San Fernando Municipal Code Div. 9 Signs

(a) It is the intent of the citizens of the city that this division emphasize the importance of business activity to the economic vitality of the city, help improve the ability of business owners and operators to identify their businesses to the community in order to enhance the furtherance of commerce, foster varied and interesting places of trade, and promote public safety by making business signing visible to the passing public.

(b) The city recognizes that different situations present different signing problems. Accordingly, the purpose of this division is to control signs in a manner which will maintain a high quality of development throughout the city.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) A sign permit shall be required prior to the placing, erecting, moving, reconstructing, altering or displaying of any sign within the city. Building and electrical permits shall also be obtained as required by the building and electrical code. Nothing in this subsection shall be interpreted to mean that any permit shall be required for maintaining and repairing existing signs which comply with this division.

(b) In no case shall a lighted sign or lighting device thereof be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, walkway or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

(c) It shall be the responsibility of the property owner to remove all signs from any business that has been vacant for 60 days. However, any sign may be continued past 60 days if the sign face area is removed and replaced with a blank sign face or covered completely with a material approved by the planning director. If after eight months the business remains vacant or a new business is occupying the building and not utilizing the sign, the sign shall be removed.

(d) All signs shall be maintained in good repair, including display surfaces which shall be kept neatly painted or pasted.

(e) Any sign which does not conform to this division shall be made to conform or shall be removed as provided in section 106-1035.

(f) Any sign which is not in compliance with this division shall be brought into compliance within 30 days of notice of the nature of the noncompliance to the owner or person in possession of the sign by the director. If the sign is not made to comply with this division within 30 days, it shall be removed. This 30-day period may be extended by the director for good cause shown by the owner thereof.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

A permit application for a sign otherwise in compliance with this division shall be approved by the planning director if the sign complies with the following criteria:

(1) A sign would serve primarily to identify the business, the establishment, or the type of activity conducted on the same premises, or the project, service or interest being offered for sale, lease or rent thereon, except as otherwise specifically provided.

(2) The design of signs should be consistent with professional graphic standards.

(3) Illumination of signs, where not specifically prohibited by this division, should be at the lowest possible level consistent with adequate identification and readability.

(4) Signs should be harmonious with the materials, color, texture, size, shape, height, placement and design of the building, property, shopping center and area.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) The sections of this division regulating signs shall not apply to the following signs except as otherwise indicated:

(1) Official notices issued by any court, public body, or public officer.

(2) Notices posted by any public officer in performance of a public duty, or for any person in giving legal notice.

(3) Traffic, directional, warning or informational signs required or authorized by the public authority having jurisdiction.

(4) Official signs used for emergency purposes only.

(5) Permanent memorial or historical signs, plaques or markers.

(6) Public utility signs, provided such signs do not exceed three square feet in sign face area.

(7) Signs, including painted signs, on private property prohibiting parking, blocking of driveways and trespassing and similar directional signs, subject to the approval of the director.

(8) Residential name and number plates identifying the residence address or its occupants, or both, not to exceed two square feet in area.

(9) Seasonal or special event signs and decorations displayed between 20 days prior to and 15 days after the event, provided that they are not located in the public right-of-way without city council approval and that seasonal or special event signs shall be limited to one wall sign or one window sign not exceeding 30 square feet in area.

(10) Non-commercial signs, not subject to any other subsection of this subsection (a), provided that temporary signs relating to a specific event are not displayed more than ten days after the event, and the total sign area for any one parcel does not exceed 64 square feet, and such signs shall not be located in the public right-of-way.

(11) One unlighted construction sign per job site, not exceeding six square feet in any residential zone, or in all other zones, one unlighted project sign not exceeding 32 square feet and one unlighted sign for each participating contractor not exceeding six square feet each. Project and contractor signs shall be removed prior to final inspection.

(12) In the C and M Zones, temporary advertising signs on windows not exceeding 40 percent of the total window area (with 60-percent visibility). Seasonal or special event decorations shall be calculated as part of the 40-percent window area coverage.

(13) Automobile service station price signs, not exceeding 12 square feet in sign area.

(14) Menu boards on the interior driveways of drive-through facilities, subject to the approval of the director.

(b) All restrictions expressed in section 106-417 are applicable to this section.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

The following advertising signs shall be prohibited in all zones:

(1) Frame or sandwich-board signs.

(2) Flashing or scintillating signs.

