Sec. 41-1. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved combustible plastic means a plastic material which burns at a rate of not more than 2½ inches per minute when subjected to the ASTM standard test for flammability of plastics over 1/20 inch in thickness, in sheets of 0.06 inch thickness.

Billboard, poster panel, means a board, panel or tablet used for the display of printed or painted advertising matter.

Closed sign means a display sign in which the entire area is solid or tightly enclosed or covered.

Display sign means a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, and includes a sign, sign screen, billboard, poster panel and advertising devices of every kind.

Enforcement officer means the commissioner of licenses and inspections or his authorized representative.

Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

Fixed or permanent awning means a fixed structure projecting from the wall of a building, constructed to provide shelter or shade, and extending over public property.

Ground sign means any sign supported by uprights or braces placed upon the ground, and not attached to any building, including, among others, billboards, bulletin boards, poster boards and ground supported pole signs.

Illuminated sign means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

Marquee means any hood or structure of temporary or permanent construction projecting from the wall of a building above an entrance and extending more than 15 inches over public property.

Marquee sign means a display sign attached to or hung from a marquee canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street or street lot line.

Open sign means a display sign in which at least 50 percent of the enclosed area is uncovered, or open to the transmission of wind.

Other advertising structure means any marquee, canopy, awning or street clock as further defined in this section.

Pole sign means a projecting or flat sign supported and placed upon one or more poles or standards. When a pole sign is erected so that part of the sign projects over property, such sign and its structure shall be considered a projecting sign.

Projecting sign means any sign which is attached to a building or other structure and extends more than 15 inches beyond the line of such building or structure or beyond the surface of that portion of the building or structure to which it is attached. "Horizontal projecting sign" means any sign which is greater in width than in height. "Vertical projecting sign" means any sign which is greater in height than in width.

Repairs means the replacement or renewal of any part of a sign for its proper maintenance and safety, such as defective electric wiring, removing and rehanging of a sign, or changing the display illustration or insignia; but not including painting, repairs to a broken or defective neon tube, etc., as approved by the enforcement officer.

Roof sign means any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

Sign means and includes every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display illustration or insignia used to advertise or promote the interests of any person when the same is placed out of doors in view of the general public. Display illustrations or insignia placed upon motor vehicles are excluded within the terms of this definition.

Structural trim means the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.

Temporary sign means a display sign, banner or other advertising device constructed of cloth, canvas, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display, including decorative displays for holidays or public demonstrations.

Wall sign means all flat signs of solid face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure, including, among others, bulletin boards, poster panels and flat cornice signs.

(Code 1968, § 42-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 41-2. - Scope and construction of chapter; inspection of buildings, dwellings, etc., generally; right of entry of enforcement officer.

(a)

Generally. The provisions of this chapter shall govern the construction, alteration, repair and maintenance of all signs and outdoor display structures together with their appurtenant and auxiliary devices in respect to structural and fire safety.

(b)

Zoning regulations. Where more restrictive zoning regulations exist with respect to location, use, size or height of signs and outdoor display structures, the limitations of the zoning regulations affecting required light and ventilation requirements and use of land shall take precedence over the restrictions of this chapter.

(c)

The code official is hereby authorized to make inspections to determine the condition of buildings, dwellings, and premises including the land on which the same are located and including vacant lots, located within this city, in order that he may perform his duty of safeguarding the health and safety of the occupants of buildings, dwellings and land, and the general public. For the purposes of making such inspections, the code official is hereby authorized to enter, examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all buildings, dwellings, lands and premises. The owner or occupant of every building, dwelling, lands and premises, or the person in charge thereof, shall give the code official free access to such building, dwelling, lands and premises during such time for the purpose of such inspection, examination and survey; provided, that such inspection, examination or survey shall not have for its purpose the undue harassment of such owner or occupant and that such inspection, examination or survey shall be made so as to cause the least amount of inconvenience to such owner or occupant consistent with the efficient performance of the duties of the code official.

