Ordinance No. 82-70 f
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CITY OF TIGARD, OREGON
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ORDINANCE NO. 82--70
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AN ORDINANCE REPEALING TITLE 16, SIGN REGULATIONS OF THE TIGARD MUNICIPAL
CODE, ADOPTING THE 1982 SIGN CODE, PRESCRIBING REGULATIONS AND STANDARDS,
PROVIDING FOR ADMINISTRATION AND ENFORCEMENT, AND DECLARING AN EMERGENCY.
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The City of Tigard ordains as follows:
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SECTION 1. The City Council finds that after a number of meetings involving
representatives of the business community of Tigard and the sign industry, the
Sign Code Committee recommended tc: the Planning Commission of the City of
Tigard changes in Title 16, Sign Regulations of the Municipal Code of the City f
of Tigard, and that after considering the recommendations of that committee r
and deliberating upon those recommendations, the Planning Commission has
forwarded those recommendations to the City Council.
SECTION 2. The City Council finds that after proper legal notice a public
hearing was held by the Planning Commission on September 21, 1982, and at that
meeting all interested parties were afforded the opportunity to be heard and
to present and rebut evidence with respect to the proposed changes to Title 16.
SECTION 3. Having considered the recommendations of the Sign Code Committee
and the Planning Commission and having entertained testimony with regard to
those recommendations,the City Council has found that changes should be made
to Title 16, Sign Regulations, of the Municipal Code of the City of Tigard.
SECTION 4. Therefore, Title 16, Sign Regulations, Municipal Code of the City
o T gar , shall be adopted as in Appendix A.
SECTION 5. Repeal. Title 16, Sign Regulations of the Tigard Municipal Code
and Sections 18.40.070 and 18.36.050(5) of Title 18, Zoning Code are repealed.
SECTION 6. Severability. The sections of this ordinance are severable. The
nvali ity of a section shall not affect the validity of the remaining
sections.
SECTION 7. Inasmuch as this ordinance is necessary to protect the general
welfare of the people of the City of Tigard, this ordinance as exhibited in
Appendix A must be made without delay; therefore an emergency is hereby
declared to exist, and this ordinance shall become effective immediately upon
passage and approval by the City Council.
PASSED: By the City Council by /�ytry��t�ndus vote of all Council members
present after being read two times by number and title oni,y, this ^� -
day of �QI abev- 1982.
' 94Z-���
City Recor("�"v
r - Ci y of and
Signed: By the Mayor, this o� 5'. , day of 1982.
City o Tgar�
�Srt�en7` � �'oua,Ci
(file 0406A)
Appendix A
Title 16
SIGN REGULATIONS
Chapters:
16.04 Purpose, Title
16.08 Definitions
16.12 Permits
.2+ Nonconforming Signs
16.28 Removal Provisions
16.34 Hearing Procedures and Exceptions
16-36 Zone Regulations
16.40 Special Types of Signs
16.46 Temporary Signs
16.48 Administration
Chapter 16.04
PURPOSE, TITLE
Sections:
16.04.010 PURPOSE AND SCOPE.
16.04.020 SHORT TITLE.
16.04.010 PURPOSE AND SCOPE. The City Council finds that to protect
the health, safety, property and welfare of the public, to improve the
neat, clean, orderly and, attractive appearance of the community, to
improve the effectiveness of signs in identifying and advertising
businesses, to provide for safe construction, location, erection, and
maintenance of signs, and to prevent proliferation of signs and sign
clutter, and to minimize adverse visual safety factors to public highway
travelers, it is necessary to regulate the design, quality of materials,
construction, location, electrification, illumination and maintenance of
all signs visible from public property or from public rights-of-way.
This title shall not be construed to permit the erection or
maintenance of any sign at any place or in any manner unlawful under any
other ordinance or state or federal law.
16.04.020 SHORT TITLE. The ordinance codified in this title shall be
known as the "Sign 0rdinance" of the City of Tigard and may be so cited
and pleaded and shall be referred to herein as "this title."
Chapter 16.08
DEFINITIONS
Sections:
16.08.010 Generally
16.08.020 Area
16.08.030 "A"Board
16.08.040 Bench Sign
16.08.050 Billboard
16.08.060 Business
16.08.065 Building Official
16.08.070 Business of outdoor advertising
16.08.080 Construct
16.08.090 Cutout
16.08.095 Design Review
16.08.100 Display surface
16.08.105 Electronic Information Sign
16.08.110 Electrical sign
16.08.120 Externally illuminated sign
16.08.130 Face of a building
16.08.140 Free-standing sign
16.08.15^v Freeway-oriented sign
16.08.160 Flashing sign
16.08.170 Frontage
16.08.180 Ideological sign
16.08.190 Incidental sign
16.08.200 Incombustible material
16.08.210 Industrial park
16.08.220 Internally illuminated sign
16.08.230 Maintain
} 16.08.240 Nameplate
16.08.250 Nonstructural trim
16.08.260 Off-premises sign
16.08.270 Outdoor advertising or billboard sign
16.08.280 Person
16.08.290 Plastic material
16.08.300 Premises
16.08.310 Projecting sign
r 16.08.320 Projection
16.08.330 Reader board sign
16.08.340 Roof sign
16.08.350 Rotating or revolving sign
16.08.360 Sign
16.08.370 Sign structure
16.08.380 Temporary sign
16.08.390 Uniform Building Code
16.08.400 Wall sign
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16.08.010 Generally. For the purpose of this title, words used in
the present tense include the future, the singular number includes the
f plural, "shall" is mandatory and not directory and "building" includes
"structures" except "sign structures."
As used in this title, unless the context requires otherwise, the
following words and phrases shall have the meanings set forth in this
chapter.