(3) Painted signs (see article VI, Definitions).

(4) Devices dispensing bubbles and free-floating particles of matter.

(5) Any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device calculated to attract the attention of the public which any person posts, prints, sticks, stamps, takes, or otherwise affixes or causes the same to be done to or upon any public street, walkway, crosswalk, other rights-of-way, curb, lamp post, hydrant, tree, telephone booth or pole, lighting system, or other public place except as may be required by ordinance or law. The provisions of this section shall not impact the city's ability to permit commercial sponsor signs to be posted on the city owned little league fields pursuant to regulations adopted by the city council.

(6) Devices projecting, or otherwise reproducing, the image of an advertising sign or message or any surface or object.

(7) Signs on vehicles. No person shall erect or maintain a sign which is attached to, suspended from, or supported in whole or in part by any vehicle, whether self-propelled or towed. A sign will be allowed if painted directly upon, or permanently affixed to, the body or integral part of the vehicle or permanent decoration, identification or display, if such vehicle is used regularly in the business to which the sign pertains, for purposes other than as an advertising device, and such sign shall conform to the limitations set forth in the state vehicle code, excluding only public carrier buses and trains.

(8) Outdoor advertising signs, except as provided for in [footnote (2) of table] 106-102.

(9) Subdivision directional signs.

(10) Roof signs.

(11) Home occupation signs.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Real estate advertising signs are permitted in residential, commercial and industrial zones, subject to the following:

(1) Residential zones.

a. In the R-1 Zone, one unlighted real estate advertising sign is permitted, not to exceed six square feet in area and six feet in height from ground level to top of sign, on a straight stake, containing information restricted to the sale, lease or rental of the premises on which the sign is located. A double-faced rider, not larger than six inches by 24 inches, containing advertising matter pertinent to the premises, is permitted to be placed under and over the real estate advertising sign.

b. In the R-2 and R-3 Zones, one nonilluminated or indirectly illuminated sale or lease sign for each street frontage of the total parcel involved is permitted, not exceeding a height of 12 feet if freestanding and not above the roofline if attached to a building; having an area not exceeding six square feet for each lot or for each 5,000 square feet in such total parcel, whichever ratio permits the larger area; and provided that no such sign shall exceed 64 square feet in area and any such sign exceeding 18 square feet in area shall be set back at least four feet from all street property lines.

c. Real estate advertising signs shall be removed from the premises within seven days after the close of escrow or cancellation of the sales or lease agreement.

d. Flags, streamers, pennants, lean-in and directional signs and similar displays are permitted between 9:00 a.m. and sunset. One additional sign denoting open house, not to exceed six square feet in area, is permitted between 9:00 a.m. and sunset, provided a representative of the real estate firm or the property owner is present at all times while such sign is displayed. Such sign is subject to all restrictions provided in this section.

e. All restrictions expressed in division 2 of article II of this chapter are applicable to this section.

(2) Commercial and industrial zones.

a. One unlighted sign structure is permitted per lot, except on parcels larger than five acres one such sign structure is permitted for each street frontage of the parcel.

b. A sign structure may have any number of sign faces, but the total sign area shall not exceed 50 square feet per sign structure in commercial zones and not more than 100 square feet per sign structure in industrial zones.

c. All portions of a sign structure shall be not less than five feet from the inside line of the sidewalk, or if there is no sidewalk, from the lot line, except, if the building setback is less than ten feet, the sign structure shall not be less than one-half of the setback from the inside line of the sidewalk or lot line.

d. A sign may be affixed to a building provided that the sign shall not extend above the roofline or parapet wall of the building.

e. Advertising copy shall pertain only to the premises upon which the sign is located.

f. Any such signs shall be removed within 15 days after the close of escrow or cancellation of the sales or lease agreement.

g. All restrictions expressed in divisions 3 of article II of this chapter are applicable to this section.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) In residential zones, for each multiple dwelling or rooming house, one unlighted sign not exceeding six square feet in area and four feet in any dimension may be placed on the wall of the building, provided it does not extend above or out from the front wall and indicates only the name and address of the premises.

(b) Identification signs for nonresidential uses, in residential zones including a bulletin board of a public, charitable or religious institution used to display announcements relative to meetings to be held on the premises, may be erected subject to the following:

(1) Not more than two sign structures shall be permitted on a lot, except the commission may approve additional signs if it finds there are more than two separate nonresidential uses on the same lot, the location of not more than two sign structures would constitute an unnecessary hardship on the property owner, and the additional signs would not be materially detrimental to the public health, safety and general welfare.

