§ 16.40.120.15. Supplementary sign regulations.

In addition to the regulations prescribed by this sign code, the following regulations for certain types of signs shall apply.

A.

Awning signs (illuminated). The sign area for signs integrated into an illuminated awning shall include the entire area of awning, unless the background color matches the background color of other awnings on the site, if any, and is part of a uniform sign plan for a multi-tenant building, or the background color is not associated with a corporate logo or identity.

B.

Digital or electronic message centers. Digital or electronic message center signs shall comply with the following regulations:

1.

Location . Digital or electronic message center signs are permitted in all zoning districts subject to the following conditions:

a.

Digital or electronic message center signs are prohibited within the boundary of a locally designated historic structure or site. Performing arts venues are exempt from this prohibition with approval of a certificate of appropriateness.

b.

Digital or electronic message center signs may not directly face a residential one- or two-unit property located within a neighborhood zoning district.

c.

Digital or electronic message center signs are prohibited from being inserted into, or added to, nonconforming signs. No variance to this prohibition may be granted and the POD shall not accept any variance application to this requirement therefore.

d.

In neighborhood and corridor residential districts, digital or electronic message center signs shall only be allowed for nonresidential uses on properties with a minimum of 200 feet of street frontage and a minimum of 2.0 acres of land area.

2.

Design. An electronic message center sign shall be permitted only as an integral component of a freestanding sign or, to the extent permitted by these regulations, as an integral component of a building sign. An electronic message center sign shall be compatible with the design of the primary sign structure, including width, depth and color of the cabinet.

3.

Size. An electronic message center sign shall comprise no more than 50 percent of the overall sign area of the sign structure and shall not, in any case, exceed 32 square feet in area.

4.

Dwell time.

a.

Legislative findings and determinations. The recitals (whereas clauses) in Ordinance No. 117-H demonstrate a significant governmental interest and are hereby adopted as the legislative findings of the City of St. Petersburg and are incorporated into the sign code as if set forth in haec verba .

b.

Requirements. The dwell time, defined as the interval of change between each individual message, shall be at least one minute. Any change of message shall be completed instantaneously. There shall be no special effects between messages.

c.

Purpose. The longer minimum dwell time for electronic message center signs that are not large facility signs or digital or electronic off-premise signs is intended to further the significant governmental interests of this sign code, as specified in Section 16.40.120.1 and this section, including uniformity, aesthetics, and safety, by reducing the density of signs with short dwell times and by minimizing the proliferation of signs with short dwell times throughout the City.

5.

Images and messaging .

a.

Consecutive images and messages . Consecutive images and messages on a single electronic changeable message sign face are prohibited when the second message answers a textual question posed on the prior slot, continues or completes a sentence started on the prior slot, or continues or completes a story line started on the prior slot.

b.

Static images and messages . The image or message shall be static. There shall be no animation, flashing, scintillating lighting, movement, or the varying of light intensity during the message. Messages or images shall not scroll and shall not give any appearance or optical illusion of movement.

6.

Brightness.

a.

Each sign shall have a light sensing device to adjust brightness or illuminance as ambient light conditions change in order to ensure that the message meets the following brightness standards. The maximum brightness shall be 0.2 foot candles and shall be measured using the following formula:

i.

Measurement Distance = √ Area of EMC Sign Face (sq. ft.) × 100

b.

The sign face shall not display light that is of such intensity or brilliance to cause glare or otherwise impair the vision of a driver. No sign shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device. Any violation of this section will result in the City requiring the sign owner to turn the sign off or show a "full black" image until the sign can be brought into compliance.

7.

Default mechanism . The sign shall have a default mechanism or setting that will cause the sign to turn off or show a "full black" image if a visible malfunction or failure occurs.

8.

Safety hazard . The sign shall not be configured to resemble a warning or danger signal. The sign shall not resemble or simulate any lights or official signage used to control traffic.

9.

Sign at a place of public assembly . Electronic message center signs at an arena, theater, or other place of public assembly on a site consisting of five acres or more with 1,900 or more fixed seats:

a.

May be attached to a wall or to a free standing sign, or both.

b.

Shall not exceed 250 square feet per side. At such locations, an electronic message center sign is not subject to the size limitations of subsection B.3. of this section.

c.

An electronic message center sign is deemed to be an on-premise sign but may also provide community, governmental and public information announcements.

d.

No variances to this subsection may be granted and the POD shall not accept any application therefore.

10.

