52-82 ORDINANCE NO. 52-82
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDINGS
AND CONSTRUCTION", ARTICLE VIII "SIGNS AND BILLBOARDS",
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 9-19g, "DEFINITIONS",
TO AMEND THE DEFINITION OF POLITICAL SIGN; BY AMENDING
SECTION 9-200, "PERMITS REQUIRED; EXCEPTIONS", TO EXCEPT
CERTAIN TEMPORARY SIGNS FROM OBTAINING PERMITS; BY
AMENDING SUBSECTION 9=209(e), "CERTAIN SIGNS OR SIGN
STRUCTURES PROHIBITED", TO PROVIDE AN EXCEPTION FOR
CERTAIN TEMPORARY POLITICAL SIGNS; BY AMENDING
SECTION 9-212, "SPECIAL SIGNS", TO ADD A NEW SUBSECTION
(E), "TEMPORARY POLITICAL SIGNS", TO SET FORTH CONDI-
TIONS UNDER WHICH CERTAIN TEMPORARY POLITICAL SIGNS
MAY BE PLACED; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
x~!HEREAS, the City Council of the City of Delray Beach, Florida, does hereby determine
that unregulated temporary political signs are (1) unsightly, both when standing and as debris when
abandoned; (2) a possible traffic hazard; (3) potentially dangerous to persons and property both when
in place and when blown by severe wind; and, (#) costly to remove and collect if in violation of the
City of Delray Beach Code of Ordinances; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, wishes to enact
reasonable regulations for such temporary political signs.
NOW, THEREFORE, BE IT ORDAINED BY' THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9-198, "Definitions", "Political sign", of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended to read as follows:
Temporary Political sign: A sign erected by a political candidate, or a
proponent or opponent., to a refer.endum~ or group or agent thereof for political
purposes directed toward the ultimate exercise of votin[~ by the ~eneral public.
Section 2. That Subsection 9-200(b) "Permits required; exceptions", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
(b) The following signs_shall not require permits:
(1) Real estate sign conforming to the requirements set forth in section 9-
211(A)(1).
(2~) Temporary political si~n conformin~ to the requirements set forth in
section 9-212(E).
Section 3. That Subsection 9-209(e), "Certain si§ns or sign structures prohibited", of the
Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows:
(e) Temporary political signs, except those signs conforming .to the require-
ments set forth in section 9-212(E).
Section 4. That Section 9-212, "Special Signs" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to add a new subsection (E), "Political Signs", to read as
follows:
(E) TEMPORARY POLITICAL SIGNS.'
(1) No more than two (2) non-illuminated temporary political signs for each
candidate or two (2) temporary political signs for or against a referendum
issue may be placed on any parcel of real property or lot, not more than
ninety (90) days prior to the date of any election or referendum to which the
temporary political sign is directed. No illuminated temporary political
signs shall be permitted.
(2) Each such temporary political sign shall be removed within ten (10) days
after the date of the election or referendum. In the event that said signs
are not removed as provided in this subsection, the City may enter upon the
property whereon said sign is located and remove such at the property
owner's expense; provided that prior to such removal by the City, the City
shall, within the ten (10) day period, send by certified mail, return receipt
requested, to the address of the owner of each property whereon the
temporary political sign is located as such owner is listed on the current tax
rolls of the county, a notice of noncompliance stating that the City shall
remove said sign at the property owner's expense if same is not removed
within the ten (10) day period following the election or referendum. Each'
sign not removed prior to expiration of the ten (10) day period shall
constitute an abandoned sign not requiring a hearing prior to its removal by
the City. The cost of removal by the City shall be set at twenty-five dollars
($25.00) per noncomplying parcel, which cost shall be assessed against the
property owner, and may be levied upon the property upon which the
violating sign was located; provided, however, that no such cost of removal
shall be assessed against the property or property owner if such property
owner can conclusively prove to the City Manager or his designee that
he/she was not responsible for the temporary political sign and had no
knowledge of the temporary sign being placed or maintained on his/her
property.
(3)' Each temporary political sign shall not exceed twelve (12) square feet per
sign face.
(0) No temporary political sign shall be placed in any public right of way or on
any public property) nor shall such signs be placed in a location, as
determined by the City Manager or his designee, which would constitute a
safety hazard or hinderance to pedestrian or vehicular traffic.
(5) Any person who places or allows to be placed upon his property or property
under his control any sign in violation of this section shall be guilty of a
violation of this Code of Ordinances, punishable as provided in subsection
220(c) and or 1-6 of this Code of Ordinances.
(6) Nothing contained in subsection (2), above providing for the collection of
costs of removal, shall be construed as a waiver of the violation provisions
set forth in subsection (5), above, or as prohibiting the City from issuing
citations for violations or enforcing its codes by this or any other means.
Section 5. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a Court of competent iurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 6. That this ordinance shall become immediately upon its passage on second and
final reading.
2 ORD. NO. 52-82
PASSED AND ADOPTED in regular session on second and final reading on this the 24th
day of August ,1982.
VICE M'A ~DR
ATTEST:
t
City Clerk
First Reading Aucjust l0t 1982
Second Reading ,.Auqlust 24t 1982
3 ORD. NO. 52-82