(2) The total sign area per lot shall not exceed an area in square feet equal to one-half of the linear feet of lot frontage on a public street not to exceed a maximum of 25 square feet.

(3) A freestanding sign in excess of four feet in height shall not be permitted.

(4) A sign may be affixed to a building provided that the sign shall not extend more than three feet above the roofline or parapet wall of the building.

(5) All restrictions and regulations expressed in sections 106-417 and 106-423 are applicable to this section.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Business signs are permitted in commercial and industrial zones, subject to the following:

(1) Total sign area per building frontage shall not exceed 20 percent of the area of the building elevation fronting on a public street, public alley, or parking lot (not to exceed 150 square feet of total sign area). This sign area standard applies to single tenant as well as multitenant buildings. Furthermore, advertising, other than the business name, is restricted to 25 percent of the total sign area. These limitations shall not apply to on-site business directory signs, provided that such on-site directory signs comply with the following:

a. The area devoted to advertising each individual business shall not exceed two square feet.

b. The area devoted to advertising the name of the complex or center shall not exceed 25 percent of the total directory sign area or 20 square feet, whichever is greater.

(2) Freestanding monument signs are permitted, subject to the following:

a. Height shall be a maximum of four feet.

b. The area shall be a maximum of 30 square feet (total area).

(3) Canopy signs are permitted, subject to the following:

a. The distance between ground elevation and the bottom of such sign shall not be less than ten feet.

b. Such sign shall be located at a 90-degree angle to the face of the building.

c. Such sign shall be centered between the face of the building and the outer edge of the awning or canopy.

d. Such sign shall not exceed two feet in height or two-thirds the length of the projection of the awning or canopy.

(3) A wall sign may not extend more than three feet above the roofline or parapet wall of the building.

(4) Electronic message center signs are permitted, subject to the following:

a. Such sign shall be at least 100 feet from a residential zone.

b. Such sign shall be at least 500 feet from any other electronic message center sign.

c. Such sign shall be affixed to a pole or building and subject to the freestanding sign limitations of this division.

d. No such sign shall be erected until written approval is obtained from the city traffic commission. Approval shall not be granted if the proposed sign would interfere with traffic signals, disrupt normal traffic flow or otherwise create a safety hazard.

(6) Signs which are affixed to a building and which project into an existing or future right-of-way may so project to a maximum distance as designated in the following table:

(7) The following signs are permitted subject to the granting of a conditional use permit:

a. Revolving signs;

b. Super graphic signs; and

c. A sign program meeting the intent of this chapter and the approval of the planning commission.

(8) All restrictions expressed in section 106-417 are applicable to this section.

(9) Window signs shall be governed as follows:

a. Permanent window sign copy may not occupy more than ten percent of the total area of the window or door where it is displayed. If the lettering or symbol in such a display is higher than three inches, it is counted against the total allowable signage on a building.

b. Permanent window sign and temporary advertising postal sign copy and/or painted window sign shall not exceed 40 percent of the total area of the window where they are displayed.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Prohibition. Streamers, banners, pennants, and similar displays are not permitted in residential zones except as provided in section 106-418.

(b) Commercial and industrial zones. No streamers, banners, pennants, whirling devices, flags and similar objects which wave, float, fly, rotate or move in the breeze shall be permitted except for a 21-day period not to exceed five times each year for promotional event and in connection with opening of a store or other permitted establishment. An opening includes a new facility, establishment under new management and opening following a closure due to accidental damage. A permit shall be issued by the city for each 21-day period per year but not to exceed 105 days. Display of banners and pennants for special events authorized by the city is exempt from the 21-day permit requirement provided the display is removed at the end of the special event. In lieu of the use of streamers, whirling devices, banners, pennants, flags, and similar displays, businesses engaged in the sale of automobiles may utilize a temporary canopy or tent type structure for the 21-day period. Height limits for all displays shall not exceed the height limit established for the zoning district.

(c) Restrictions. All restrictions expressed in section 106-417 are applicable to this section.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

In commercial zones, signs are permitted in required yards other than in existing or future street rights-of-way if in accordance with sections 106-417, 106-418, 106-420 and 106-421.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Automobile service station signs. Automobile service station signs shall be permitted a total sign area of two and one-half square feet per linear foot of lot frontage or 20 percent of the area of the building elevation fronting on a public street, public alley, or public parking lot, whichever is greater.

