Chapter 9.40 — SIGNS EXPLOITING SEX

Sections:

• 9.40.010 Visual depictions of sexual areas prohibited.
• 9.40.020 Use of certain words prohibited.
• 9.40.030 Prohibited signs declared nuisance.
• 9.40.040 Abatement of signs.
• 9.40.050 Abatement notices.
• 9.40.060 Violations deemed misdemeanors.
• 9.40.070 Appeal.
• 9.40.080 Stay of abatement on appeals.
• 9.40.090 Penalty for violations.

No sign or signs as defined in this chapter, to include any temporary sign, which in whole or in part depicts the human form in such a manner that the areas of the buttocks, the genitals, the pubic area, or any portion of the female breast below the top half of the nipple are depicted as not covered with opaque clothing shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises, the purpose of which sign is intended to attract, lure, or entice customers. (Ord. 73-4-699 § 2 (part): prior code § 15.05.010)

No sign or signs as defined in this chapter, to include any temporary signs, which in whole or part advertise any topless, bottomless, or nude entertainment and which use the words "nude," "topless," "bottomless," "naked" or words of like import, except that the words "adult entertainment" or "adult shows" will be permissible, shall be maintained, erected, or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings or premises, the purpose of which sign is intended to attract, lure, or entice customers. (Ord. 73-4-699 § 2 (part): prior code § 15.05.020)

Any sign which is in violation of Sections 9.40.010 or 9.40.020 is declared a public nuisance. (Ord. 73-4-699 § 2 (part): prior code § 15.05.030)

A. Any temporary sign or signs in violation of this chapter shall be abated within twenty-four hours after notice has been given in writing to abate the sign or signs. Any sign which involves letters placed on a marquee is considered a temporary sign for purposes of this chapter. B. Any sign or signs in violation of this chapter which can be covered or painted over in such a manner so that the sign will comply with this chapter and which do not require removal or mechanical or electrical alterations of the whole or part of the sign shall be covered or painted over within seven days after written notice has been given in writing to abate the sign or signs. C. Signs in violation of this chapter which require mechanical or electrical alteration of all or part of the sign or require the removal of part or all of the sign in order to comply with this chapter shall be altered or removed within thirty days after service of written notice to abate the sign or signs. (Ord. 73-4-699 § 2 (part): prior code § 15.05.040)

A. The administrative officer or his designee is authorized to prepare and deliver notice to abate any sign or signs in violation of this chapter. B. Notice is deemed served for the purposes of this chapter if delivered to any person who is an owner or lessee of the premises on which the sign or signs are located or to any officer of any corporation or any partner of a partnership which is operating a business on the premises on which the sign or signs are located which violate this chapter and which is responsible for the sign or signs in violation of this chapter. (Ord. 73-4-699 § 2 (part): prior code § 15.04.050)

Every person who maintains, permits, or allows a public nuisance, as defined in this chapter, to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who maintains, permits, or allows a public nuisance, as defined in this chapter, to exist thereon after notice in writing as specified in this chapter to remove, discontinue, or abate the same has been served upon such person is guilty of a misdemeanor, and the existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense. (Ord. 73-4-699 § 2 (part): prior code § 15.05.060)

A. Any person ordered to abate any sign pursuant to this chapter may file an appeal with the sign review committee. Such an appeal must be filed with the city clerk within twenty-four hours after written notice to abate a sign has been served except that if notice is served on a Friday, on a weekend, or a holiday, such notice of appeal shall be filed with the city clerk the next working day. B. The sign review committee will hear the appeal within seventy-two hours after the appeal is filed with the city clerk unless a holiday or weekend intervenes, in which case the period of time for the sign review committee to hear the appeal is extended for the period of the weekend or holiday. Any notice of appeal of a notice to abate a sign will set forth the name of the person to be notified of the time and place the appeal shall be heard and where that person may be contacted. C. Any person aggrieved by the action of the sign review committee may file an appeal with the city council. Notice of appeal to the city council shall be filed with the city clerk within seventy-two hours after the sign review committee has announced its decision. D. Any appeal of a decision by the sign review committee to the city council will be heard by the council within two weeks of the date of the filing of the appeal. (Ord. 73-4-699 § 2 (part): prior code § 15.05.070)

A. Temporary signs in violation of this chapter shall be abated as required in this chapter and will not be permitted to remain even if an appeal has been filed. If the sign review committee finds that any temporary sign which has been ordered abated is in compliance with this chapter, such sign may be displayed after the decision of the sign review committee, even

though an appeal of the decision of the sign review committee has been filed with the city council. B. Any sign or signs, other than temporary signs, will be permitted to remain while an appeal of the notice to abate is being processed by either the sign review committee or the city council. On denial of an appeal by the sign review committee, the sign or signs that were the subject to the appeal must be abated within the time periods prescribed in Section 9.40.040 unless an appeal is filed with the city council, in which case the sign or signs must be abated within the time periods prescribed in Section 9.40.040 if the appeal is denied by the city council. (Ord. 73-4-699 § 2 (part): prior code § 15.05.080)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars or by six moths in the county jail, or by both such fine and imprisonment, in the discretion of the court. (Ord. 73-4-699 § 2 (part): prior code § 15.05.090)