(d)

Nothing in this section shall be construed to prohibit the entry of the code official: (1) At any time when an actual emergency which tends to create an immediate danger to public safety exists, or (2) at any time when such an inspection, examination or survey may be requested by such owner or occupant; provided, however, that any such requested inspection, examination or survey is otherwise authorized and, further, that nothing herein shall be construed to mean that the code official is required to perform such requested inspection, examination or survey.

(e)

For purposes of this section and the enforcement of the provisions of this Code, "code official" shall mean and include the officer or other designated authority charged with the administration and enforcement of this Code and chapter, and a duly authorized representative. Any person who opposes or impedes a code official of the city in the execution of his duty hereunder shall be deemed guilty of a violation of this chapter. In addition, if a code official of the city is denied entrance to a building, dwelling, land or premises for purposes of inspection, he may, upon a showing of probable cause, obtain a warrant for purposes of entering and inspecting the building, dwelling, land or premises.

(Code 1968, § 42-2; Ord. No. 92-053(sub 1), § 29(a), 7-2-92; Ord. No. 94-002, § 3, 2-24-94)

Sec. 41-3. - Penalty for violation of chapter.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $200.00, or by imprisonment not exceeding one year, or by both such fine and imprisonment. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such under this section.

(Code 1968, § 42-23)

Sec. 41-4. - Licenses for sign erectors.

(a)

Required. Every person engaged in the business of erecting, altering, removing or installing signs for which permits are required by this chapter shall be licensed to conduct such operations in accordance with the requirements of chapter 5 and other city business license ordinances.

(b)

Bond or insurance requirements. Prior to issuance of a sign erector's license by the department of licenses and inspections, the person desiring such license shall file with the commissioner of licenses and inspections a continuing bond in the penal sum of $2,000.00, executed by the applicant and a surety company to be approved by the city solicitor and conditioned for the faithful observance of the provisions of this chapter and of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the city from any and all damages, judgments, costs or expenses which the city may incur or suffer by reason of the granting of such license. A liability insurance policy issued by an insurance company authorized to do business in the state conforming to this section may be permitted in lieu of a bond.

(c)

Issuance. Sign erector's licenses shall only be issued to those persons who show sufficient knowledge and experience to satisfy the commissioner of licenses and inspections as to their ability to erect signs in a safe and substantial manner in accordance with the provisions of this chapter.

(d)

Change of address of licensee. Holders of sign erector's licenses shall notify the commissioner of licenses and inspections of any change in the management or address of the firm or corporation.

(e)

Revocation. A sign erector's license may be revoked under the following conditions:

(1)

In case the holder of a sign erector's license shall fail to comply with any notice relative to the improper construction or erection of any sign, the enforcement officer shall notify the senior officer in charge of such firm or corporation to appear before him at a stated time and show cause why his firm's license shall not be revoked. The notice to appear shall be in writing and shall be delivered to the address shown upon his records. After such hearing, the commissioner of licenses and inspections shall see that such sign erector's license is revoked if he is not satisfied that the defects complained of will be promptly remedied. Also, he may revoke such license if the senior officer of the firm or corporation, or his authorized agent, does not appear for such hearing or if he cannot be found after diligent search at the address shown upon his records.

(2)

The license of any sign erector who does not comply with the requirements of this article shall be revoked subject to and in accordance with the provisions of the city charter.

(3)

At any time the bond or insurance policy of any sign erector is permitted to lapse his license shall be automatically revoked.

(Code 1968, § 42-3)

Cross reference— Businesses, ch. 5.

Sec. 41-5. - Removal of signs advertising defunct businesses, etc.

Any sign which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within ten days after written notification from the enforcement officer, and, upon failure to comply with such notice within the time specified in such order, the enforcement officer is hereby authorized to cause the removal of such sign, and any expenses incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

(Code 1968, § 42-10)

Sec. 41-6. - Painting.

To insure safe signs by the prevention of rust in the structure and to insure clean and sanitary maintenance thereof, the owner of any sign, as defined and regulated by this chapter, shall have properly painted all parts and supports of the sign, at such time when needed, as deemed necessary by the enforcement officer, unless the same are galvanized or otherwise treated to prevent rust.

(Code 1968, § 42-12)

Sec. 41-7. - Design loads, etc.