(b) Sale of automobiles, recreation vehicles, travel trailers, trucks and trailers. In addition to permanent signs permitted for such facilities, such as pole signs approved by the planning commission through a special sign permit, devices such as kite-shaped, round, oval and other temporary fabric or vinyl signs, called diamond or fan top pole displays or signs of similar materials, typical of car dealerships, may be utilized. Each property shall be limited to one such device for each functional on-site light pole. The signs shall be similar in design to sketches found in Exhibit "A", a copy of which is on file in the office of the city clerk.

The maximum size of such signs shall not exceed 48 square feet in area, with a minimum clearance from the public right-of-way of eight feet. No part of the signage shall extend above the connecting base of the light standard to the pole. Such signs shall not obstruct the sight distance of motorists entering or leaving an intersection or block out the permanent sign copy of any other business establishment situated along the same street frontage. The temporary signage shall be maintained in a clean, neat and untattered condition.

To display promotional banner-, streamer- and pennant-type signs, a conditional use application and an interior landscape plan for two percent of the lot area devoted to automotive sales shall be submitted within 90 days from the passage of the ordinance from which this chapter is derived to the planning department. The two percent interior landscaping plan shall be arranged to emphasize visual attractiveness as viewed by the public from surrounding streets and walkways. Included as part of the required two percent landscaping shall be a landscape strip not less than five feet in width running parallel to and along the street excluding space devoted to driveways and other access points. Such landscaped strip shall be maintained with an automatic irrigation system permanently and completely installed, which delivers water directly to all landscaped areas. Work on the proposed interior landscaping plan shall commence in 30 days and be completed in 60 days from the date of approval of the conditional use permit. Failure to comply with the aforementioned time frame shall result in the immediate removal of promotional banners, streamers and pennants.

(c) Hospital signs. Hospital signs shall be permitted provided that the signs are submitted to and approved by the planning commission. Off-site directional signs may be permitted by the commission.

(d) Exceptions and restrictions. All exceptions and restrictions expressed in sections 106-416 and 106-417 are applicable to this section.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) In all commercial and industrial zones, freestanding signs, other than monument signs, shall be reviewed by the planning commission and shall require a special sign permit. In order for the commission to approve such a sign, or approve with conditions, it shall require a finding that the sign is compatible with existing conditions in the neighborhood and is necessary for the conduct of the business the sign advertises.

(b) Sign size, height and location shall be subject to planning commission approval.

(c) Procedures for approval of an application for a freestanding sign are as follows:

(1) An applicant for a freestanding sign shall provide such information and plans as shall be required by the community development department. The department shall notify adjacent property owners within 300 feet on either side along the street frontage of the property that is the subject of the hearing not less than ten days prior to the planning commission public hearing on the application. The notice shall include the sign size, height and location.

(2) For this purpose, the last name and address of such owners as shown upon the latest assessment roll of the county assessor shall be used. Such notice shall state the nature of the request, the location of the property and the time and place of the scheduled hearing.

(3) The planning commission shall conduct the public hearing in accordance with section 106-834 of this chapter.

(4) After conducting the hearing, the commission shall approve, approve with conditions, or deny the application. Such decision shall be sent by certified mail to the applicant and adjacent property owners. The decision will be effective ten days after the decision.

(d) The planning commission's decision may be appealed to the city council by any affected party, in accordance with sections 106-817 through 106-822 of this chapter.

(e) The application fee and appeal fee for a special sign permit shall be set by resolution of the city council.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

Signs and sign support structures shall conform to the requirements specified in chapter 62 of the 1991 edition of the City of Los Angeles Uniform Building Code adopted by the city by reference.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

All structures in the city which face a public right-of-way shall display in a conspicuous and easily visible place a sign or plate not to exceed one square foot in area containing the numerals of the street address of the structure. In the residential zones, the numerals shall be no less than three inches in height; in the commercial and manufacturing zones, the numerals shall be no less than four inches in height.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Purpose and intent. The purpose of this section is to promote the welfare of minors by discouraging the commercial exploitation of potential underage alcohol consumers and by discouraging actions that promote the unlawful sale of alcoholic beverages to minors as well as the unlawful purchase or possession of alcoholic beverages by minors.

