HomeMy Public PortalAboutORD11288 BILL NO. 89-53 AMENDED
SPONSORED BY COUNCILMAN FELDMAN, MASON
ORDINANCE NO. Fir
o AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REPEALING
ORDINANCE 8396 REGULATING THE CONSTRUCTION, INSTALLATION AND
MAINTENANCE OF OUTDOOR ADVERTISING WITHIN THE CITY OF JEFFERSON,
REPEALING ORDINANCE 10719 PERMITTING SIDEWALK SIGNS IN SPECIFIED
CIRCUMSTANCES, AND REPEALING CHAPTER 3, AQVERTISING AND SIGNS, OF
THE CODE OF THE. CITY OF JEFFERSON, MISSOURI, AND ENACTING A NEW
CHAPTER 3 IN LIEU THEREOF, TO BE PART OF THE CODE OF THE CITY OF
JEFFERSON.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. Ordinance 8396, Ordinance 10719 and Chapter 3
Advertising and Signs, of the Code of the City of Jefferson,
Missouri, are hereby repealed in their entirety and a new Chapter
3 Advertising and Signs, is enacted in lieu thereof, which shall
read as follows:
Sea. 3-1. Intent.
Am
The intent of this chapter is to protect the public interest
and safety, to enhance and preserve natural features and aesthetics
within the city and to promote high standards in appearance and
effective communication by necessary outdoor advertising while
preserving residential areas, open views and vistas by effective
regulation.
Sec. 3-2. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Advertising devices: Banners or streamers affixed to poles,
wires or ropes; wind operated devices; flashing lights and other
similar contrivances.
Back-to-back sign: An advertising structure with two closely
located signs with faces in opposing directions, spaced less than
ten feet apart at the point of shortest measurement.
Billboard: An off-premise sign which advertises a product or
service and/or has a maximum size of more than thirty-two square
feet per sign face.
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® Building Official: The Director of the Department of Planning
and Code Enforcement of Jefferson City and/or his duly authorized
representative.
City: Means the City of Jefferson, Missouri.
City Council: Means the City Council of the City of
Jefferson, Missouri.
Erect: Means to construct, build, raise, assemble, place,
affix, attach, create, paint, draw or in any other way bring into
being or establish.
,Face: That area of a sign containing the advertising
information, painting, drawing or message intended or used to
advise or inform, but excluding structural supports.
Flashing signs: Any sign, the illumination of which is not
constant in intensity when in use. Illuminated signs approved by
the Board of Adjustment which indicate the date, time, temperature,
or other public service information shall not be considered
flashing signs.
Ground sign. detached: A permanent business sign which meets
the following specifications: (1) the bottom of the sign shall be
no more than three feet from the ground; (2) the face of the sign
® shall be rectangular with the sign width to exceed the height; (3)
the maximum height of the sign shall not exceed seven feet and the
maximum area of the sign face shall not exceed thirty-two square
feet per face; and (4) illuminated ground signs adjacent to or
across from residential properties shall not cast more than five
foot-candles at the edge of their property line. Heights shall be
measured from the ground level beneath the midpoint of the base of
the sign. For spacing purposes, a detached ground sign shall be
considered to be a post sign.
Marquee sign: Any sign affixed to a marquee over the entrance
or on the face of a building and supported from the building.
Moving sign: Any sign which moves, appears to move, or has
moving parts. Signs approved by the Board of Adjustment which
indicate the date, time, temperature, or other public service
information shall not be considered moving signs.
Non-conforming sign or non-conforming outdoor, advertising:
Means a sign which was lawfully erected but which does not conform
to the requirements of city codes, ordinances or regulations
enacted at a later date or which later fails to comply with city
codes, ordinances or regulations due to changed conditions.
Off-premise directional sign: A sign containing directional
information about the location of places of commerce and industry;
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hospitals; historic, cultural, religious and educational buildings
and sites; and public buildings and places.
Off-gremise sign: A directional sign devoid of advertising
which directs the attention of the public to a business or activity
conducted at a location which is not on the same premises where
such directional sign is located.