16.08.020 Area. "Area" or "area of a sign" means the entire area
within any type of perimeter which encloses the outer limits of any
writing, representation, emblem, figure or character. The area of a sign
having no such perimeter or border shall be computed by enclosing the
entire surface area within a parallelogram or triangle, then computing
the area thereof. The area of all signs in existence at the date of
adoption of this title, whether conforming or nonconforming, shall be
counted in establishing the permitted sign area of all new signs to be
allowed for an individual business on a premises. Where a sign is of a
three-dimensional or round or irregular solid shape, the largest
cross-section shall be used in a flat projection for the purpose of
determining sign area.
16.08.030 "A Board. "A Board" refers to any double faced temporary
sign ;which does not exceed twenty square feet per side.
16.08.040 Bench sign. "Bench sign" includes a bench designed to seat
people which carries a written or graphic message.
16.08.050 Billboard. For "billboard" see "outdoor advertising sign,".
16.08.060 Business. "Business" includes all of the activities
carried on by the same legal entity on the same premises and includes
eleemosynary, fraternal, religious, euuca..i.,..ml or social :,rb..^i..-__.,_-__
"Legal entity" includes, but is not limited to, individual
proprietorships, partnerships, corporations, non-profit corporations,
associations, or joint stock companies.
16.08.065 Building Official. Officer or designee of the City
empowered to enforce the Uniform Building Code.
16.08.070 Business of outdoor advertising. "Business of outdoor
advertising: includes the business of constructing, erecting, operating,
using, maintaining, or leasing outdoor advertising signs.
16.08.080 Construct. "Construct" includes every type of display in
the form of letters, figures, characters, representations.
16.08.090 Cutout. "Cutout" includes every type of display in the
form of letters, figures, characters, representations or others in cutout
or irregular form attached to or superimposed upon a sign or advertising
sign.
16.08.095 Design Review. "Design Review" means the process set forth
in the Tigard Municipal Code Chapter 18.59.
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16.08.100 Display surface. "Display surface" includes the area made
available by the sign structure for the purpose of displaying the
advertising or identification message.
16.08.105 Electronic Information Sign. "Electronic Information Sign"
includes signs, displays, devices, or portions thereof with lights that
may be changed at intermittant intervals by electronic process or remote }
control. Electronic information signs are not identified as rotating, t
revolving, or moving signs.
16.08.110 Electrical sign. "Electrical sign" includes any sign
containing electrical wiring.
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16.08.120 Externally illuminated sign. "Externally illuminated sign"
includes a sign il _uminated from an external light source.
16.08.130 Face of a building. "Face of a building" includes all
window and wall area of a building in one plane.
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16.08.140 Free-standing sign. "Free-standing sign" includes a sign
-standing frame, mast or pole and not
erected and mounted on a free
attached to any building. r
16.08.150 Freeway-oriented sign. "Freeway-oriented sign" includes a
sign primarily designed to be read by a motorist traveling on a highway
designated by the Oregon State Highway Department as a freeway or
expressway; specifically, these shall be Interstate 5, and Oregon State
Highway #217, and shall not include U.S. Highway 99W-
16.08.160 Flashing sign. "Flashing sign" includes any sign which is
illuminated by an intermittent or flashing light source or which is in
any other way animated so as to create the illusion of movement without
actual physical movement or tue illuoiot. of a flashing or intermittent
source. Flashing signs do not include electronic
light or light a
information signs.
16.08.170 Frontage. "Frontage" includes the length of the property
line of any one premises along a public roadway. ;
16.08.180 Ideological Sign. "Ideological sign" includes signs which
communicate a political, moral, or philosophical comment or religious
statement which does not promote any commercial interest or refer
specifically to a particular ballot measure to be voted on in the next
election.lecti190 Incidental sign. "Incidental sign" includes signs
advertising or identifying associated goods, products, services or
facilities available on the premises, including, but not limited to,
trading stamps, credit cards accepted or brand names. t
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16.08.200 Incombustible material. "Incombustible material" means any
material which will not ignite at, or below, a temperature of twelve
hundred degrees Fahrenheit during an exposure of five minutes and which
will not continue to burn or glow at that temperature when tested in
accordance with standards established in the Uniform Building Code.
16.08.210 Industrial park. "Industrial park" means a parcel of land
which complies with the lot requirements set forth in Section 18.52.080
of the Tigard Municipal Code.
16.08.220 Internally illuminated sign. "Internally illuminated sign"
includes signs with an internal source of illumination where the light
source is not visible from the exterior of the sign.
16.08.230 Maintain. "Maintain" includes to permit a sign, sign
structure or part thereof to continue or to repair or refurbish a sign,
sign structure or part thereof.
16.08.240 Nameplate. "Nameplate" includes signs identifying only the
name and occupation or profession of the occupant of the premises on
which the sign is located.
16.08.250 Nonstructural trim. "Nonstructural trim" includes the
moldings, battens, caps, nailing strips and latticing, letters and
walkways which are attached to a sign structure.
16.08.260 Off-premises sign. "Off-premises sign" includes any sign
including, but not limited to, a painted sign, temporary sign, permanent
sign or outdoor advertising sign, which sign advertises goods, products
¢' or services which are not sold, manufactured or distributed on or from
the premises or a sign which advertises a business or facilities not
located on the premises on which the sign is located.
16.08.270 Outdoor advertising or billboard sign. "Outdoor
advertising sign" includes a sign constructed, erected and maintained by
,:.. a person licensed to engage in the business of outdoor advertising and
which sign is an off-premises sign supported by a substantial permanent
sign structure with a display surface or display surfaces primarily
designed for the purpose of painting or posting advertising message
thereon at periodic intervals, and w are a thrninh not
exclusively, the use of the display surface is leased to other persons.
Sometimes referred to as "Billboards".
16.08.280 Person. "Person" means individuals, corporations,
associations, firms, partnerships and joint stock companies.
16.08.290 Plastic material. "Plastic material" includes those
materials made wholly or partially from standardized plastics listed and
described in the Uniform Building Code or approved plastics which have
been approved by the Underwriters Laboratory for use in construction of
electrical signs.
