Chapter 5.22
LIGHTING, NOISE AND DISPLAY OF STOCK

Sections:

5.22.010    Flashing or moving lights prohibited when.

5.22.020    Noise-producing devices restricted.

5.22.030    Storage and display of stock in trade.

5.22.040    Violations – Penalties.

5.22.010 Flashing or moving lights prohibited when.

The use of flashing or moving lights on the exterior premises, or within three feet of the interior of any window which can be seen from the outdoors, is prohibited. [Ord. 1421 § 1 (Att. C), 2012; Ord. 902 § 1, 1992.]

5.22.020 Noise-producing devices restricted.

The installation or display of noise-producing devices, including but not limited to stock in trade, which are intended to attract attention to a given business or item for sale, is prohibited. This provision shall not apply to music speakers; provided, that the volume shall be low enough to not be distracting to adjacent businesses. [Ord. 1421 § 1 (Att. C), 2012; Ord. 902 § 2, 1992.]

5.22.030 Storage and display of stock in trade.

A. When located within the central commercial zoning district, storage and display of stock in trade shall be restricted to the interior of buildings and structures but may be exhibited in display windows, enclosed display cabinets, or affixed on the business door when such door is fully and completely opened and securely latched to the building; provided, that the stock in trade does not block required egress, project more than one foot from the door, or project beyond the door edge. Storage and display of stock in trade within display enclosure or cabinet shall be limited to a total maximum display area of six square feet per business and/or a total maximum display area of 12 square feet per building, limited to a maximum of six feet in height. The display/cabinet shall be compliant with the Old World Bavarian Alpine theme, and shall not include the storage of bulky items such as firewood, Christmas trees, seasonal produce or the display of items uniquely suited for outdoor display as determined by the city. Permitted outdoor displays shall under no circumstances be allowed to obstruct building entry ways or public travel ways. At no time shall stock in trade be placed in public rights-of-way.

B. When located within the general and tourist commercial zoning districts, storage of bulky items such as firewood, Christmas trees, seasonal produce or the display of items uniquely suited for outdoor display shall be allowed; provided, that such shall be located entirely on the subject property (not off site), accessory to the existing use, not obstructing building entry ways or public travel ways, and at no time shall stock in trade be placed in public rights-of-way. [Ord. 1421 § 1 (Att. C), 2012; Ord. 902 § 3, 1992.]

5.22.040 Violations – Penalties.

The violation of or failure to comply with any of the provisions of this chapter is unlawful.

A. Injunction and Abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the municipal court, or the courts of this state, against any person who violates or fails to comply with any provision of this chapter, to prevent, enjoin, abate or terminate violations of this chapter.

B. Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to a maximum civil penalty of $250.00 per day for each day or portion thereof that the violation continues.

C. Attorney Fees. In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action shall pay, in addition to the city’s costs, a reasonable attorney fee at trial and in any appeal incurred by the city.

D. Remedies Cumulative. The remedies provided in this section are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled at law. [Ord. 1421 § 1 (Att. C), 2012; Ord. 902 § 4, 1992.]