On-premise sign: Any display, device, figure, plaque, poster,
or other outdoor advertising maintained or used to advertise or to
inform or to direct the attention of the public to a business or
activity conducted upon the premises upon which such sign is
located, or to a product or service sold or rendered thereon.
Outdoor advertising: An outdoor sign, display, device,
figure, paintinq, -drawing. message, plaque, poster, billboard. or
other thing designed, intended or used to advertise or inform, any
part of the advertising or information contents of which is visible
from any point of any public right-of-way.
Planning-and Zoning Commission: Means the Planning and Zoning
Commission of the City of Jefferson, Missouri. .
Post sign: Any sign which is not attached to a building but
is supported by braces, pole(s) , post(s) , or by any means other
than by attachment to a building improvement.
ANk
Premises: A lot together with all buildings and structures
thereon.
Exojecting, sign: Any sign which is firmly attached to a
building and extends outward therefrom twelve inches or more.
Roof sign: Any sign erected, constructed, or maintained upon
or extending above the roof of any building.
Sign area: The entire area of the actual message or copy
area. It shall include decorative trim or embellishments but shall
not include structural elements outside the limits of such display
surface and not forming an integral part of the display. For back-
. to-back type signs, only one face shall be counted. On all other
signs, all faces shall be counted in computing the sign area.
Street or highway frontage: The distance along one side of
any public street or highway measured along the right-of-way line.
Wall sign: Any sign which is firmly attached to a wall of any
building and which does not extend beyond the building more than
twelve inches.
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® See. 3-3. off-premise signs.
(a) No off-premise sign ;shall be eiscted until a Conditional
Use Permit shall have been granted by the Board of Adjustment in
accordance with Sec. 3-12 of this chapter..
(b) The area of off-premise signs shall be counted as a part
of the total allowable sign area of the premises on which it is
located.
Sec. 3-4. On-premise signs.
(a) In the commercial and industrial districts there may be
erected or constructed after the effective date of this chapter
wall signs, projecting signs, pole signs, post signs, and marquee
signs located on the premises of any business. The sign area of
all signs shall not exceed two and one-half square feet of sign
area for each one foot of frontage on any street or highway
adjacent to the premises up to one hundred feet and one-half square
foot of sign area for each one foot of frontage over one hundred
feet, except in the C-3 Central Commercial Zoning District the sign
area of all signs shall not exceed one and one-half square feet of
sign area for each one foot of frontage. Frontage on public alleys
and municipal parking lots shall be included in the maximum sign
area calculations only when the business establishment has its only
public entrance onto the alley or lot.
® (1) The square footage of on-premise directional signs
which contain no symbolic or textual advertisement shall be
excluded from the maximum allowable sign area.
(2) Advertising signs painted on or attached to the
inside or outside of windows shall be included in the maximum
allowable sign area.
(b) Awning signs. Advertising signs, symbols or emblems may
be placed on any part of an awning which has been constructed in
accordance with the Jefferson City Building Code. Only the image
or message area on the awning shall be included in the maximum
allowable sign area. If an awning, when extended, obliterates the
view of a wall sign, the area of the obliterated wall sign need not
be included in the maximum allowable sign area.
(c) No post sign shall be erected or constructed, after the
effective date of this chapter, if after the erection or
construction of such sign there will be more than one post sign for
each one hundred feet of frontage along any street or highway
adjacent to the premises provided however, every premises shall be
entitled to at least one post sign. No post sign shall exceed
thirty-two feet in height as measured from the ground at the base
of the sign or from the grade level of the adjacent street or
• highway centerline, whichever is higher.
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(d) Any sign, display of which is required by law or which is
erected by a governmental agency, is permitted in residential
areas. Such signs shall not be included in the determination of
sign area under the provisions of this section. Any sign erected
by a public, educational, religious, or charitable institution is
permitted in residential areas; however, the total area of such
signs shall not exceed one square foot of sign area for each ten
feet of frontage.
(e) Conditional Use signs. on-premise signs in residential
districts may be permitted by the Board of Adjustment when the
Board grants a Conditional Use Permit for a commercial or
industrial use.