16.08.300 Premises. "Premises" includes a lot or two or more lots on
which are constructed or on which are to be constructed a building or a
group of buildings designed as a unit.
16.08.310 Projecting sign. "Projecting sign" includes signs other
than a wall sign which projects from a building.
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16.08.320 Projection. "Projection" means the distance by which a
projecting sign extends from a building.
16.08.330 Reader board sign. "Reader board sign" includes any sign
with changeable copy as message, except electronic information signs.
16.08.340 Roof sign. "Roof sign" means a sign erected upon or
directly above a roof or parapet of a building or structure.
16.08.350 Rotating, revolving or moving sign. "Rotating, revolving
or moving sign" means any sign, or portion of a sign, which moves in any
manner.
16.08.360 Sign. "Sign" includes an advertising sign, outdoor
advertising sign, on-premises sign, display, temporary sign, temporary
sign display, message, light (other than a device used primarily to
illuminate a building or a premises), emblem, device, figure or
mannequin, painting, drawing, placard, poster or other thing that is
designed, used or intended for advertising purposes, or to inform or to
attract the attention of the public, and includes, where applicable, the
sign structure, display surfaces and all other component parts of the
sign.
16.08.370 Sign structure. "Sign structure" includes any structure
which supports or is capable of supporting any sign as described in the
Uniform Building Code. A sign structure may be a single pole and may or
may not be an integral part of a building.
16.08.380 Temporary sign. "Temporary sign" includes any sign, "A"
board frame, banner, or advertising display which is not permanently
erected or permanently affixed to any sign structure, sign tower, or
building and which is not an electrical sign or an internally illuminated
sign and does not have changeable message characteristics.
16.08.390 Uniform Building Code. "Uniform Building Code" means the
most recent structural and specialty Oregon Uniform Building Code as
adopted by the Oregon Department of Commerce, and which Uniform Building
Code, by this reference, is incorporated in this title to the extent of
specific citations thereof in this title.
16.08.400 Mall sign. "Wall sign" includes any sign attached to,
painted on, or erected against the wall of a building or structure, with
the exposed face of the sign in a plane parallel to the plane of the wall.
fir.
Chapter 16.12
,,- PERMITS
Sections:
16.12.010 PERMITS REQUIRED
16.12.020 APPLICATION
16.12.030 FEES
16.12.040 INSPECTIONS
16.12.050 EXEMPTIONS
16.12.060 REPAIR, MAINTENANCE, AND CHANGE OF COPY OF LAWFUL SIGN
16.12.010 PERMITS REQUIRED. No sign shall hereafter be erected,
re-erected, constructed, altered or relocated within the city limits
except as provided by this title, and a permit for the same has been
Issued by the Building Official. A separate permit shall be required for
a sign or signs for each business entity and a separate permit shall be
required for each group of signs on a single supporting structure. A
separate permit shall be required when it is proposed to remove a sign
from its supporting structure for its repair and maintenance. Not
withstanding the Sign Code permits of this section. Separate structural
permits under the Uniform Building Code shall also apply. In addition,
an electrical permit shall be obtained for all illuminated signs, from
the enforcing agency, subject to the provisions of the State Electrical
Code.
16.12.020 APPLICATION. Application for sign permits shall be made in
writing upon forms furnished by the Building Official. The application
shall show the location by street and number of proposed sign and the
name and address of the owner and sign contractor or erector. The
following information shall accompany the application:
(1) A minimum of two copies of plot plans, drawn to scale, and a
scale drawing of the sign. The plot plan shall indicate the location of
the sign, all buildings, property lines, existing signs, streets,
driveways and overhead power lines on the premises. The plot plan shall
show the approximate location of the neighboring signs and buildings
within one hundred feet on either side of the subject premises.
(2) The scale drawing of the sign shall show sign dimensions, the
colors, materials, height above ground, source and intensity of any
illumination and the construction showing size of footings, anchorages,
and welds.
(3) The Building Official may require engineers calculations for
sign construction, anchorage and footing requirements, to meet wind
resistance and seismic forces, all in conformance with the requirements
of the Uniform Building Codes. All sign structures on or near a building
shall conform to the State Fire Life Safety requirements and the Uniform
Building Code requirements of the building, structure or area where it is
erected.
(4) All electrical illuminated signs shall bear the Underwriters
Laboratory label or equivalent.
16.12.030 FEES. Each applicant for a sign permit as a condition
precedent to granting of such permit, shall pay to the city with respect
to the proposed construction, alteration or relocation of a sign for
which a sign permit is required as follows:
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Sign Area Permit Fee
0 - 25 square feet $$10
25 - 100 square feet
100 square feet and over 25 plus $10 for
each additional
100 square feet or
fraction thereof
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Maximum permit $100
Re-inspection
Temporary sign (ea. sign) $10
Planning Commission Review Fee 25
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Subsequent fees and amendments to fee schedules shall be changed by
City Council by resolution. These fees are in addition to any fees
charged by the City under the Uniform Building Code. Where work for
which a permit is required by this Code is started or proceeded with
prior to obtaining said permit, the fees specified in the above table
shall be doubled.
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All permits shall expire within ninety days of issuance when it has
been determined by the Building Official that no work has been done on
the work authorized by said permit. Such permit shall be renewed, prior
to expiration date, for up to an additional ninety day period without
additional charge when requested in writing by the applicant to the }
Building Official. This renewal option shall not apply to any action
granted by the City on non-conforming signs. This section shall not
alter the renewal provisions of the Uniform Building Code which also
remains in effect in addition to the provisions of this title.
16.12.040 INSPECTIONS.
i n ction work for which a permit is required
(i.j General. ns� .:c..;,trc.....��..
shall be subject to an inspection by the Building Official per the
Uniform Building Code and this title. A survey of the lot or proposed
location for sign erection may be required by the Building Official to
verify compliance of the structure with approved plans. Neither the
Building Official nor the jurisdiction shall be liable for expense, or
other obligations, entailed in the removal or replacement of any material
required to allow inspection.