Sign at large facility. Electronic message center signs within large facility signs shall not exceed 50 percent of the overall sign area. At such locations, an electronic message center sign is not subject to the size limitations of subsection B.3. of this section.

11.

Sign in neighborhood and corridor residential districts. Dwell time shall be at least 24 hours in neighborhood and corridor residential districts and shall be subject to all other requirements in this section. The display shall be limited to text on a black background.

12.

Fines increased . Any person who violates any provision of this section shall be subject to the following fines:

a.

$300.00 for the first violation.

b.

$500.00 for all subsequent violations.

C.

Flags.

1.

A maximum of three flags per property shall be permitted on properties with lot frontages of 100 feet or less. One additional flag shall be permitted for each 100 feet or less of lot frontage thereafter. For example, a maximum of four flags shall be permitted for properties with lot frontages greater than 100 feet up to 200 feet, and a maximum of five flags shall be permitted for properties with lot frontages greater than 200 feet up to 300 feet.

2.

Up to three flagpoles shall be permitted on any property with lot frontages of 100 feet or less. One additional flagpole shall be permitted for each additional flag that is permitted on the property under paragraph 1. of this subsection. For example, a property with lot frontages greater than 100 feet up to 200 feet would be permitted to have a maximum of four flags and a maximum of four flagpoles.

3.

The maximum vertical dimension of any flag displayed from a flagpole shall be 20 percent of the height of the flagpole upon which the flag is displayed, or in the absence of a flagpole, 20 percent of the distance from the top of the flag to the ground.

4.

Flags which read "model," "open," "open house," or any other phrase which identifies property for sale, may be displayed in the following locations and numbers. The maximum height of such flags shall be eight feet and the maximum size shall be 15 square feet. No more than two such flags shall be allowed at the entrance to any development and not more than two such flags shall be allowed at the site of the model or property for sale.

D.

Large facility signs. Large facility signs for an arena, theater, or other place of public assembly may be permitted as follows:

1.

A maximum of one large facility sign may be permitted if no freestanding or wall signs have been utilized on the site.

2.

Large facility signs may be either freestanding or wall signs.

3.

The following types of display components shall be permitted as part of a large facility sign and may be combined within any one sign face:

a.

The dwell time, defined as the interval of change between each individual message, for electronic message center signs shall be at least ten seconds. Flashing, chasing and scintillating lighting or operations are prohibited.

b.

Tri-vision signs shall not exceed 35 percent of the overall sign area.

c.

Internally illuminated or non-illuminated cabinets and letters.

4.

Operational restrictions. Not less than one-half of the sign area shall at all times provide information relating specifically to the primary use of the site or some form of community, governmental or public information announcement. Less than one-half of the sign area may be on-premises signs providing information relating to products or services available on the facility site.

5.

Such signs shall be permitted only on sites that are contiguous to the interstate highway rights-of-way. Such signs shall be installed adjacent to the interstate highway right-of-way and shall be oriented toward the interstate highway right-of-way.

6.

The area of such a large facility sign shall not exceed the otherwise allowable freestanding and wall sign area not being utilized on the site. A large facility sign shall not exceed 1,700 square feet per side. Two-sided signs shall be permissible.

For the purposes of the area limitations of this subsection, only one side of a two-sided sign shall be counted. No variances to the area limitations may be granted and the POD shall not accept any application for an area limitation variance.

7.

The bottom of the sign frame shall not extend more than 20 feet above the crown of the interstate roadway surface closest to the sign, and the top of the sign shall not extend more than 60 feet above the crown of the interstate roadway surface closest to the sign.

8.

The sign shall be setback a minimum of ten feet from all property lines or such greater distance as may be required by Florida Department of Transportation.

9.

No permit shall be issued for a large facility sign unless the sign is in compliance with the requirements of this sign code and is included in, and consistent with, the uniform sign plan for the site.

10.

Prior to the issuance of a permit for a large facility sign the proposed sign and location thereof shall be reviewed and approved by the Florida Department of Transportation for issues relating to public safety and other issues that may be deemed relevant by that agency. Due to the changeable message capabilities of the electronic message center portion of the large facility sign, prior to issuance of the permit for the sign, the operator of the sign shall enter into an agreement with the City to provide for public service announcements on a regular basis. Such announcements shall be provided regularly throughout the day and year and shall include messages of significant public interest related to safety and traffic matters (e.g., Amber Alerts, traffic hazards and congestion, hurricane evacuation notices, and traffic alerts or advisories) and messages related to City-sponsored and co-sponsored events. Messages shall be posted upon receipt of notice from the City or its designee and shall continue to be posted throughout the duration of the event in a manner designed to provide reasonable and effective notice of the event (such posting shall not be exclusive of other messages).