(f) Signs in planned zoning districts. The location, size and
character of on-premise signs and off-premise directional signs in
the PUD, C-4, and M-3 Planned District shall .be established by the
Planning and Zoning Commission and the City Council in the Site
Plan review and approval process.
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(g) Projecting signs may be erected on any building, however,
such signs shall not extend more than one foot into any public
right-of-way and must be at least nine feet above the surface
adjacent to the building. Projecting signs may extend not more
than six and one-half feet into any front, side or rear yard.
Aft
Bea. 3-5. Certain signs Prohibited.
(a) After the effective date of this chapter, there shall be
erected, constructed or exhibited none of the following:
(1) Billboards
(2) Off-premise signs unless approved by the Board of
Adjustment in accordance with Sec. 3-12 (b) (4) of
this chapter.
(3) Flashing signs
(4) " Advertising devices
(5) Paper posters applied directly to a wall, pole,
fence or building surface
(6) Signs painted directly on a wall, fence or building
surface
(7) Portable or temporary signs other than those
specifically permitted herein
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(8) Signs which imitate or appear to imitate any
official traffic sign or device or which appear to
regulate or direct the movement of traffic or which
interferes with the proper operation of any traffic
sign or signal.
(9) Signs placed on areas of public ownership including
street rights-of-way and public sidewalks except
that a projecting sign may extend no more than
twelve inches from a building over a public
sidewalk.
(10) Any sign on which the illuminating or lighting
device is so placed as to reflect or shine .directly
into the adjacent highways or streets in such a
manner as to hamper the vision of a motor vehicle
operator thereon.
(11) Moving signs
(12) Roof signs when the roof sign is not contained
within the silhouette of the building.
(13) Wall signs the uppermost part of which is more than
thirty-two feet above grade.
(14) Business, company, or any other non-governmental
flags displayed on roof-mounted flag poles.
Sea. 3-6. Temporary signs.
Temporary signs are allowed as follows:
(a) Temporary signs advertising the sale or lease of the
property on which such sign is located may be maintained provided
they are removed within thirty days after the sale or lease or the
consummation of the disposition sought. The maximum size of such
signs shall be as follows:
(1) In rural and residential districts such temporary signs
shall not exceed eight square feet.
(2) In commercial districts such temporary signs shall not
exceed sixty-four square feet.
(3) In manufacturing or industrial districts such signs shall
not exceed one hundred twenty-eight square feet.
(b) Temporary signs advertising the future use or development
of property on which such signs are located may be erected in
excess of the above maximums by approval of the Board of
Adjustment.
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(c) Temporary business signs on the site of parking lots or
service stations, either portable or temporarily attached to a
building, pole or other structure, provided that no business
establishment may have more than one such temporary sign exhibited
on its premises at any time and no such sign shall exceed twelve
square feet in size.
(d) Temporary political signs may be erected thirty days prior
to the election and shall be removed within seven days after the
election_ . The owner of the property on which political signs are
located shall be responsible for removal of the signs.
(1) In rural and residential zoning districts such temporary
political signs shall not exceed four square feet per
lot, premises or tract.
(2) In commercial, Planned Unit Development and industrial
zoning districts such temporary political signs shall not
exceed eight square feet per lot, premises or tract.
See. 3-7. Flags.
In any district there may be displayed any city, county,
state, national, United Nations, military or governmental flag and
organizational flags, and in commercial and industrial districts
not more than two other official business or organizational flags
may be displayed.
(a) In the C-3 Central Commercial District no flagpole shall
exceed a height of one hundred forty feet measured from the High
and Madison Street elevation. In all other districts no flagpole
shall exceed a height of seventy-five feet above ground level.
(b) Flag size shall be limited as follows:
FLAGPOLE HEIGHT MAXIMUM FLAG SIZE
30' 6' x 10'
40' 8 ' x 12 '
50' 10' x 15'
60' 15' x 25'
75' or higher 20' x 30'
(c) The area of a flag flown on a pole mounted on top of a
building in the C-3 District shall not exceed five percent of that
building's largest facade which fronts on the street, or the area
listed in subsection (b) , whichever is larger.