(2) Inspection requests. It shall be the duty of the person doing
the work authorized by a permit to notify the Building Official that such
work is ready for inspection. The Building Official may require that
every request for inspection be filed at least one working day before
such inspection is desired.
(3) Required inspections. Reinforcing steel or structural framework
of any part of the proposed structure shall not be covered or concealed
without first obtaining approval of the Building Official.
(A) Foundation Inspections shall be made after all
required excavations, form work, bolt settings are completed ann ready to
receive concrete.
(B) All anchorages shall be 'left exposed for inspection.
(C) Electrical inspection shall be made by agency issuing
electrical permits.
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(D) Final Inspections. Final inspection shall be called
for by the applicant when all work is completed. This inspection shall
(, cover all items required by the Building Official under State law or City
ordinance such as the locations, landscaping if required and general
compliance with the approved plans and requirements of this title.
16.12.050 EXEMPTIONS. (A) The following signs and operations shall
not require a sign permit but shall conform to all other applicable
regulations of this title and the provisions of subsection B of this
section:
(1) Signs advertising exclusively the sale, rental or lease of
premises on which the signs are located;
(2) Memorial signs or tablets, names of buildings and dates of
erection, if either cut into any masonry surface or constructed of bronze
or other incombustible material;
(3) Signs denoting the architect, engineer, contractor, and similar
information concerning a subdivision or development and placed on the
construction site;
(4) Signs denoting one time clearance sales of household goods (e.g.
a garage sale);
(5) Signs promoting or opposing a candidate or measure in a specific
election;
(6) Ideological signs.
(B) All signs exempt from permit requirements under subsection (A) of
this section shall meet the following requirements:
(1) The sign ,hall be erected on private property with the consent
of the lawful po. essor of the property and shall not be placed on
utility poles or in the public right-of-way.
(2) The total area of signage per parcel shall not exceed 12 square
feet in residential zones and 32 square feet in other zones, regardless
of the number of signs.
(3) At least one sign shall be permitted per parcel of land;
additional signs on such parcel shall be spaced at least 50 feet apart in
residential zones and 30 feet apart in nonresidential zones.
(C) Signs exempt from permit requirements under Subsection (A)(1), (3),
(4), and (5) shall be removed within 10 days from the end of the event
displayed. Thus, signs under Subsection (A)(1) shall be removed 10 days
from sale, rental or lease. Signs under Subsection (3) shall be removed
within 10 days of completion of construction. Signs under Subsection
(A)(4) shall be removed within 10 days of the end of the clearance sale.
Signs under Subsection (A)(5) shall be removed within 10 days of the
subject election.
16.12.060 REPAIR, MAINTENANCE, AND CHANGE OF COPY OF LAWFUL SIGN The
sign permit provisions of this title shall not apply to repair,
maintenance, or change of copy (including, but not limited to the
changing of a message on a sign specifically designed for the use of
replaceable copy. All other provisions of this title shall apply. The
exemption provided by this section shall not be applicable to unlawfully
erected or maintained signs.
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Chapter 16.24
NONCONFORMING SIGNS
Sections:
16.24.010 DEFINED - CONTINUANCE
16.24.020 CONTINUOUS - EXCEPTION
16.24.030 LOCATED ON PREMISES ANNEXED TO CITY
16.24.040 ALTERATION, RELOCATION OR REPLACEMENT
16.24.050 TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF
TITLE'S EFFECTIVE DATE.
16.24.010 DEFINED - CONTINUANCE. Except as provided in this chapter,
signs in existence on March 20, 1918, according to Ordinance No. 77-89
and No. 78-16, which do not conform to the provisions of this title, but
which were constructed, erected or maintained in compliance with all
previous regulations, shall be regarded as non-conforming signs which may
be continued until March 20, 1988 (ten years after date of ordinance).
16.24.020 CONTINUANCE - EXCEPTION. Signs in existence on January 11,
1971, which do not conform to the provisions of this title, but which
were constructed, erected or maintained in compliance with all previous
regulations, were regarded as non-conforming signs and could be continued
for a period of ten years from January 11, 1971. All such signs which
were not brought into compliance with the standards in Ordinance No.
77-89 and No. 78-16 and the extensions granted by January 11, 1981 are
now in violation of this title.
16.24.030 LOCATED ON PREMISES ANNEXED TO CITY. Signs located on
premises annexed into the City of ter January ll, 1971, which do not
comply with the provisions of this title, shall be brought into
compliance with this title within a period of ten years after the
effective date of the annexation.
16.24.040 ALTERATION, RELOCATION OR REPLACEMENT. Any sign which is
structurally altered, relocated or replaced shall immediately be brought
into compliance with all of the provisions of this title, except the
repairing and restoration of a sign on site or away from the site to a
safe condition any part of a sign or sign structure for normal
maintenance shall be permitted without loss of non-conforming status.
16.24.050TYPES REQUIRING CONFORMANCE WITHIN NINETY DAYS OF TITLE'S
EFS IVE DATE. Signs n existence on the e ect ve date o this t t e
which do not comply with provisions regulating flashing signs; use of par
spotlights or rotating beacons; rotating and revolving signs; flags,
banners, streamers or strings of lights; (or temporary or incidental
signs) shall be made to conform within ninety days from the effective
date of this title.
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Chapter 16.28
{ SIGN REMOVAL PROVISIONS
Sections:
16.28.010 ABANDONED SIGNS
All signs erected in violation of the requirements of this title from
the effective date of this ordinance shall be removed immediately by the
owner or erector. If the erector or owner does not bring the sign into
compliance or remove it by the time noted by the Building Official's
notice to remove, the erector or owner may be cited into court under TMC
16.48.030.
