Chapter 5.16
BILLBOARDS AND ADVERTISING
Sections:
5.16.040 License – Liability for fee collection.
5.16.050 License – Applicability.
5.16.060 License – Revocation.
5.16.080 Owner identification.
5.16.090 Painting and maintenance.
5.16.110 Indecent material prohibited.
5.16.120 Scattering prohibited.
5.16.010 License – Required.
No person, firm or corporation shall engage in the business or occupation of painting, posting, sticking, or in any manner exhibiting advertising matter of any name, nature or description upon billboards or billposting structures of any kind or character, within the corporate limits of the city, without first having obtained a license therefor as provided in this chapter. The license required under this chapter is separate from and in addition to the business license issued under Chapter 5.04 ZMC, which may also be required when applicable. (Ord. 1515 § 6, 2020; Ord. 88 § 1, 1923)
5.16.020 License – Fee.
The license fee for the license required to be procured pursuant to ZMC 5.16.010 shall be a sum equal to $5.00 for each panel in each and every billboard or billposting structure authorized to be used thereby. Any person, firm or corporation desiring to procure a license under the provisions of this chapter shall apply to the city clerk/treasurer, paying to him the license fee by this chapter required, and said city clerk/treasurer shall issue to such applicant a license for one year from the date of such application, which license shall state the number and location of billboards, panels, or other billposting structure authorized to be used thereby. (Ord. 120 § 1, 1931; Ord. 88 § 2, 1923)
5.16.030 License – Employees.
Nothing in this chapter shall prevent any person, firm or corporation, duly licensed as herein provided, from employing persons to assist to carry on the business and occupation so licensed, and such license shall protect and empower such employees to act in accordance with the terms and provisions of this chapter; but no license granted by virtue of this chapter shall be assigned without the payment of a fee of $5.00 to the city clerk/treasurer, and the consent of the city council. (Ord. 88 § 9, 1923)
5.16.040 License – Liability for fee collection.
Any person, firm or corporation, who shall carry on the business for which a license is required, according to the provisions of this chapter, without first securing such license, shall be liable to the city in a civil action for the amount of such license fee, together with the costs of collection of the same. (Ord. 88 § 10, 1923)
5.16.050 License – Applicability.
Nothing in this chapter contained shall be construed as requiring any person, firm or corporation to procure a license for the purpose of advertising his or its own business without procuring the license herein require; provided, however, that the billboards, panels, or billposting structures used therefor shall be erected and maintained in accordance with the requirements hereinabove specified; provided, further, that this chapter shall not apply to signs advertising any premises for sale of for rent. (Ord. 88 § 11, 1923)
5.16.060 License – Revocation.
The mayor of the city is given the right and authority to revoke the license of any person, firm or corporation convicted of the violation of any of the terms and provisions of this chapter, and upon such revocation the unearned portion of such license fee shall be forfeited to the city. (Ord. 88 § 13, 1923)
5.16.070 Construction.
Every billboard or posting structure shall be constructed and maintained in a solid and substantial manner so that there shall be no danger of its falling or blowing into any street or public place in said city, and shall be constructed of the materials and in the manner substantially as follows:
A. Facing. All facing shall be composed of galvanized sheet steel, number 26 gauge, unannealed, made into sections 11 feet high and should not be less than five feet wide with wooden strips nailed on back holding the sheets of each section together; strips on back to be one inch by four inches wide, surfaced on four sides. Facing, when attached, shall not be lower than two feet above the ground, and the space between the bottom of the facing and ground shall be open and unobstructed except for the posts sustaining the posting structure.
B. Posts. The posts to which the facing is to be attached shall be not less than four inches by six inches, or its equivalent, and shall be placed not less than three feet in the ground, and shall not be farther than eight feet apart and shall extend to the top of such structures.
C. Braces. All braces shall be not less than two inches by six inches in size and shall extend from the top of each of the posts to its corresponding anchor post, and which shall not be less than nine feet distant from said post, and shall be securely nailed at each end.
D. Anchors. There shall be not less than one brace and one anchor to each post. All anchors must be not less than six inches in diameter and shall be set not less than four feet into the ground and well tamped.
E. Stringers. There shall be not less than three stringers or rails, top, bottom, and center, which shall run the full length of the structure, and shall be securely nailed on the front of the posts, and shall not be less than two inches by four inches in size. All sections shall be securely nailed to all three stringers with spikes having large heads and of sufficient length to extend through the section and the entire thickness of the stringer. There must not be less than nine such spikes to each five-foot section.
F. Height. No billboard constructed in the city under the provisions of this chapter shall exceed total height of 13 feet. (Ord. 88 § 3, 1923)
5.16.080 Owner identification.
There shall be maintained at the top of every such billboard, panel, or billposting structure, in printed letters, the name of the person, firm or corporation owing or in charge thereof. (Ord. 88 § 4, 1923)
5.16.090 Painting and maintenance.
The molding and frames of all billboards, panels and billposting structures shall be painted at least once each year. (Ord. 88 § 5, 1923)
5.16.100 Nuisance removal.
Every billboard or posting structure within the corporate limits of the city not constructed or maintained as in this chapter provided shall be deemed a nuisance and condemned, and shall be removed by the police chief. (Ord. 88 § 6, 1923)
5.16.110 Indecent material prohibited.
No person, firm or corporation, acting under a license taken out under the provisions of this chapter, shall paint, post, stick, stamp, tack, or in any manner affix to or upon any such billboard or posting structure, any indecent or immoral matter of any name, kind or description. (Ord. 88 § 7, 1923)
5.16.120 Scattering prohibited.
It is unlawful for any person, firm or corporation to throw or scatter upon any public street or place, sidewalk or alley, or private property in the city, any advertising matter of any name, nature or description whatsoever. (Ord. 88 § 8, 1923)
5.16.130 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $5.00 nor more than $100.00, or by imprisonment in the city jail for not more than 30 days, or by both such fine and imprisonment. (Ord. 88 § 12, 1923)