintendent shall impound the sign as abatement of the nuisance. Such sign shall be kept by the City for a period of thirty (30) days, after which it may be disposed of in any manner deemed appropriate by the City. Such sign may be recovered by the owner within thirty (30) days upon payment of a service charge of ten dollars ($10.00) per sign, 3 Section 8. Removal of Sians Placed upon Private Propertv Any political sign placed on private property in violation of any provision of this Ordinance may be removed and impounded by a City Police Officer, the City Zoning Officer or the City Superintendent. The City Police Officer, City Zoning Officer or City Superintendent shall prepare a notice and specify the violation involved which shall state that if the sign is not removed or the violation not corrected within three (3) days, the sign shall be impounded. This notice shall be served upon the owner or agent of such sign and where possible, upon the occupant of the property where the sign is located. Such sign shall be retained by the City for a period of thirty days, after which it may be disposed of in any manner deemed appropriate by the City. Such sign may be recovered by the owner within thirty days upon payment of a service charge of ten dollars per sign. Notwithstanding the above, in cases of emergency, a City Police Officer, the City Zoning Officer or the City Superintendent may cause the immediate removal of a dangerous or defective sign without notice. Any person having an interest in a sign or the property on which the sign is located may appeal the determination of a City Police Officer, the City Zoning Officer or City Superintendent ordering removal or compliance pursuant to this Section by filing a written notice of appeal within three (3) days to the Board of Zoning Appeals. The Board of Zoning Appeals is hereby granted jurisdiction to hear appeals on all matters arising out of enforcement of this Ordinance in the same manner as all other appeals to such body. Appeals from the decisions of the Board of Zoning Appeals on those matters arising out of enforcement of this Ordinance shall be filed with the District Court. Section 9. Penaltv Any person violating any of the provisions of this Ordinance, or causing, permitting or suffering the same to be done, is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment of not more than six (6) months or both such fine and imprisonment. Criminal prosecution shall be conducted within the City's municipal court, but in no way shall criminal prosecution bar the filing of any civil action deemed necessary by the City to correct harms alleged to have been brought about by failure to comply with the regulations of this Ordinance. -:t Section 10. Repeal It is specifically intended that this Ordinance will exclusively govern political signs. All ordinances or parts of ordinances in conflict herewith are repealed. However, any section of an existing ordinance not in conflict herewith is not repealed and remains in full force and effect. Section 11. Effective Date This Ordinance shall take effect and be in force from and after its publication in the official city newspaper. Passed by the City Council this / & day of (). ~ I 2001. f Approved by the Mayor this / t day of ()~ I 2001. P' " ~,;{~B'il, ,\ U ._".___ 'I ''\. ~,/'"'......, /"", "", . j l'" Fd't.' ~{. C .~",' ,",,: ,> r'", .: ,( ....,",,"" \,,' /,\/, I.' ,,., \'" ," 1"" ;' v'J i ", ,~ ~\',~ ' '(',' , v'$ ,", ,_ . ','" -. EMr-'\\ - , ,,' - '- '.....' '1'''' \ I :' to, -< \ ___ _ - ~c If r Hi.: _, \-' ( i t t, 1.\; ,':::' '\" -filA S ,: '~r '~i'/ ~.' AfJESrr: r 4 i r/:...~ ' " , -<\'\, ,.' I r ,) C \ \ ~X'~ CITY CLER I SHERRYL L. CUTTER 5