16.28.010 ABANDONED SIGNS. Any person who owns or leases a sign
shall remove such sign and sign structure when either the business that
it advertises has discontinued business in the city or the business that
it advertises is no longer conducted in or upon the premises upon which
such sign is located. If the person who owns or leases such sign fails
to remove it as provided in this section, the Building Official shall
give the owner of the building, structure or premises upon which such
sign is located, sixty days written notice to remove it. If the sign has
f` not been removed at the expiration of the sixty days notice, the Building
Official or his duly authorized representative, may remove such sign at
cost to the owner of the building, structure or premises. Signs which
the successor to a person's business or business location agrees to
maintain as provided in this title need not be removed in accordance with
this section. Cost incurred by the Building Official, or his duly
authorized representative, may be made a lien against the land or
premises on which such sign is located, after notice and hearing and may
{j. be collected or foreclosed in the same manner as liens otherwise entered
in the liens docket of the City.
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Chapter 16.34
HEARINGS PROCEDURES AND EXCEPTIONS
Sections:
16.34.010 APPLICABILITY
16.34.020 LIMITATION ON SEEKING PLANNING COMMISSION HEARING; STAY
16.34.030 HEARING PROCEDURES
16.34.040 EXCEPTIONS
16.34.050 EXPIRATION OF EXCEPTION WHEN UNEXERCISED
16.34.010 APPLICABILITY. The following persons may, upon payment of
the appropriate fee, be heard by the Planning Commission under TMC
Section 18.84.050(b) and related sections:
(1) Any person who has been ordered by the Building Official to
remove a sign, alleged to be in violation of this title;
(2) Any person whose permit to erect or alter a sign has been
refused or revoked under this title;
(3) Any persons seeking an exception from the provisions of this
title;
(4) Any persons adversely affected by a determination of
nonconformity by the Building Official under Chapter 16.24 of this title;
a> (5) Any person otherwise adversely affecte- by a determination made
under this title.
16.34.020 LIMITATION ON SEEKING PLANNING COMMISSION HEARING; STAY.
(1) No hearing before the Planning Commission shall be granted from
an order or determination under TMC Section 16.34.010(1), (2), (4) and
(5) unless an application be filed within 10 days of such order or
determination being made known to the person seeking review, and unless
that person be substantially affected or aggreived by the order.
(2) Application for hearing shall not stay the action of the
Building Official unless the applicant requests a stay and after
appropriate notice and hearings, the Building Official determines that
specific public safety considerations outweigh the delay of the action
for the hearing and review process.
16.34.030 HEARINGS PROCEDURES. Except as otherwise specifically
provided in this title, the provisions of the TMC Chapter 18.84 shall
govern hearing procedures under this title.
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16.34.040 EXCEPTIONS The Planning Commission or, on review, the
Council may grant exceptions to the requirements of this title, when the
applicant demonstrates that, oweing to special or unusual circumstances
reiating to the design, structure, or placement of the sign in relation
to other structures or land uses or the natural features of the land, the
literal interpretation of this title would interfere with the
communicative function of the sign without corresponding public benefit
in terms of the values set forth in TMC Section 18.59.010.
16.34.050 EXPIRATION OF EXCEPTION WHEN UNEXERCISED. When the
Planning Commission (or, in the case of review, the City Council)
approves an exception the rights thereby given to the applicant shall
continue to exist and to belong to the applicant or any other owner of
the land for a period of one year from the date of final approval. If,
at the expiration of one year from the date of approval, construction of
the structure or initiation of the use giving rise to the need for the
exception has not begun, the rights given by the exception approval shall
terminate without further action by the City, the Planning Commission, or
the City Council. Said rights shall also terminate at or after the
expiration of one year from approval if, though commenced within one
year, construction ceases and is not resumed within sixty days.
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CHAPTER 16.36
ZONE REGULATIONS
Sections:
16.36.010 GENERALLY
.16.36.020 SINGLE FAMILY OR RESIDENTIAL ZONES
16.36.030 MULTIFAMILY RESIDENTIAL ZONES
16.36.040 COMMERCIAL AND INDUSTRIAL ZONES
16.36.050 COMMERCIAL PROFESSIONAL ZONES
16.36.060 OTHER REQUIREMENTS
16.36.010 GENERALLY. Except as provided in this title, no person
shall install or maintain any sign in the City in the zones listed in the
following sections. Reference to zones are those established by or
pursuant to the Community Development Code.
16.36.020 SINGLE FAMILY OR RESIDENTIAL ZONES. No sign of any
character shall be permitted in an R-5, R-7, R-10, R-15, R-20 or R-30
zone except the following:
(1) Nameplates. Sign bearing only property numbers, names of
occupants of the premises or other identification of the premises not
having a commercial connotation not exceeding a combined area of four
square feet.
(2) Real Estate Signs. One on-site temporary sign for each street
frontage offering the premises for sale, lease or inspection by the
public provided that the total area of such sign does not exceed six
square feet in area. Such signs may also be modified to indicate that
the property has been sold.
(3) Permanent subdivision identification signs. One ground sign, at
each entry point to the subdivision from the public right-of-way, with
the site properly landscaped, denoting the development name and not
exceeding thirty-two square feet in area. Illumination may be approved
as long as it does not create a public or private nuisance, as determined
by the Planning Director considering the purpose of the zone.
(4) Real estate directional signs. Temporary real estate signs
advertising an open house and located off the premises, limited to a sign
area of six square feet and a maximum dimension of four feet may be
erected and maintained, provided the display of such sign shall be only
during those hours the property is available for inspection. No other
off-premises directional signs shall be allowed. No permits are required
for such signs, but the Planning Director may establish reasonable rules
and regulations to prohibit sign clutter, erection of unsafe signs, or
other problems in connection with the erection of real estate directional
signs. Such rules and regulations shall be on file with the City
Recorder.
(5) (A) Free-standing signs for commercial use in residential zones
shall be limited to 16 feet in height and 65 square feet in area per sign
face.
(B) Religious assemblies and educational institutions are
u permitted to have reader boards but not in excess of the allowable sign
area.