11.

Sponsor signs shall be allowed in addition to any other permitted signage provided that the number is limited to one sign per acre of the subject parcel and the sign area is limited to 25 square feet per sign. Sponsor signs shall be oriented to the internal auto and pedestrian circulation network, or be attached directly to the large facility structure and associated structured parking. The design of such signs shall be consistent and feature the name, wordmark, or logo of the sponsors only.

E.

Menu signs for drive-through establishments. There shall be not more than two signs per drive-through lane. Each sign shall not exceed 40 square feet and eight feet in height. No speaker shall be oriented to face a single-family residence or a district that permits a residential use, unless buffering is provided.

F.

Off-premises signs.

1.

Number. A maximum of one off-premises sign per zoned lot is permitted.

2.

Lot area. The sign shall be located on a lot or parcel having no less than 50 linear feet of frontage.

3.

Location. Off-premises signs shall be allowed only on sites in the Corridor Commercial Traditional (CCT), Corridor Commercial Suburban (CCS), Employment Center (EC), Retail Center (RC), Institutional Center (IC), Industrial Suburban (IS) and Industrial Traditional (IT) zoning districts that are abutting the interstate or interstate feeders.

4.

Area. The maximum area for an off-premises sign shall be 672 square feet per sign face. Two such sign faces may be mounted back to back on the same sign structure.

5.

Height. The maximum height shall be 25 feet. If the sign is on a parcel contiguous to an overpass or elevated road (excluding service roads) from which the sign is designed to be viewed, the maximum height of the sign shall be measured vertically from the average elevation of the crown of the roadway surface of the overpass or elevated road. The average elevation shall be determined by averaging the elevation of the crown of the roadway surface between the horizontal extensions of the boundary lines of the contiguous parcel upon which the sign is to be located, where such boundary lines intersect the crown of the overpass or elevated road.

6.

Separation requirements. Off-premises signs shall not be located within a radius of 1,500 feet of another such sign on interstate designated roadways, and shall not be located within a radius of 1,000 feet of another such sign on all federal-aid-primary (FAP) designated roadways. Additionally, no off-premises sign shall be placed within 500 feet of residentially zoned property. Residentially-zoned property within the National Highway System, Interstate, and FAP right-of-way shall be exempt from this spacing requirement.

7.

Setbacks. The sign shall be set back behind the front, street side, and side yards required by the applicable zoning district regulations.

8.

Intergovernmental coordination. In those locations at or in proximity to jurisdictional boundaries where inconsistent sign regulations would serve to undermine the purpose and intent of these regulations, the City may enter into an agreement to provide for the basis of regulation in such transition areas; provided, that the operative terms of any such agreement shall be incorporated into these regulations by adoption of an ordinance before such terms may take effect.

9.

Relocation. A lawfully erected off-premises sign may be relocated upon the same site or to an adjoining site under the same ownership, provided that the sign after such relocation complies with the following requirements. No variance from this requirement may be approved and the POD shall not accept any application for any such variance.

a.

Except for such relocated signs, no new off-premises sign may be erected upon any site upon which another building or structure has been erected on the site unless the building or structure is removed prior to or simultaneously with the erection of the sign.

In such cases, after the erection of such sign, no other building or structure except a wall or fencing may be permitted upon the zone lot and no building permit for any building or structure shall be issued which is contingent upon the removal of the sign, unless the owner of the property voluntarily elects to remove the sign.

b.

This paragraph shall not apply when the owner of the land on which a lawfully erected sign is located is seeking to have the property redesignated on the City or countywide future land use map of the Comprehensive Plan for exclusively single-family residential use; in such instances, if the property is redesignated for such residential use, the sign shall be removed prior to the issuance of a permit for any residential building or structure.

10.

Three-dimensional extensions . Off-premises signs may include one or more three-dimensional extensions. Each extension is permitted to project to a maximum depth of five feet beyond the surface of the sign face but not into any right-of-way. Three-dimensional extension(s) on any sign shall not exceed a total maximum area that exceeds 30 percent of the total sign face area. Each three-dimensional extension shall comply with the requirements of the Florida Building Code and shall be required to obtain a building permit when necessary.

G.

On-site directional and directory, major. Directional and directory signs which are located on the site of office/industrial parks, hospitals, colleges/universities, and regional shopping centers (more than 100,000 square feet) shall be permanently installed, and shall require a permit.

