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14-75 EMERGENCY ORDINANCE NO. 14-75 A~] EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 3 "ADVER- TISING'' OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY AMENDING SUBSECTION 3-1 (i) DEFINITION OF POLE SIGN; BY AMENDING SUBSECTION 3-10 REGULATIONS GOVERNING SIGNS GENERALLY BY ADDING DEFINITION OF SIGNS ALLOWED WITHIN CITY LIMITS; BY AMENDING SUBSECTION 3-21 NON-CONFORMING SIGNS - EFFECT- IVE DATE FOR REMOVAL; AND BY AMENDING SUBSECTION 3-25 PENALTY FOR VIOLATION OF ARTICLE PROVISIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the construction of Interstate 1-95 has created an emergency situation in which there is an incentive to construct signs o~ an extreme height which have not heretofore existed in the City of Delray Beach; and, WHEREAS, the construction of signs of such a height would not be in the best interests of the citizens of Delray Beach and could be detrimental to the health, safety and welfare of said citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA5 BEACH, FLORIDA, AS FOLLOWS: Section 1. That Sec. 3-1 (i) of the Code of Ordinances of the City of De.!r~y B~h: as amended~ be further amended as follows: (i) Pole sign. A sign which is supported by one or more columns, upri. ghts or braces in or upon the ground. No such sign shall exceed twenty-five (25) feet in height. Section 2. That Sec. 3-10 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended by adding the following: (o) Signs Permitted Within City Limits. No sign of any kind shal be permitted on any developed or undeveloped proper___ty, within the City__limits exceptt (1) A temporary real estate sign or directional sign. (2) A sign advertisinq goods, articles, wares, or services for sale provided that the sign may only be located upon the premises where such goods, articles, wares, or services are sold. Section 3. That Sec. 3-21 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended as follows: 3-21. Non-conforming Signs; Effective Date for Removal. ~e~ee~m~-~s Signs not in compliance with. this ordinance in the city shall be removed at the expense of the owner or lessee or his agent of the real estate on which such signs are located, or at the expense of the owner of such signs within s~y fifteen days after notice by the building inspector. The city reserves the right to remove any such signboard or sign if the owner thereof fails to comply with this requirement for removal by the building inspector, and the city is hereby vested with authority to appropriate the materials obtained from such signs and to credit the value thereof to the owner against the cost of such removal. All electric signs within the city limits now existing which by the enactment of the provisions of this article are made nonconforming, must be removed by the owners by December 31, 1960. Section 4. That Sec. 3-25 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended as follows: 3-2'5. Penalty for violation of article provisions. (a) Any person, persons, associations of persons, partnership or corporation ~mp~emmem~-~m-~e-~se~e~e~-e f-~he-mHm~e~pa~- ~e= who erect, construct, change or enlarg.e any sign not in 'compliance with this ordinance shall be fined not less than one hundred dollars a day for each day that said sign exists in violation of this ordinance. (b) The penalty for violations of this article other than the type of violations specified in section (a) above and Section 3-21 shall be a fine of not more than one hundred dollars or imprisonment in the city jail for not more than thirty days, or either or both, such fine or imprisonment in the discretion of the municipal judge. 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 jurisdiction 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 s]~ali become effective immediately upon passage on first and final reading. PASSED AND ADOPTED in regular session on first and final reading on this the 28th day of April, 1975. ATTEST City Clerk - 2 - Emer. Ord. No. 14-75