(C) Wall Signs. Wall signs shall aot exceed five percent of
the front wall area and not be permitted on side or rear wall.
16.36.030 MULTIFAMILY RESIDENTIAL 'ZONES. No sign shall be permitted
in an A-12, A-20, A-40, A-70/80PD zone except the following:
(1) Permanent residential nameplates identifying the premises.
Total signing on a premises shall not exceed one square foot of area per
dwelling unit.
(2) Incidental signs. Such signs shall only be permitted when
attached to a permanently affixed sign structure or to the wall of the
building.
(3) ileal estate signs. One outside sign offering the premises for
sale providing that the total area of such sign does not exceed twelve
square feet. Such signs may be modified to indicate that the property
has been sold.
(4) Nonresidential signs. One illuminated or non-illuminated sign
not exceeding six feet in height and 65 square feet in area per sign face
identifying any nonresidential use permitted in a multiple family
residential zone, if such use has been approved under the conditional use
process.
(5) Real estate directional signs, free standing and wall signs
shall be the same as paragraph 4 and 5 of Single Family residential zones.
16.36.040 COMMERCIAL AND INDUSTRIAL 'ZONES. C-3, C-3M, C-4, C-5, and
M-2, M-3 and M-4 industrial zones:
Free-standing signs shall have certain limitations and conditions
when permitted on properties zoned commercial and industrial. One
multifaced, free-standing sign identifying the principal goods, products,
facilities or services available on the premises, shall be permitted on
the premises, subject to conditions and limitations as stated herein. A
readerboard assembly may be an integral part of the free-standing sign.
Free-standing signs.
Area Limits. The maximum square footage of signs shall be seventy
square feet per face or a total of one hundred forty square feet for all
sign faces. No part of any free-standing sign shall extend over a
property line into public right-of-way space.
Area Limit Increases. The sign area may be increased one square foot
for each lineal foot the sign is moved back from the front property line
the sign is adjacent to. If the street is curbed and paved the
measurement may be taken from a point which is fifteen feet from the
pavement. This increase in sign area is limited to a maximum of ninety
square feet per face or a total of one hundred eighty square feet for all
faces. e
Height Limits. Free-standing signs located next to the public
right-of-way shall not exceed twenty feet in height. Height may be
increased one foot in height for each ten feet of setback from the
property line or a point fifteen feet from the edge of pavement whichever
is less to a maximum of twenty-two feet in height.
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Wal�gns.
Allowable Area. Wall signs, including
b , may
b-1 erected or maintained but shall notexceed rlin dgrosse ds
area rfifteen
percent of the building frontage occupied by the tenant.
Wall signs may not project more than eighteen inches from the wall or
extend above the wall to which they are attached.
In buildings where one or more tenant(s) occupy a portion
building which does not include any portion of a
of an exterior wall having
exposure to a public street, allowable wall sign area will be computed in
the following manner: each tenant not having building frontage may have
a wall sign on the wall having street exposure (front wall) provided it
does not exceed in sign area that portion of sign area permitted that
front wall tenant having the smallest proportion of allowable sign area.
In this type of building the allowable proportion of front wall sign area
shall be computed as fifteen percent of the total building face. A wall
sign program shall be established for all multi-tenant buildings, no new
permit shall be issued until such a program is established. On
pre-existing buildings, each new tenant will adhere to the established
program.
If it is determined under the design review process that the wall
sign's visual appeal and overall design quality would be served, an
additional fifty percent of the allowable sign area may be permitted. No
COPY will be permitted, however, in the additional area
P .
purposes of this subsection, "copy" includes symbols, logospeteandtlettersor
Painted Signs.
Wall signs painted directly onto the wall surface
shall not exceed in gross wall area fifteen
and Percent of the face of the
building they are painted upon, the vertical dimension of the sign
cannot exceed twenty Percent of the height of the wall.
16.36.050 Commercial-Professional Zone (CP) Signs Permitted.
(1) There shall be not more than one e
each one hundred square feet of floor square foot of sign area for
ing or
buildings to be identified. All signs shall snot within
eedhfifteen square
feet per side . a total of thirty square feet for all sign faces if both
faces are used.
(2) No sign shall project above the
roof line or extend over. a
Public sidewalk or right-of-wa
the face of the building upon whi hy. l the sign of signs shall be parallel to
sign pertains. gn is located and to which the
(3) Signs may be painted or otherwise a
providing such sign is an integral PPlied
gdirectly to a wall
is obtained for ,such sign under the d signoreviewding process.ign and approval
(4) No billboards shall be permitted.
(5) Free--standing signs desia
g particular project site or
building may be gnatin
permitted in lieu of building-mounted signs subject to
specific approval under the design review process.
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Signs in a planned development district for the specific purpose of
site identification, building identification, tenant identification and
traffic direction may be permitted in such planned development district
as approved in the general plan subject to approval by the Planning
Director, providing that an integrated sign theme is carried out
compatible with the overall development and consistent with the approved
general plan and program.
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16.36.060 Other Requirements. If it is determined under the design
review process that the sign's visual appeal and overall design quality
would be served while maintaining the intent and purpose of this title,
an additional fifty percent of the allowable sign area and rwenty-five
percent of sign height may be permitted. No copy will be permitted in
the additional area or height. For purposes of this subsection the word
"copy" includes symbols, logos, and figures, as well as letters.
Each free-standing sign shall be surrounded by an area set aside to
protect the sign from vehicles negotiating in the parking area of the
business to which the sign relates, and the area set aside shall be
landscaped. The size and shape of the area set aside and the landscaping
shall be represented on the plot plan required by permit and shall be €
subject to the review and control of the Planning Director or his agent, ;
under the design review process. On existing sites where a landscape
island is not feasible, the minimum clearance between the lowest portion
of a free-standing sign and the ground shall be fourteen feet in any
vehicle maneuvering area.
