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HomeMy WebLinkAbout1984-59A INDIAN RIVER COUNTY ORDINANCE NO. 84- 59 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE APPENDIX A, ZONING, CREATING SECTION 25(0)(10); CREATING DEFINITION OF POLITICAL SIGNS; CREATING LIMITS FOR TIMING OF PLACEMENT AND REMOVAL OF TEMPORARY POLITICAL SIGNS; REQUIRING BONDS AND PERMITS FOR PLACE- MENT OF TEMPORARY POLITICAL SIGNS; RESTRICTING THE SIZE OF TEMPORARY POLITICAL SIGNS IN RESIDENTIAL AND NONRESIDENTIAL DISTRICTS; PROVIDING FOR PENALTIES; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County has determined that candidates for political office, their agents, and advocates of particular political issues often place temporary signs throughout the county prior to elections; and WHEREAS, these signs are recognized as a permissible means of educating the public as to candidates and issues involved in elections; and WHEREAS, these temporary signs serve no purpose subse- quent to the date of the particular primary or general election; and WHEREAS, it is the responsibility of each candidate or advocate of political issues to remove such temporary political signs after the relevant election; and WHEREAS, failure to remove such temporary political I signs creates an unnecessary visual blight, which could result in expenditures of County funds through the use of County personnel to remove such temporary political signs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: SECTION 1 Section 25(0)(10) to Ordinance 71-3, as amended, known as Appendix A -Zoning- of the Code of Laws and Ordinances of Indian River County, Florida is hereby created to read as follows: REGULATIONS FOR TEMPORARY POLITICAL SIGNS (1) Definitions. The following term shall have the meaning set forth for the purpose of interpreting this ordinance. (a) Temporary political signs shall be defined as -1- any non -permanent sign relevant to the candidacy of any person who is qualified under the laws of Florida as a candidate for an elec- tive office of Indian River County, any municipality, school district, special taxing district, or other publicly elected office within Indian River County or any other Florida County, State of Florida, or United States, or signs advocating an issue that will appear on any primary, general or special election ballot in the County. All relevant provisions of this Section, in addition to the requirements of §25(o)(6), shall be satisfied prior to the placement of any temporary political signs within the unincorporated portions of Indian River County. (2) Timing of placement. Temporary political signs may be erected no more than 60 days prior to the election in which the candidate's name or the issue will appear. Any unopposed candidate in the first primary who will face opposition in the following General Election may erect temporary political signs 60 days prior to the first primary, notwithstanding the fact that the candidate's name will not appear on the first primary ballot. (3) Timing of removal. Any temporary political sign shall be removed from the premises by the candidate, his agent, or the occupant within five days after the election in which the candidate is eliminated or elected, whichever occurs first, or after the resolution of the respective issues by referendum. (4) Removal bond required. Prior to the placement of a temporary political sign, or signs, a bond of $250.00 or $250.00 in cash shall be posted with the Planning and Development Division. The security may be forfeited in whole or in part to the County for any of the following reasons: (a) Failure to remove all signs within the applicable five day period for removal; (b) The placement of signs upon any tree, utility pole, or similar object; (c) The placement of any sign without permission of the owner of the property upon which the sign is placed; (d) Authorizing placement or allowing to remain -2- more than two days after notice to the political candidate of any political sign otherwise in viola- tion of this Chapter. The illegal placement of any political sign advertising a particular candidate shall be prima facie evidence that the candidate placed or authorized the placement of said sign. (5) Any candidate may apply for a hearing before the Board of County Commissioners to show cause why they are unable to post a bond as required in this Section. Upon a showing of good cause, the Board of County Commissioners may waive the bond requirements. However, any candidate who obtains a waiver of the bond requirement shall not be relieved of the removal requirements herein and shall be responsible to the County for the cost of the County's removing any signs placed in violation of this Section. (6) Temporary political signs are permitted in all zoning districts subject to the rules set forth below. (7) Temporary political signs in residential districts. Temporary political signs in residential districts, as defined within the Indian River County zoning Code, Appendix A, §5-17, are allowed subject to the following provisions: (a) One sign npt exceeding twelve square feet per lot or parcel of land. (b) Sign shall not be illuminated and shall be free standing. (c) Sign shall be located wholly on the private property and shall be placed at least five feet from all rights-of-way and 15 feet from all prop- erty lines, and shall not exceed five feet in height. (8) Temporary political signs in agricultural, com- mercial, manufacturing and industrial districts. Temporary political signs in agricultural, commerical, manufacturing and industrial districts, as defined within the Indian River County Code, Appendix A, §4, and §8-22, are allowed subject to the following provisions: Qc19 (a) One sign per candidate or issue is allowed and not more than two signs per premises are allowed. These shall not exceed 16 square feet. These signs shall be separated by a minimum distance of 15 feet. (b) Signs shall not be illuminated. (c) Signs shall be located wholly on the private property and shall be placed at least five feet from any rights-of-way and 15 feet from all prop- erty lines and shall not exceed ten feet in height. (9) Placement of political signs other than temporary political signs shall be governed by the provisions of this Section [25(0)]. (10) The signs identified in this ordinance shall require the issuance of a permit by the County Administrator, or designee. Upon issuance of a permit, the permittee shall agree to reimburse the County for any and all expenses of removal incurred by the County over and above any applicable bond or cash deposit coverage. SECTION 2 PENALTIES 1 Any violation of the provisions of this Ordinance shall be subject to punishment by a fine not to exceed $500, or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. SECTION 3 INCORPORATION IN CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA This Ordinance shall be incorporated into the Code of Ordinances of Indian River County and the word "Ordinance" may be changed to "Section," "Article," or other appropriate word and the sections of this Ordinance may be renumbered or relettered to accomplish such purposes. -4- SECTION 4 SEVERABILITY If any section, or if any sentence, paragraph, phrase, or word of this Ordinance is for any reason held to be unconsti- tutional, inoperative, or void, such holdings shall not affect the remaining portions of this Ordinance; and it shall be construed to have been the legislative intent to pass the Ordinance without such unconstitutional, invalid, or inoperative part. SECTION 5 EFFECTIVE DATES The provisions of this Ordinance contained within Section 1 (1) and (3) and Sections 2, 3 and 4 shall become effective upon receipt from the Secretary of State of the State of Florida of official acknowledgment that this ordinance has been filed with the Department of State. The remaining provisions of this ordinance shall become effective January 1, 1985. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 5th day of September 1984. v BOARD OF COUNTY COMMISSIONERS OF INDIANIVER COUNTY FLORID By C Don C. Scurl ck, Jr., Chairman Acknowledgment by the Department of State of the State of Florida, this 17th day of September , 1984. Effective Date: Acknowledgment from the Department of State, received on this 21st day of September , 1984, at 11:00 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. aDL VE � TO FORM AEG IFORM : 117 -5- JPW