(d) The design and construction of flagpoles shall comply with
all applicable codes. No flagpole shall be erected or installed
• without first obtaining a building permit.
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(e) The United States flag and the Missouri state flag shall
be excluded from the maximum allowable sign area, however,
business, company, institutional and any other non-governmental
flags shall be included in the total allowable signage of a
premises.
Sea. 3-8. Lighting. .
All lighting within signs, located on signs, or directed to
signs shall not create more than an intensity of ten footcandles
of light into any residential property.
Sec. 3-9. Non-conforming Signs.
(a) If any non-conforming sign is completely destroyed or
damaged to the extent of seventy-five percent of the replacement
cost of the sign and its structure, it shall not be replaced.
(b) The message displayed on a non-conforming sign may be
changed and painted messages on a non-conforming sign may be
repainted.
(c) A non-illuminated, non-conforming sign shall not be
illuminated.
(d) A non-conforming sign may be changed or altered for the
expressed purpose of making it a conforming sign.
(e) In order to eliminate an unsafe condition(s) the Building
Official may order that- repairs and/or alternations be made to a
non-conforming sign. Such ordered repairs shall be the minimal
necessary to correct an unsafe situation(s) .
(f) The type of materials used in the construction of the
structural elements of a sign shall not be changed after the date
the sign becomes a non-conforming sign nor shall structural
alterations be made to a non-conforming sign except as may be
required by subsection (e) of this Section.
(g) Nothing contained in this section shall be construed so
as to permit the enlargement of a non-conforming sign.
Sea. 3-10. Permits.
After the effective date of this chapter, any person, firm or
corporation shall obtain a permit before erecting or constructing
any permanent sign. The Electrical Inspector shall inspect all
exterior and interior electrical signs that use 110 volts or more
for compliance with the Jefferson City Electrical Code. The
permits shall be obtained from the Department of Planning and Code
s
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AML Enforcement after the payment of the fee(s) established by the City
Council.
Sec. 3-11. Maintenance of signs.
(a) All signs . shall be constructed so as to be free from
hazards, and shall be strongly supported with braces, posts, or
cables. They shall be kept in good repair and all surfaces shall
be maintained in good appearance. All electrical signs shall
continuously conform to the Electrical Code.
(b) The Building Official shall inspect or cause to be
inspected every sign within the city. He shall require the removal
of any sign which he finds to have been erected or constructed in
violation of this chapter and shall require the removal or repair
of any sign which is:
1. Not securely affixed to a substantial structure
2. Not in good repair
3. Related to a business or product which is no longer in
operation or available
4. Unclean or faded to such an extent as to be unsightly
5. Creating a dangerous or unsafe condition for traffic or
pedestrians
See. 3-12. Board of Adjustment.
(a) The Board of Adjustment, hereinafter referred to as the
Board, is the Board established in Sec. . 32-80 of Chapter 32 of the
Jefferson City Code of Laws. Procedures for appeals, hearings, and
meetings of the Board shall be in accordance .with Chapter 32.
(b) Powers of the Board which are in addition to the powers
conveyed by Chapter 32 are:
(1) To interpret the provisions of this chapter in such a way
as to carry out the intent and purposes of these outdoor
advertising regulations.
(2) To hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or
determination made by the Building Official in the
enforcement of this chapter.
(3) To grant variances to the maximum size provisions for
temporary real estate signs and to the provisions of this
chapter where topography or existing building(s)
• interfere with usual visibility.
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a. Applicant's responsibilities. when requesting a
variance, it shall be the responsibility of the
applicant to show how the sign, property and/or
particular circumstance fully meets all of the
findings the Board is required to make.
b. Required findings, general. Before granting any
variance, the Board shall find all of the following:
The proposed variance, if granted, would:
1. Not eliminate an adequate supply of light or
air to adjacent property nor endanger the
safety of the public.
