HomeMy WebLinkAbout2009-OR-52233 Ordinance 2009-OR- 52
234
23s The Jeffersonville Free Standing Business or
236 Identification Signs On Sidewalk Ordinance to
237 Enhance Beautification And Safety
238
239 Whereas, the Jeffersonville City Council is vested with the duty and obligation to
240 promulgate laws, ordinances and regulations that provide for the health, safety and well-
241 being of the citizens of the City;
242 Whereas, the express purpose of this Ordinance is to provide maximum visibility
243 at affected intersections, roads and highways, to prevent unreasonable distraction of
244 operators of motor vehicles, to prevent interference with the effectiveness of traffic
245 lights, signs or signals, to preserve and enhance the natural and scenic beauty or
246 aesthetic features of the affected areas of the City, and to promote the safety and
247 comfort of the users of the roads, highways and streets of Jeffersonville, Indiana;
248 Whereas, in order to achieve these goals the Jeffersonville City Council adopts
249 the following rules and regulations
250
251 Section One: Free Standing Business or Identification Signs
252 (Sandwich Boards) on Sidewalk.
253 The owner or operator of a retail business or service is permitted to place one
254 free standing business or identification sign on the public sidewalk in front of his
255 business premises, subject to the following requirements:
13
256 (a) Such a sign shall be placed either immediately adjacent to the building, or so
257 that its most distant point is no farther than three feet six inches from the curb.
258 Notwithstanding the aforementioned, each sign must permit adequate pedestrian
259 access as may be more definitively set out by rules promulgated by the City Building
260 Codes and Zoning Ordinances and in compliance with the Americans' With
261 Disability Act.
262 (b) The owner or operator of a retail business or service displaying a free
263 standing advertising sign on the sidewalk shall maintain a policy of general liability
264 insurance, naming the City of Jeffersonville as an additional insured, in an amount of
265 not less than $300,000.00, to cover claims for injuries arising from or related to said free
266 standing advertising sign.
267 (c) Such a sign shall be on the sidewalk only during the business hours of the
268 establishment
269 (d) Notwithstanding any other provision of this section, the owner or operator of
270 a retail business or service maintaining a free standing business or identification sign on
271 the sidewalk shall immediately remove said sign from the sidewalk upon notice given by
272 any Jeffersonville Police Officer or employee of the department of public works that the
273 sign is unreasonably obstructing pedestrian traffic or has otherwise created a
274 dangerous condition.
275 (e) The design and construction of such a sign shall comply with all regulations
276 promulgated by the Board of Public Works, zoning ordinances and permitting
14
277 requirements.
278 (f) As used in this section the phrases "business sign" and "identification sign"
279 shall have the same meanings as given in the Jeffersonville Zoning Ordinances and or
280 as set forth by the Board of Public Works or any other section of the Jeffersonville City
281 Ordinances and Codes.
282 (g) Whoever violates this section shall be punished by a fine of not more than
283 $2,500 nor less than $100. Each successive day that such violation continues shall
284 constitute a new and separate offense.
285
15
Severability Clause:
Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to
any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or
should any portion of this ordinance be preempted by state or federal law or regulation, such
decision or preemption shall not affect the validity of the remaining portions of this ordinance or
its application to other persons or circumstances.
This Ordinance shall be in full force and effect from and after its passage and
Approval.
;.
Voted For:
v
I
J
Voted Against:
~-
Passed this day of , 2009.
C ~ ~~
ayor Thomas Ga an
Attest:
Peg ilder, Clerk-Treasurer
Presented by me, Peggy Wilder, as the Cler~kand Treasurer to the Mayor of said
City of Jeffersonville, Indiana on this o~_~``day o~ , 2009.
Peg ilder, Clerk-Treasurer
~~ 5~~~