H.

Temporary signs.

1.

Temporary signs, banners. Up to two banner signs per site or business shall be permitted in any zoning district, except at residential uses having ten dwelling units or less. Such banners shall be attached to an existing freestanding sign structure or to a legally permitted structure or building. The maximum area of each banner shall not exceed 48 square feet. The maximum period for display shall not exceed 14 days per permit.

2.

Temporary signs, cold-air inflatable. One cold-air inflatable sign per site shall be permitted in commercial corridor, downtown, and suburban center districts. Signs attached to or integrated into inflatable devices shall not exceed 150 square feet. The actual inflatable device shall not exceed 25 feet in any dimension and shall be firmly attached to the ground. The maximum period for display shall not exceed ten days per permit.

3.

Temporary signs, freestanding. One freestanding temporary sign per site shall be permitted in any zoning district except at residential uses having ten dwelling units or less. Such signs shall have a maximum height of eight feet and a maximum area of 48 square feet. The maximum period for display shall not exceed 30 days per permit.

4.

Temporary signs, wind feather. In lieu of a temporary freestanding sign or a temporary banner, one wind feather sign per site or business shall be permitted in any zoning district except at residential uses having ten dwelling units or less. Such signs shall have a maximum height of 15 feet. The maximum period for display shall not exceed 30 days per permit.

5.

Temporary signs, one-way frontage roads. Additional freestanding temporary signs shall be allowed on properties that front on one-way frontage roads, subject to all other provisions of this Code. A maximum of two temporary signs shall be permitted on properties with lot frontages of 100 feet or less. One additional temporary sign shall be permitted for each additional 100 feet or portion thereof of lot frontage (for example, a maximum of three temporary signs shall be permitted for properties with lot frontages more than 100 feet up to 200 feet, and a maximum of four temporary signs shall be permitted for properties with lot frontages more than 200 feet up to 300 feet). Such signs shall have a maximum height of eight feet and a maximum area of 48 square feet. These additional signs shall be allowed on weekends, holidays and twice a year for special events which not exceed seven days per permit.

6.

Frequency. The use of temporary signs shall be restricted to four times per calendar year per site, per business, regardless of the type of sign displayed unless greater restrictions are set forth herein for a temporary sign. A display of temporary signs may consist of any combination of the types of temporary signs listed above; provided, that the maximum period for displays of a sign type shall not be exceeded.

I.

Digital or electronic off-premise signs. Digital or electronic off-premise signs shall only be allowed in conjunction with an approved enforceable agreement that provides for a reduction in the number of off-premise signs in the City, as authorized pursuant to F.S. § 70.20 (2009), of the Bert J. Harris, Jr. Private Property Rights Protection Act. The City may enter into such consensual agreements with sign owners for the removal, reconstruction, and construction of signs. If (a) Section 16.40.120.15(I)(12) (providing for the permanent removal of a minimum of ten static off-premise signs in exchange for the conversion of one remaining sign face to a digital or electronic sign, with affected signs to be designated by agreement, and providing for public service and City-sponsored messages on the digital or electronic sign(s)) of this section is declared invalid, illegal, or unenforceable by a final court order from a court of competent jurisdiction, or (b) any other portion of this section is declared invalid, illegal, or unenforceable by a final order from a court of competent jurisdiction and such court order specifically requires the removal of any digital or electronic off-premise sign constructed in accordance with this section, then, upon such court order becoming final and non-appealable, (i) the authorization for any digital or electronic off-premise sign allowed by this subsection and implemented through an agreement entered into pursuant to this section shall immediately be illegal and null and void; (ii) any digital or electronic off-premise sign that has been constructed pursuant to this subsection of the City Code shall become illegal and, within 30 days of the expiration of the date the order becomes final and non-appealable, must be either demolished and removed at the expense of the sign owner or converted to a static sign at the expense of the sign owner; (iii) any static off-premise signs that were removed in order to construct digital or electronic off-premise signs may be rebuilt, on the same properties on which they were previously constructed and to the same dimensions, subject to the receipt of required permits and compliance with the Florida Building Code, and provided that the following conditions are met: (1) the only static off-premise signs that may be rebuilt are those on Federal Aid Primary (FAP) roadways; (2) if the court order described in this subsection becomes final and non-appealable within five years of the effective date of the ordinance codified in this section, the sign owner shall not rebuild more than 50 percent of the static off-premise signs previously removed under this section and associated agreements; (3) if the court order becomes final and appealable between five years and ten years after the effective date of the ordinance, the sign owner shall not rebuild more than 25 percent of the static off-premise signs previously removed under this section and associated agreements; (4) if the court order becomes final and appealable ten years or more after the effective date of the ordinance, the sign owner shall not rebuild any static off-premise sign previously removed under this section and associated agreements; and (5) any static off-premise sign rebuilt under this subsection shall be classified as a legally nonconforming off-premise sign; and (iv) this subsection of the City Code shall become void and repealed. Digital or electronic off-premise signs shall be permitted, constructed, and operated in accordance with the following standards:

1.

