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Home My WebLink AboutO-91-01ORDINANCE NO. 0-91-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REGARDING POLITICAL SIGNS; AMENDING SECTION 20A-15.3 TO PROVIDE FOR NEW AND ADDITIONAL DEFINITIONS; AMENDING SECTION 20A-15.6B TO PROHIBIT THE PLACEMENT OF POLITICAL SIGNS ON PUBLIC PROPERTY AND TO REGULATE THE PLACEMENT AND REMOVAL OF POLITICAL SIGNS ON PRIVATELY OWNED PROPERTY IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF SEBASTIAN; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, best interest placement of the City Council has determined that it is in the of its residents and the public to prohibit the political signs on all publicly owned property, including streets, rights-of-way, easements and everything affixed thereto and thereover, in order to protect the motoring public from distraction and items blocking their vision, to avoid sight pollution, to avoid litter and to provide better aesthetic quality in the City of Sebastian; and WHEREAS, the City Council has determined that the regulation of political signs in residential districts and non-residential districts should be imposed to reduce pollution and to improve the aesthetics of for the welfare of the public; and litter, reduce sight the City of Sebastian WHEREAS, the City Council had directed the City Staff and the City Attorney to review the regulation of political signs and surrounding communities in order to prepare regulations which would accomplish the goals of the City Council of the City of Sebastian to protect the welfare of the public while considering regulations of other communities in the area. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. Section 20A-15.3 of the Sebastian Land Development Code is hereby amended in part to read as follows: Section 20A-15.3: "Political sign.~ Any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but does not include any billboard owned or maintained by a commercial firm or advertising company. Public Property. Ail publicly owned property, including streets, rights-of-way, easements, and everything affixed thereto and thereover." Section 2. Section 20A-15.6B of the Sebastian Land Development Code is hereby amended in its entirety to read as follows: Section 20A-15.6B: "B. 1. Political Signs. Political signs shall not be posted on or over any public property, as defined in Section 20A-15.3. Political Signs in Residential Districts. POlitical signs in residential districts are allowed subject to the following provisions: (a) No sign shall exceed sixteen (16) square feet; (b) No sign shall be illuminated; (c) Each sign shall be free standing; 2 (d) Each sign shall be located wholly on private property, placed there only with the consent of the property owner; (e) Each sign shall be placed at least five (5) feet from all rights of way and sidewalks; (f) No sign shall exceed five (5) feet in height; (g) No sign shall be placed on or attached to any tree or utility post. Political Signs in Nonresidential Districts. Political signs in nonresidential districts are allowed subject to the following provisions: (a) No sign shall exceed twenty (20) square feet; (b) No sign shall be illuminated; (c) Each sign shall be freestanding; (d) Each sign shall be located wholly on private property, placed there only with the consent of the property owner; (e) Each sign shall be placed at least five (5) feet from all rights of way and sidewalks; (f) No sign shall exceed ten (10) feet in height; (g) No sign shall be placed on or attached to any tree or utility post. Posting Time Limits. It shall be unlawful for any person to post a political sign more than thirty (30) days prior to the election in which the candidate's name or the issue will appear, and it shall be unlawful to fail to remove a political sign within five (5) days after the election in which the candidate is eliminated or elected or the issue is approved or disapproved. 3 Removal Bond. Prior to the placement of a political sign or signs, a bond or cash payment of 825.00 shall be posted with the City. The security may be forfeited in whole or in part for any of the following: (a) Failure to remove all signs within the applicable five (5) day period for removal; (b) Placement of signs upon public property or upon any tree, utility pole, or similar object; (c) Placement of signs upon private property without the express consent of the property owner; (d) Authorizing placement of a sign or allowing a sign to remain in violation of this section for more than two (2) days after notification of the violation by the building official or his designee. Prima Facie Evidence. Political signs placed in violation of this section which advertise a particular candidate or ballot measure shall be prima facie evidence of the placement or authorization of the placement of the sign by the candidate or the president of the committee supporting or opposing the ballot measure, as applicable. Removal of Illegal Signs. The building official shall order the immediate removal of any political sign found posted within the City in violation of this section. If the sign is not removed within two (2) days, the building official or his authorized agents shall remove the political sign. Reimbursement for Removal Expense. The candidate or the president of the committee supporting or opposing the ballot measure, as applicable, shall reimburse the City for any and all expenses of removal incurred by the City over and above any bond or cash deposit coverage. 4 9. Violations. Any violation of the provisions of this paragraph shall be subject to punishment by a fine not to exceed Five Hundred and 00/100 Dollars ($500.00), or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment." Section 3. CONFLICT. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance insofar as they conflict are hereby repealed. Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Indian River County, Florida, and it is hereby provided that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be changed to "Section", "Article" or other appropriate designations. Section 5. SEVERABiLITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman ~~~ . The motion was seconded by Councilman ~~ , and, upon being put into a vote, the vote was as follows: Mayor W.E. Conyers Vice-Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor %hereupon declared this Ordinance duly passed and adopted this ~~ day of ~.~~, , 1991. CITY OF SEBASTIAN, FLORIDA ~ E-~ Conye~, Mayor ATTEST: KathrynCM. 0'Halloran, CMC/AAE City Clerk (SEAL) I HEREBY CERTIFY that notice of public hearing on this Ordinance was published in the Vero Beach Press Journal as required by State Statute, that one public hearin~ was held on this Ordinance at 7:00 p.m. on the ~3 day of ~~.~, 1991, and that following said public hearing on this ~dinance ~was passed by the City Council. Kathryn M/~ O'Hallor~n; CMC/AAE City Clerk Approved~~oForm and Content: Charles Ian Nash, City Attorney