(b) Restrictions on alcohol advertising.

(1) Except as otherwise provided in this chapter, no person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of alcoholic beverages on any advertising display in a publicly visible location.

(2) No part of this section shall be construed to permit any advertising display that is otherwise restricted or prohibited by law. Nor shall it be construed to permit an otherwise restricted or prohibited advertising display because it is combined with a permitted public service message.

(3) No part of this section shall be construed to permit any advertising display otherwise restricted or prohibited by sections 106-413 et seq. of this Code.

(4) No part of this section shall be construed to regulate messages that do not propose a commercial transaction.

(5) No part of this section shall be construed to prohibit the display of public service messages designed to communicate the hazards of alcoholic beverages or to encourage minors to refrain from consuming or purchasing alcoholic beverages. However, this section shall not be construed to permit such a message when it is made in conjunction with the positive display of a recognized image, artwork, photograph, logo or graphic used for marketing or promotion of alcoholic beverages.

(c) Exceptions. This section does not apply to any advertising display:

(1) That is located in a nonresidential zone, provided it is more than 1,000 feet in any direction (measured in a straight line from parcel boundary to parcel boundary) from any area which minors frequent; or

(2) That is located adjacent to and the copy on which is visible from, an interstate highway; or

(3) That exists at the time of the introduction of the ordinance from which this chapter is derived, contains the name or slogan of a business that sells alcoholic beverages, and is on the premises of the business; or

(4) That is located on the premises of a commercial establishment if the advertising display provides notice that the establishment sells alcoholic beverages, as long as the display does not promote any brand of alcoholic beverage or otherwise constitute a promotion as defined by this section; or

(5) That is located inside the premises of an establishment that lawfully sells alcoholic beverages unless the advertising display is attached to, affixed to, leaning against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building; or

(6) That is located on a commercial vehicle used exclusively for transporting alcoholic beverages; or

(7) That is located on alcoholic beverage packaging; or

(8) That is worn as clothing by an individual; or

(9) That is erected in conjunction with a one-day alcoholic beverage sales license or temporary license issued by the California Department of Alcoholic Beverage Control provided the advertising display is located at the location licensed for alcoholic beverage sales.

(d) Nonconforming uses.

(1) On the effective date of the ordinance adopting this section, advertising displays that were in place at the time of the introduction of the ordinance from which this chapter is derived may remain in place for no more than 60 additional days, unless an extension of time is granted pursuant to this section.

(2) Owners of advertising displays in place on April 19, 1999 may, no later than the 60th day after the effective date of the ordinance, apply for an extension of time for compliance and provide written documentation to the Director of community development or his designee that demonstrates that the owner had a right or an obligation under a written lease or contract executed prior to April 19, 1999 to maintain an advertising display in violation of this section for a period extending beyond November 30, 1999. On timely receipt of sufficient documentation, the director of community development or his designee shall grant an extension of time to remove the advertising display for the period required or authorized by the lease or contract or for a period of one year, whichever is shorter. Renewal rights present in the lease or contract shall not affect the determination of the period required or authorized by the lease or contract.

(3) Owners of advertising displays in place on April 19, 1999 may, no later than November 30, 1999, apply for an extension of time for compliance and provide written documentation to the director of community development or his designee that demonstrates that timely compliance would cause unreasonable financial hardship and that granting the extension of time would not confer a special privilege on the owner. On timely receipt of sufficient documentation, the director of community development or his designee shall conduct a hearing pursuant to sections 106-832 et seq. of this Code and determine whether, and on what conditions, the extension of time ought to be granted.

(4) Whether or not an extension of time to remove a pre-existing advertising display is granted pursuant to subsection 106-427(e)(2), or (3) herein, advertising displays that are prohibited by this chapter shall not be legal nonconforming uses.

(e) Violation/penalties.

(1) Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation. After notification, it shall be a separate offense for each day such violation shall continue.

(2) In addition to the other remedies provided in this Code, any violation of this section may be enforced by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.

(3) An action for injunction may be brought in a court of competent jurisdiction by any aggrieved person, or any person or entity that will fairly and adequately represent the interests of the protected class.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)

(a) Purpose and intent. The purpose of this section is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco consumers and by discouraging actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors.

(b) Restrictions on tobacco advertising.

(1) Except as otherwise provided in this chapter, no person shall place or maintain, or cause or allow to be placed or maintained, any advertising or promotion of tobacco products on any advertising display in a publicly visible location.