2 . Not be unduly injurious to the use and
enjoyment of adjacent property nor would it
substantially diminish property values in the
neighborhood.
3. Not permit obtrusive or incompatible signs to
injury the character of the neighborhood.
4. Not obstruct significant views and vistas.
5. Not obstruct vision where such obstruction
AML could create a traffic hazard.
6. Be in keeping with the general spirit and
intent of this chapter.
C. Variance to the provisions of Sec. 3-6 to allow
temporary signs advertising the future use or
development of property to be erected in excess of
the maximums specified in Sec. 3-6 (a) . No
specific findings are required.
d. Variance where topography or existing building(s)
interfere with usual visibility. In addition to the
general findings, the Board shall also find the
topography or existing buildings do, in fact,
interfere with usual visibility.
e. Extent of variance limited. A variance, if granted,
shall be limited to the minimum variance necessary
to resolve, in whole or in part, the particular
problem of the applicant.
f. Conditions. In granting a variance, the Board may
impose such conditions upon the sign and/or premises
receiving the variance as may be necessary to ensure
that the variance will:
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® 1. Not eliminate an adequate supply of light or
air to adjacent property nor endanger the
safety of the public.
2. Not be unduly injurious to the use and
enjoyment of adjacent property nor would it
substantially diminish property values in the
neighborhood.
3. Not permit obtrusive or incompatible signs to
injury the character of the neighborhood.
4. Not obstruct significant views and vistas.
5. Not obstruct vision where such obstruction
could create a traffic hazard.
6. Be in keeping with the general spirit and
intent of this chapter.
(4) To grant Conditional Use Permits for off-premise
directional signs, certain on-premise signs, and time and
temperature signs.
a. The Board shall find for all Conditional Use
Sign(s) ; or imposed conditions thereon to ensure,
that the Conditional Use Sign(s) will:
1. Not eliminate an adequate supply of light or
air to adjacent property nor endanger the
safety of the public.
2. Not be unduly injurious to the use and
enjoyment of adjacent property nor would it
substantially diminish property values in the
neighborhood.
3. Not permit obtrusive or incompatible signs to
injury the character of the neighborhood.
4. Not obstruct significant views and vistas.
5. Not obstruct vision where '-such obstruction
could create a traffic hazard.
6. Be in keeping with the general spirit and
intent of this chapter.
b. Off-premise directional signs.
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1. Before granting a Conditional Use Permit for
an off-premise directional sign, the Board
shall find, in addition to the general findings
listed in (a) above, the following specific
findings:
(a) The proposed sign will be located in a
district zoned C-2, General Commercial;
M-1, Light Industrial, or M-2, General
Industrial, and will be at or near the
collector or arterial street intersection
which is closest to the premises to be
identified by the off-premise directional
sign. Collector and arterial streets
shall be those streets so identified in
the City's most current Transportation
Plan.
(b) The proposed sign will be at least one
hundred feet from any residential
district.
(c) There is not an existing off-premise sign
within three hundred feet of frontage of
the proposed sign.
(d) The proposed sign is directional and does
not advertise product(s) or service(s) .
2. The maximum size and height of an off-premise
sign which may be authorized by the Board is:
(a) Thirty-two square feet per sign face, and
(b) Twelve feet as measured from the ground
at the base of the sign or from the grade
level of the adjacent street or highway
centerline, whichever is higher. The
owner of the sign may apply for a size
and/or height variance(s) under Sec. 3-
12 (b) (3) a. of this chapter.
3. In its deliberations, the Board shall give
consideration to the number and nature of
premises which may need, now or in the future,
directional, off-premise signs situated at the
applicant's requested location and may
accordingly reduce the size of the requested
off-premise Conditional Use sign.
C. Time and temperature signs. The Board may grant a
• Conditional Use Permit for a sign, illuminated or
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non-illuminated, which indicates the date, time or
temperature, or which displays other public service
information. Before granting a Conditional Use
Permit for such a sign, the Board shall find, in
addition to the general findings listed in (a)
above, the following specific findings:
1. The proposed sign will be located in a district
zoned for commercial or industrial uses.