No free-standing sign, nor any portion of any free-standing sign,
shall be located or project over any portion of a street, sidewalk or
other public right-of-way or property unless an exception has been
granted.
When a premise contains more than a single tenant but is not defined
as a shopping center, the provisions of a free-standing sign shall take
into consideration the need for providing a signing system which is E_
harmonious in appearance and legible. The building owner shall provide,
at his own expense, a common support for all tenant signage. Up to an
additional fifty percent of sign copy area may be permitted under the
design review process so as to adequately identify the separate tenants
when determined that the increased sign area will not deter from the
purpose of this title.
Shopping centers or industrial parks, defined as areas of not less than
eight business units and consisting of not less than four acres, shall
establish a single signing format. The sign shall include the complex
name and street number. Up to an additional fifty percent of sign area
may be permitted under the design review process to adequately identify
the complex when determined that the increased sign area will not deter
from and purpose of this title. This increase should be judged according
to 'unique identification needs and circumstances which necessitate
additional area to make the sign sufficiently legible. When a shopping
center or industrial park has more than one main entrance on separate
frontages, a second free-standing sign may be allowed under the design
review process. The two allowable signs shall face separate frontages
and are not intended to be viewed simultaneously,
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Ch ,L r 16.40
SPECIAL TYPES OF SIGNS
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Sections:
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16.40.010 FLAGS, BANNERS, AND SIMILAR ITEMS
16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW
16.40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET
OR PUBLIC RIGHT-OF-WAY
16.40.040 CERTAIN SIGNS PROHIBITED
16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION
16.40.060 OUTDOOR ADVERTISING SIGNS
16.40.070 BENCH SIGNS
16.40.010 FLAGS, BANNERS, AND SIMILAR ITEMS
x
(1) Prohibited Display of Flags and Banners. It is a violation of
this article to erect or maintain strings of pennants, banners or
streamers, festoons of lights, clusters of flags, strings of twirlers or
propellers, flashing or blinking lights, flares, balloons, and similar
devices of carnival character. Flags and pennants not prohibited are:
(A) National, state, and institutional flags properly displayed;
(B) Seasonal decorations and generally recognized holidays; -
(C) Streamers and pennants, used for one week only to call attention
to grand opening of a new business.
16.40.020 PUBLIC UTILITY SIGNS AND SIGNS REQUIRED BY LAW. Nothing in
this title shall prevent the erection, location or construction of signs
on private property where such erection, construction or location is
required by any law or ordinance nor shall any public agency or utility
be prohibited from erecting signs on private property when otherwise
permitted.
16.40.030 SIGNS NOT DESIGNED TO BE VIEWED FROM ANY PUBLIC STREET OR ;
rUBLIC RIGHT-OF-WAY. Nothing in this title shall prevent the erection,
location or construction of directional or instructional signs on private
property when such signs are solely designed to direct or to guide or to
instruct pedestrians or vehicular traffic while on the parcel of real
property on which the signs are located. No sign permit or fee shall be
required for such signs.
16.40.040 CERTAIN SIGNS PROHIBITED.
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(1) Unsafe signs or improperly maintained signs. No sign shall be
constructed, erected or maintained unless the sign and sign structure is
so constructed, erected and maintained as to be able to withstand the
wind, seismic and other requirements as specified in the Uniform Building ,
Code. No sign shall be constructed, erected or maintained in violation f
of the maintenance provisions of this title.
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(2) Signs at intersections. No sign shall be erected at
intersections of any streets in such a manner as to materially obstruct
free and clear vision nor shall any sign be erected at any location
where, by reason of the position, shape or color, it may
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interfere with, obstruct the view of, or be confused with; any authorized `
traffic signal or device; nor shall any sign be erected which makes use
of the word "stop", "look", "danger", or any other similar word, phrase,
! symbol or character in such manner as is reasonably likely to interfere
with, mislead or confuse motorists. The thirty foot, two sided triangle
of safety shall be observed.
(3) Obscenity. No sign shall bear or contain statements, words or
pictures in which the dominant theme of the material, taken as a whole, (,
appeals to the prurient interest in sex or is patently offensive because t(
it affronts the contemporary community standard relating to the }
description or representation of sexual material which is utterly without
redeeming social value.
(4) Obstructing signs. No sign or sign structure shall be
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constructed in such a manner or at such a location that it will obstruct
access to any fire escape or other means of ingress or egress from a i
building or any exit corridor, exit hallway or exit doorway. No sign or
supporting structure shall cover, wholly or partially, any window or {'
doorway in any manner that it will substantially limit access to the
building in case of fire.
(5) No off-premises sign shall be permitted in any commercial or
industrial zone, except outdoor advertising signs, as regulated in other
parts of this title. Off-premise signs may only be approved by the
Planning Commission through the exception procedure established by
Section 16.34.040 of this title.
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(6) Strings of bare lights shall not be constructed, erected or
maintained within view of any public street or public right-of-way. This
subsection shall not apply to lighting displays as described in 16.40
(7) hoof signs of any kind are prohibited, including temporary signs.
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16.40.050 FLASHING SIGNS AND SIGN ILLUMINATION. t
(1) No exposed reflective-type bulbs, strobe lights, rotary beacons,
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par spots, zip lights or similar devices shall be permitted. No exposed
incandescent lamp which exceeds twenty-five watts shall be used on the
exterior surface of any sign so as to expose the face of such bulb or
damp to any public street or public right-of-way.
(2) Tise surface brightness of any sign shall not exceed that ;
produced by the diffused output obtained from eight hundred milliampere
fluorescent light sources not closer than eight inches on center. r
16.40.060 OUTDOOR ADVERTISING SIGNS. Outdoor advertising sign
regulations shall be as follows:
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(1) Zones Permitted. Outdoor advertising signs shall be permitted
only in a C-3 commercial zone or M-2, M-3, and M-4 industrial zones.