(2) No part of this section shall be construed to permit any advertising display that is otherwise restricted or prohibited by law. Nor shall it be construed to permit an otherwise restricted or prohibited advertising display because it is combined with a permitted public service message.

(3) No part of this section shall be construed to permit any advertising display otherwise restricted or prohibited by sections 106-413 et seq. of this Code.

(4) No part of this section shall be construed to regulate messages that do not propose a commercial transaction.

(5) No part of this section shall be construed to prohibit the display of public service messages designed to communicate the hazards of tobacco products or to encourage minors to refrain from using or purchasing tobacco products. However, this section shall not be construed to permit such a message when it is made in conjunction with the positive display of a recognized image, artwork, photograph, logo or graphic used for marketing or promotion of tobacco products.

(c) Exceptions. This section does not apply to any advertising display:

(1) That is located in a nonresidential zone, provided it is more than 1,000 feet in any direction (measured in a straight line from parcel boundary to parcel boundary) from any area which minors frequent; or

(2) That it is located adjacent to and the copy on which is visible from, an interstate highway; or

(3) That exists at the time of the introduction of the ordinance from which this chapter is derived, contains the name or slogan of a business that sells tobacco products, and is on the premises of the business; or

(4) That is located on the premises of a commercial establishment if the advertising display provides notice that the establishment sells tobacco products, as long as the display does not promote any brand of tobacco product or otherwise constitute a promotion as defined by this section; or

(5) That is located inside the premises of an establishment that lawfully sells tobacco products unless the advertising display is attached to, affixed to, leaning against, or otherwise placed within three feet of any window or door in such a manner that it is visible from outside the building; or

(6) That is located on a commercial vehicle used exclusively for transporting tobacco products; or

(7) That is located on tobacco product packaging; or

(8) That is worn as clothing by an individual.

(d) Requirement of vendor-assisted sales. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, cigarette vending machine, or by any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops and cigar lounges. A self-service display is the open display of tobacco products which the public has access to without the intervention of a store employee, including, but not limited to, a rack, shelf, or counter-top display.

(e) Purchaser identification. The seller of any tobacco products shall require photographic identification if a purchaser reasonably appears to be under 27 years of age. In compliance with federal and state law, tobacco products shall not be sold to anyone under 18 years of age.

(f) Nonconforming uses.

(1) On the effective date of the ordinance adopting this section, advertising displays that were in place at the time of the introduction of the ordinance from which this chapter is derived may remain in place for no more than 60 additional days, unless an extension of time is granted pursuant to this section.

(2) Owners of advertising displays in place on April 19, 1999 may, no later than the sixtieth day after the effective date of the ordinance, apply for an extension of time for compliance and provide written documentation to the director of community development or his designee that demonstrates that the owner had a right or an obligation under a written lease or contract executed prior to April 19, 1999 to maintain an advertising display in violation of this section for a period extending beyond November 30, 1999. On timely receipt of sufficient documentation, the director of community development or his designee shall grant an extension of time to remove the advertising display for the period required or authorized by the lease or contract or for a period of one year, whichever is shorter. Renewal rights present in the lease or contract shall not affect the determination of the period required or authorized by the lease or contract.

(3) Owners of advertising displays in place on April 19, 1999 may, no later than November 30, 1999, apply for an extension of time for compliance and provide written documentation to the director of community development or his designee that demonstrates that timely compliance would cause unreasonable financial hardship and that granting the extension of time would not confer a special privilege on the owner. On timely receipt of sufficient documentation, the director of community development or his designee shall conduct a hearing pursuant to sections 106-832 et seq. of this Code and determine whether, and on what conditions, the extension of time ought to be granted.

(4) Whether or not an extension of time to remove a pre-existing advertising display is granted pursuant to subsection 106-428(g)(2), or (3) herein, advertising displays that are prohibited by this section shall not be legal nonconforming uses.

(g) Violation/penalties.

(1) Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation. After notification, it shall be a separate offense for each day such violation shall continue.

(2) In addition to the other remedies provided in this Code, any violation of this section may be enforced by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.

(3) An action for injunction may be brought in a court of competent jurisdiction by any aggrieved person, or any person or entity that will fairly and adequately represent the interests of the protected class.

(Ord. No. 1732, § 3(Exh. A), 5-5-2025)