2. The proposed sign meets the spacing .
requirements of this chapter.
3. The proposed public service message, if any,
is, in fact, public service information and not
advertising for a product or service.
d. Certain on-premise signs. On-premise signs in
residential districts may be permitted by the Board
when the Board grants a Conditional Use Permit for
a commercial or industrial use. On-premise signs
in multi-family residential districts may be
permitted by the Board when plans and specifications
are submitted and approved by the Board. Procedures
to be followed and the authority of the Board with
respect to such signs shall be as specified in Sec.
32-80 (h) (4) a.3. of the Jefferson City Code of
Laws.
Sec. 3-13. Enforcement, Violations and Penalty.
(a) Enforcement by the Building Official. In case any sign
or advertising device or structure is erected, constructed,
reconstructed, altered, converted, or maintained in violation of
this chapter or other regulations made under the authority
conferred hereby, the Building Official shall, institute proper
action or proceedings:
(1) Prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or
use;
(2) Restrain, correct or abate such violation; or,
(3) Prevent any such illegal act, conduct or use.
It shall be the duty of the Building Official to afford the
offending party notice of the specific complaint by United State
Certified Mail, giving said person ten days notice of his
violation(s) or anticipated violation(s) and order the correction
of the violation.
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AlMh (b) Appeal of Decisions of the Building Official. Where it
IV is alleged there is an error in any order, requirement, decision
or determination made by the Building Official, any aggrieved
person may appeal the order, requirement, decision or determination
to the Board of Adjustment in accordance with the provisions of
Sec. 32-80 of the Jefferson City Code of Laws.
(c) City's right to remove illegal sign, procedures to be
followed. If the Building Official shall find that any sign or
other advertising structure regulated herein is unsafe or insecure,
is a menace to the public, is abandoned or maintained in a
dilapidated condition, or has been constructed or erected or is
being maintained in violation of the provisions of this chapter,
he shall give written notice to the permittee or property owner
thereof. If the permittee or property owner fails to remove or
alter the sign or advertising structure so as to comply with the
standards herein set forth within a reasonable time specified in
such notice, such sign or other advertising structure may be
removed or altered to comply by the Building Official; any expense
incidental to such removal or alteration shall be charged to the
owner of the property upon which the sign is located and shall
constitute a lien upon the property.
The Building Official may cause any sign or other advertising
structure which is an immediate peril to persons or property to be
removed summarily without notice. Such signs or other advertising
structures are hereby declared to be a public nuisance. When any
sign is removed summarily without notice, the owner or lessee
thereof shall have the right to a post-seizure administrative
hearing to determine whether there was probable cause to remove the
sign.
(d) Penalties. The owner or general agent of a building or
premises where a violation of any provision of this chapter has
been committed or shall exist, or the owner, general agent,
lessee or tenant of any part of the building or premises in which
such violation has been committed or shall exist, or general
agent, architect, builder, contractor or any other person who
commits, takes part, or assists in such violation or who
maintains any building or premises in which any such violation
shall exist, shall be deemed guilty of a misdemeanor, punishable
by a fine of not "less than Ten Dollars ($10.00) and not more than
One Hundred Dollars ($100.00) for each and every day that said
violation continues after due notice as provided herein, but if
the offense be willful, on conviction thereof, the punishment
shall be a fine of not less than One Hundred Dollars ($100.00)
nor more than Two Hundred Fifty Dollars ($250.00) for each and
every day that such violation shall continue. Any person who,
having been served with an order to remove any such violation,
shall fail to comply with said order within ten days after such
service or shall continue to violate any provision of the
Sregulations made under authority of this chapter in the respect
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® named in such order, shall also be subject to a civil penalty of
Two Hundred Fifty Dollars ($250.00) .
(e) Nothing contained herein shall prevent the city from
taking such other lawful actions as may be necessary to prevent
or remedy any violation.
Section Z. This ordinance shall be in force and effect from
and after its passage and approval.
Passed: _�f15d9 Approved:
Pre g Of er ayo
Attest:
City Clerk
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