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(2) Height. The maximum height of an outdoor advertising sign shall
not exceed thirty-five feet from the ground level at its base. s
(3) Size.
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(A) The maximum sign dimensions of an outdoor advertising
sign shall be twelve feet in height and twenty-five feet in length
(excluding supports and foundations) or a total maximum sign area of
three hundred square feet per face.
(B) Outdoor advertising signs may be increased in area to
fourteen feet in height and forty-eight feet in length or a total maximum
sign area of six hundred seventy-five square feet per face where
permitted as freeway-oriented signs.
(C) On freeway-oriented signs, cutouts may project beyond f
the display surface and may add up to one-third additional area of
permitted display surface and further may extend five and one-half feet
above, four feet below or two feet to either side of the display surface,
provided that the thirty-five foot maximum height limit is not exceeded 3
by such cutouts.
(4) Locations Permitted.
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(A) Outdoor advertising signs shall only be permitted to
locate on and orient to US Highway 99W (Southwest Pacific Highway),
Oregon State Expressway No. 217, and Interstate Freeway No. 5.
(B) Outdoor advertising signs shall not have more than one
display surface facing in the same traffic direction on any one premises.
For the purpose of this provision and for the purposes of applying
the spacing limitations or density limitations which follow, a single
outdoor advertising structure on which two display surfaces are attached
back-to-back shall be considered as one outdoor advertising sign and with
one display surface facing one traffic direction. #`
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(5) Outdoor advertising signs shall not be located within three
hundred feet or another outdoor advertising sign on the opposite side of
the street or highway or within five hundred feet of another outdoor
advertising sign on the same side of the street or highway. For purposes
of applying this limitation, distances shall be measured as a radius from
a sign. Where two or more signs are in violation of these spacing ;
provisions, the first lawfully constructed, erected and maintained shall
be permitted to remain.
(6) Outdoor advertising signs shall have all metal structures;
provided, however, that the display surface or display surfaces and the r,
stringers use for the support of the display surfaces together with
cutouts may be made of other materials.
(7) Outdoor advertising signs are not permitted as roof signs.
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16.40.070 BENCH SIGNS. Bench signs shall only be permitted at
designated transit stops in commercial, industrial, and multifamily zones
where no bus shelter exists. There shall be no more than one bench sign
per allowable transit stop. Placement of the bench sign shall not
interfere with pedestrian traffic or traffic vision. Application for a
bench sign shall include the signature of the affected property owner and
proof of liability insurance.
Maintenance - standards generally of outdoor advertising or billboard
signs. All signs, together with all of their supports, braces, guys and
anchors shall be kept in good repair and shall be maintained in a safe
condition. All signs and the site upon which they are located shall be
maintained in a neat, clean and attractive conditions. Signs shall be
kept free from excessive rust, corrosion, peeling paint or other surface
deterioration. The display surfaces of all signs shall be kept neatly
painted or posted.
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Chapter 16.46
l
TEMPORARY SIGNS
t Sections:
1.6.46.010 AUTHORIZATION.
16.46.020 ISSUANCE AUTHORITY.
16.46.030 REQUIRED CONDITIONS.
16.46.010 AUTHORIZATION. The Building Official shall be empowered to
authorize temporary signs not exempted by Section 16.12.050 of this title.
The Building Official shall attach such conditions to the issuance of
a permit for a temporary sign as may be necessary to assure
discontinuance of the use of the sign in accordance with the terms of the
authorization, and to assure substantial compliance with the purpose of
this title.
16.46.020 ISSUANCE AUTHORITY.
(1) The Building Official may issue temporary sign permits which
shall terminate within 60 days from the date of issuance.
(2) No permit shall be issued for a period longer than 60 days, but
a permit may be renewed by the Building Official upon a showing of good
cause for the continuation of the temporary permit.
16.46.030 REQUIRED CONDITIONS. Applicants for temporary sign permits
shall submit such evidence as may be required to enable the Building
Official to determine that one or more of the following conditions exists:
(1) That the need for the temporary sign is the direct result of a
casualty loss, such as a loss caused by fire, wind, storm, flood or other
severe damage by the elements to a preexisting structure or facility,
located on the same premises and occupied by the same applicant for whom
a permanent sign permit originally was granted;
(2) That the applicant has lost leasehold occupancy rights on
account of unforeseeable circumstances or hardship beyond the foresight
and control of the applicant;
(3) That the temporary use is limited in duration by the purposes
for which the permit is sought, such as Christmas tree sales, parade
sands, circuses, fairs or other exhibitions, and other similar needs
which are obviously temporary;
(4) That the purpose for which the temporary use is sought is
compatible with, and incidental to, the business;
(5) That types and locations of temporary signs shall be similar to
those allowed for the zone in which they are to be used; in addition
banners, and "A" board type signs may be used in a limited manner.
Location shall be approved at the time the permit is issued.
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Chapter 16.48
ADMINISTRATION
Sections:
16.48.010 SIGN PERMIT AUTHORITY
16.48.020 ENFORCEMENT AUTHORITY - MIGHT OF ENTRY
16.48.030 VIOLATION - PENALTY
16.48.010 SIGN PERMIT AUTHORITY. All applications for sign permits
shall be submitted to and be approved by the Building Official.
16.48.020 ENFORCEMENT AUTHORITY, BIGHT OF ENTRY. The Building
Official is authorized and directed to enforce all of the provisions of
this title. All signs for which permits are required shall be inspected
by the Building Official. Upon presentation of property credentials, the
Building Official or his duly authorized representative may enter at
reasonable times any building, structure or premises in the City to
perform any duty imposed upon him by this title.
16.48.030 VIOLATION PENALTY. Any person who violates any of the
provisions of this title, upon conviction, shall be guilty of a
misdemeanor and such person shall be punished by a fine of not less than
fifty dollars and not more than three hundred dollars per offense.
Persons convicted of violating a provision of this title shall be deemed
guilty of a separate offense: for each day during which the violation
continues.
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