Locations. Digital or electronic off-premise signs shall only be allowed within 100 feet of the right-of-way of the interstate, including the downtown feeders. Digital or electronic off-premise signs are prohibited on the same site as a National Register or locally designated historic structure or within a National Register or locally designated historic district. Digital or electronic off-premise signs are prohibited within 500 feet of a National Register or locally designated historic structure, except where an interstate highway or feeder separates the digital or electronic off-premise sign from the National Register or locally designated historic structure. Digital or electronic off-premise signs are also prohibited within 500 feet of residentially zoned property as defined in this chapter. Distance requirements shall be measured from the leading edge of the digital or electronic sign face to the closest property line of the residentially zoned property.

2.

Separation. Digital or electronic off-premise signs shall be spaced so that a driver cannot read more than one digital or electronic off-premise sign face at the same time, regardless of ownership. Digital or electronic off-premise signs shall be oriented to face traffic on the interstate or feeder right-of-way. A digital or electronic off-premise sign shall be at least 2,500 feet from any other digital or electronic off-premise sign facing the same direction on the same roadway, regardless of ownership. Such distance shall be measured along the centerline of the abutting roadway.

3.

Size. The sign face of each sign shall not exceed 14 feet and 1¾ inches in height and 48 feet and 2¼ inches in width. The area of any border shall be included in the area of the sign face. Such a border shall be black, with no illumination and no writing or symbols other than the identification (name and/or logo) of the sign owner.

4.

Height. The maximum height shall be 25 feet or the height of the existing static billboard that is being replaced, whichever is greater. The height of each existing static billboard to be replaced with a digital or electronic off-premise sign shall be subject to verification by the City prior to the existing billboard being altered, demolished, removed, or converted. The maximum height shall be measured to the highest point of the sign or sign structure, including any border or extensions. If the sign is on a parcel contiguous to an overpass or elevated road (excluding service roads) from which the sign is designed to be viewed, the maximum height of the sign shall be measured vertically from the average elevation of the crown of the roadway surface of the overpass or elevated road. The average elevation shall be determined by averaging the elevation of the crown of the roadway surface between the horizontal extensions of the boundary lines of the contiguous parcel upon which the sign is to be located, where such boundary lines intersect the crown of the overpass or elevated road. Structures upon which digital or electronic off-premise signs will be located may be constructed or reconstructed, as applicable, to support and allow the incorporation of the digital or electronic off-premise signs. This includes permitting construction or reconstruction that meets the current building department standards of wind load and the building code.

5.

The dwell time, defined as the interval of change between each individual message, shall be at least ten seconds. Any change of message shall be completed instantaneously. The dwell time shall not include the time required to change a message. There shall be no special effects between messages.

6.

Consecutive messages on a single electronic changeable message sign face (digital slots) are prohibited when the second message answers a textual question posed on the prior slot, continues or completes a sentence started on the prior slot, or continues or completes a story line started on the prior slot. Nothing in this subsection shall prohibit consecutive messages by the same advertiser or consecutive messages for the same product provided that the second of such advertisements does not answer a textual question posed in the first advertisement, continue or complete a sentence started on the first advertisement, or continue or complete a story line started on the prior slot. For example, consecutive advertisements by a single grocery store advertising the same or multiple products are permitted provided that such advertisements do not answer textual questions, continue or complete a sentence from one slot to the next slot, or continue or complete a story line from one slot to the next slot.

7.

The message shall be static. There shall be no animation, flashing, scintillating lighting, movement, or the varying of light intensity during the message. Messages shall not scroll and shall not give any appearance or optical illusion of movement.

8.

Each sign shall have a light sensing device to adjust brightness as ambient light conditions change in order to insure that the message meets the following brightness standards.