All signs and other advertising structures shall be designed and constructed in conformity to the provisions for materials, loads and stresses as prescribed in the building code of the city.

(Code 1968, § 42-13; Ord. No. 92-053(sub 1), § 29(b), 7-2-92)

Sec. 41-8. - Obstruction of doors, windows or fire escapes.

No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape.

(Code 1968, § 42-14)

Sec. 41-9. - Conflict, confusion with traffic signals.

(a)

The director of transportation is hereby authorized to order a change in the type of illumination of red or green neon signs which conflict with traffic lights in the city. He may direct the discontinuance of any illuminated sign or structure which he finds obstructs the free and clear vision of motorists or persons on any road, street or highway or which shines into the eyes of such motorists or persons.

(b)

Any sign or advertising structure erected or painted on the exterior of any railroad overpass is hereby prohibited, except if the following requirements are met:

(1)

A permit for erecting the sign or advertisement shall be obtained in accordance with article II, division 2, permits, of this chapter;

(2)

The applicant possesses a signed and fully executed lease from the owner railroad company permitting advertisement upon its premises;

(3)

No sign or advertisement shall be appended, attached or suspended from the overpass, but shall be painted directly upon the exterior;

(4)

An artistic rendering of the sign or advertisement shall be presented to the department of licenses and inspections;

(5)

The sign or advertisement shall not exceed the height, width and length of the overpass;

(6)

Illumination of the sign or advertisement is strictly prohibited;

(7)

The sign or advertisement is to be located in a commercial district;

(8)

Assignment of the lease or permit is prohibited; and

(9)

The applicant is responsible for maintaining the sign or advertisement such that it does not become an eyesore.

(Code 1968, § 42-15; Ord. No. 92-053(sub 1), § 29(c), 7-2-92; Ord. No. 00-005, § 1, 1-27-00)

State law reference— Signs imitating traffic signs prohibited, 21 Del. C. § 4111.

Sec. 41-10. - Gooseneck reflectors and lights.

Gooseneck reflectors and lights shall be permitted on ground signs, roof signs, projecting signs and wall signs; provided, however, that the reflectors are so constructed and arranged to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or on adjacent property.

(Code 1968, § 42-16)

Sec. 41-11. - Spotlights and floodlights.

It shall be unlawful for any person to maintain any sign which extends over public property which is wholly or partially illuminated by floodlights or spotlights.

(Code 1968, § 42-17)

Sec. 41-12. - Nonconforming signs.

Every sign or other advertising structure in existence on July 14, 1958, which violates or does not conform to the provisions of this chapter shall be removed, altered or replaced so as to conform with the provisions of this chapter within one year, except as specifically provided in this chapter. The requirements of section 41-64 shall be complied with in all cases.

(Code 1968, § 42-21)

Sec. 41-13. - Certain signs exempt from chapter; provisos.

The provisions and regulations of this chapter shall not apply to the following signs; provided, however, that such signs shall be subject to the provisions of section 41-41:

(1)

Professional name plates, occupational and other signs on a commercial building not exceeding ten square feet in area, projecting not more than three inches from the wall line.

(2)

Signs painted on the exterior surface of a building or structure; provided, however, that if such signs have raised borders, letters, characters, decorations or lighting appliances, they shall be subject to the provisions of section 41-87 and all other applicable provisions of this chapter.

(3)

Bulletin boards not over 25 square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions.

(4)

Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding 25 square feet in area.

(5)

Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(6)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the city council.

(7)

Signs installed in parking lots that are accessory or ancillary to alcoholic beverage establishments as required by the zoning code, provided that such signs do not exceed 25 square feet in area, do include the name of the establishment and the hours during which it is available for use by patrons of that establishment, do not have or include flashing lights, and are placed in such location as to accomplish directional purposes for motor vehicle drivers, but not so as to constitute predominantly a means of advertising of the subject establishment; further provided, that the installation and location of such signs shall be registered with the department of licenses and inspections in accordance with section 41-42

(Code 1968, § 42-22; Ord. No. 92-053(sub 1), § 29(o), 7-2-92)

Secs. 41-14—41-40. - Reserved.