HomeMy WebLinkAbout2009-OR-48 42 Ordinance 2009 -OR-48
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44 An Ordinance Prohibiting The Posting of Notices in The City f
45 Jeffersonville For the Purpose of Enhancing Beautification
46 And Safety
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4R Whereas, the Jeffersonville City Council is vested with the duty and obligation to
49 promulgate laws, ordinances and regulations that provide for the health, safety and ell -
50 being of the citizens of the City;
51 Whereas, the express purpose of this Ordinance is to provide maximum visibi ity
52 at affected intersections, roads and highways, to prevent unreasonable distraction o'
53 operators of motor vehicles, to prevent interference with the effectiveness of traffic
54 lights, signs or signals, to preserve and enhance the natural and scenic beauty or
55 aesthetic features of the affected areas of the City, and to promote the safety and
56 comfort of the users of the roads, highways and streets of Jeffersonville, Indiana;
57 Whereas, in order to achieve these goals the Jeffersonville City Council adop
58 the following rules and regulations:
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60 Section One: Posting Notices Prohibited.
61 (a) Definitions. For the purpose of this section the words and phrases used
62 herein shall have the meanings respectively ascribed to them unless the context cle- rly
63 indicates or requires a different meaning.
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65 "Affix" or "Post" shall mean to attach by any means, but shall not include the
66 temporary leaning of materials or the attachment to each other of temporarily leaning
67 materials, provided that the materials leaning or attached to each other around lamp
68 posts, pubic utility poles and shade trees located in the public right -of -way are attend:
69 at all times by the person, or one designated by the person or one designated by that
70 person who has leaned or attached to each other such leaning materials. Further, "A' ix"
71 or "Post" shall not include the temporary fastening of notices, posters, papers, handbi Is,
72 cards, circulars or other printed materials to other such materials which are then
73 temporarily placed around lamp posts, public utility poles and shade trees located in t e
74 public right -of -way such that the materials may be manually moved up and down the
75 listed structures, provided that the temporarily fastened materials are attended at all
76 times by the person who placed the materials upon the lamp post, public utility pole o
77 shade tree, or by one designated by the person or one designated by that person.
78 "Temporary" or "Temporarily" shall mean for a period not to exceed ten hours
79 and with an interval between such ten -hour periods of at least eight hours.
80 (b) Except as otherwise provided in this section, no person shall post or affix, • r
81 solicit or procure another person to post or affix, any notice, poster or other paper or
82 device, calculated to attract the attention of the public, to any lamp post, public utility
83 pole or shade tree in the city right -of -way, or upon any public structure or building,
84 except as may be authorized or required by uniform law.
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86 For the purposes of this section, there shall be a rebuttable presumption that t e
87 person, owner, manager, distributor, producer, promoter, provider or responsible pa y
88 of any business, product, service or event which is the subject of a notice, poster or
89 other paper or device, calculated to attract the attention of the public, has violated thi-
90 section by directly or indirectly causing the notice, poster or other paper or device,
91 calculated to attract the attention of the public, to be affixed or posted within the
92 right -of -way.
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Severabilitv 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, ■r
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 o
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: { , w�ll / Voted Against:
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Passed this sat- day o ecelnter, 2009.
ayor Thomas G'11 g- n
Attest: i' of ityp >
Pe Ni!der, Clerk- Treasurer
Presented by me, Peggy Wilder, as the Clerk and Treasurer to the Mayor of s- id
1,L /Th
City of Jeffersonville, Indiana on this aS/A day of Lam.. , 2009.
Pegg Icier, Clerk- Treasurer