The maximum brightness shall be 0.3 foot candles above the ambient light measured 150 feet perpendicular from the face of a sign that is less than or equal to 300.0 square feet in area, 200 feet perpendicular from the face of a sign that is greater than 300.0 square feet in area but less than or equal to 378.0 square feet in area, and 250 feet perpendicular from the face of a sign that is greater than 378.0 square feet in area.

9.

The sign face shall not display light that is of such intensity or brilliance to cause glare or otherwise impair the vision of a driver. No sign shall display light of such intensity that it interferes with the effectiveness of an official traffic sign, signal or device. Any violation of this section will result in the City requiring the sign owner to turn the sign off or show a "full black" image until the sign can be brought into compliance.

10.

The sign shall have a default mechanism or setting that will cause the sign to turn off or show a "full black" image if a visible malfunction or failure occurs.

11.

The sign shall not be configured to resemble a warning or danger signal. The sign shall not resemble or simulate any lights or official signage used to control traffic.

12.

Prior to the issuance of a permit for construction of the digital or electronic off-premise sign, the operator of the sign shall enter into an agreement with the City in accordance with F.S. § 70.20. The agreement shall specify which existing billboard faces shall be permanently removed and the location(s) of the requested digital or electronic off-premise sign faces. A minimum of ten existing billboard faces shall be permanently removed for each digital or electronic off-premise sign face requested to be approved. All sign faces must be removed from an existing structure in order for each removed face to qualify as a removed sign. The agreement shall require approval by City Council. The agreement shall also provide for public service announcements on a regular basis without charge. Such announcements shall be provided regularly throughout the day and year as specified in the agreement and shall include messages of significant public interest related to safety and traffic matters (e.g. Amber Alerts, Cop Killer Alerts, and hurricane evacuation notices) and messages related to City-sponsored and co-sponsored events.

13.

Upon completion of the demolition, removal, and disposal of any existing sign that is conforming or nonconforming under the Land Development Regulations and that is not replaced by a replacement sign as authorized in an agreement with the City in accordance with F.S. § 70.20, the property upon which the conforming or nonconforming sign was located shall no longer include off-premise signs as a permitted structure except as otherwise expressly authorized by such agreement with the City.

14.

Prior to the issuance of a permit for a sign, the applicant shall provide a letter or other written documentation from the State of Florida stating that either the proposed sign is not subject to State regulation, complies with applicable State regulations, or will comply as proposed with applicable State regulations.

15.

No variances may be granted that would alter any of the provisions of this Section.

16.

This subsection I of Section 16.40.120.15 shall terminate and be of no further force and effect as of the 20th anniversary of the effective date of the ordinance codified in this section. Any agreement entered into between the City and a sign owner pursuant to this subsection I of Section 16.40.120.15 and F.S. § 70.20 shall also terminate and be of no further force and effect as of the 20th anniversary of the effective date of the ordinance. On such 20th anniversary, the sign owner, at its own expense, (i) shall convert any digital or electronic off-premise signs into static off-premise signs, which shall be classified as legally nonconforming off-premise signs or (ii) shall demolish any digital or electronic off-premises signs, remove all debris from the properties upon which such signs are located, and dispose of same in accordance with applicable regulations. The replacement of a digital sign face with a static sign face shall be deemed an acceptable improvement to or alteration of a nonconforming structure or use under this Code.

17.

In connection with the City's issuance of a notice of violation or other process pursuant to Chapter 9 of the City Code, by which the City seeks to enforce the provisions of this section related to an alleged violation of the lighting standards, brightness standards, message sequencing, or minimum message dwell time standards established in this section, six hours shall be deemed a reasonable time for the owner or operator to cure a first-time alleged violation. Any time period in which the digital or electronic changeable message display is turned off while the owner or operator attempts to address or cure the alleged violation shall toll the running of the six-hour period. The fine for a violation of any provision of this section pertaining to a digital or electronic off-premise sign shall be not less than $1,000.00 per day for the first violation, $2,500.00 per day for the second violation, and $5,000.00 per day for the third and subsequent violations.

(Code 1992, § 16.40.120.15; Ord. No. 893-G, § 6(16.40.120.15), 9-4-2008; Ord. No. 965-G, §§ 3, 4, 12-17-2009; Ord. No. 985-G, §§ 52—54, 7-15-2010; Ord. No. 35-H, §§ 3, 4, 6, 7, 8-16-2012; Ord. No. 52-H, §§ 4—6, 11, 11-1-2012; Ord. No. 117-H, §§ 1, 3, 7-24-2014; Ord. No. 166-H, § 9, 5-21-2015; Ord. No. 246-H, §§ 14, 15, 10-20-2016)