This section shall be known as the "Billboard Ordinance of the City of Pineville, Louisiana."

(Ord. No. 1394-07, § 1, 2-13-2007)

This section is enacted to provide uniform standards for the location, spacing, height, lighting, and regulation of signs and billboards within the city. The purpose of this section is to protect the health, safety, welfare, convenience and enjoyment of the general public. It is the intent of these regulations to achieve the following:

1.

Enhance the economic value of the landscape by avoiding visual clutter;

2.

Promote the safety of persons and property by ensuring that signs do not create a hazard due to collapse, fire, collision, weather or decay;

3.

Protect the safety and efficiency of the city's transportation network by reducing confusion and/or distraction to motorists and enhancing motorists' ability to see other vehicles, pedestrians, obstacles and traffic signs;

4.

Enhance the aesthetics and impression of the city as it conveyed to tourists and visitors;

5.

Protect adjacent and/or nearby properties from the negative impact of lighting, size, height and location of signs;

6.

Preserve, protect and enhance areas of historical, architectural, scenic and aesthetic value, regardless of whether they be cultural, natural or man-made; and

7.

Encourage and enforce the removal of off-premises signs from designated scenic, cultural, "architectural" or "historic" districts or corridors.

(Ord. No. 1394-07, § 2, 2-13-2007)

For the purposes of this section, and unless the context indicates clearly contradictory intent, words used in the present tense include the future; the singular number includes the plural; the word "shall" is mandatory and not discretionary.

3.1

Abandoned off-premises sign. An abandoned off-premises sign is an off-premises sign which:

1.

Has fallen into disrepair or otherwise deteriorated as a result of a lack of maintenance, repair or upkeep; or

2.

For a period in excess of one hundred eighty (180) consecutive days, carries no advertising message other than a message concerning its availability for lease or hire.

3.2

Bench sign. A bench sign is an off-premises sign with an advertising message on any portion of a bench or other nonmobile structure or device intended for public seating or convenience.

3.3

Billboard. A billboard is a sign owned by a person, corporation, or other entity that engages in the business of selling or leasing the advertising space on that sign or that places its own advertising on said sign.

3.4

Digital billboard. A digital billboard is a sign displaying static/digital images controlled by electronic communications, with each message lasting no less than six (6) seconds and no more than eight (8) seconds, and each transition to alternate messages exercising a transition greater than one second in duration.

3.5

Changeable message sign. A changeable message sign is a sign on which the copy, message or sign panels may be, when specifically issued a permit as a changeable message sign, changed either electronically or manually through the removal, replacement, or rearrangement of letter, symbols, blocks or panels.

3.6

Electrical sign. An electrical sign is any sign containing a motor or wiring, which is connected or attached (or intended to be connected or attached) to an electrical energy source.

3.7

Inflatable sign. An inflatable sign is an inflated object tethered or otherwise attached to the ground, structure or other object, but excluding hot air balloons. This definition includes, but is not limited to, inflated representations of blimps, products, cartoon characters, animals and the like.

3.8

Moving message or changing image sign. A moving message or changeable image sign is any sign, including public service signs, designed to convey sign copy that changes in form or content with greater frequency than once an hour, or which otherwise includes action or motion (or the illusion of action or motion) within its message or sign copy.

3.9

Nonconforming sign. A nonconforming sign is any sign structure or sign which was lawfully erected and maintained prior to or after such time as it came within the purview of the Pineville Code of Ordinances, this section, or any amendments thereto, and which fails to conform to all applicable regulations, restrictions or current city ordinances, or a nonconforming sign for which a special permit has been issued.

3.10

Off-premises sign. An off-premises sign is a sign that directs a person to a premises or location other than the premises or location on which the sign is located; or which identifies advertised goods, products, or services not available on the sign's premises; or which conveys a nonadvertising idea or message; or which identifies or advertises a business, person, firm or corporation not located on or occupying the premises where the sign is located; or which is not otherwise defined as an on-premises sign.

3.11

On-premises sign. An on-premises sign is a sign identifying or advertising a business, person, firm, corporation, activity, goal, product or service located or available on the premises where the sign is installed and maintained; or which is displayed and maintained by the owner or occupant of the premises on which it is located and conveys a nonadvertising or noncommercial idea or message.

3.12

Political sign. A political sign is any sign urging the election or defeat of any candidate seeking any political office, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial firm or advertising company when leased or used as a political sign.

3.13

Portable sign. A portable sign is any sign that is not permanently affixed to a building, structure, or the ground, including signs on movable objects, but not signs on vehicles which are moving or parked only temporarily and are incidental to their principal use for transportation.

3.14

Public directional signs. Public directional signs are either:

1.

Signs permanently or temporarily erected in the public right-of-way or on public properly with the approval of the city council, which denote the name or route to any educational institution, public building or facility, historic place, shrine, church, synagogue, hospital, library or similar facility or institution; or

2.

Signs permanently or temporarily erected identifying a person or entity who has undertaken to plant or maintain landscaping on that portion of the right-of-way.

3.15

Sign area. The area of a sign is defined as the square-foot area enclosed within the perimeter of the sign face, with each face contributing to the aggregate area of any sign. With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms, or panels, the sign area shall be defined as that area enclosed by one continuous line connecting the extreme points or edges of the advertising message. (In cases where there is no definable simple geometric shape, the simplest geometric shape or rectangle enclosing the other edges of the advertising message shall determine the sign area). In cases of back-lighted awnings with advertising messages, the entire area of the awning shall be considered as the sign area.

3.16

Sign height. The height of a sign is defined as the vertical distance from the adjacent street grade or upper surface of the street curb to the highest point of either the sign or sign structure. Elevated roadways shall not be used to measure height.

3.17

Sign owner. A sign owner is that person or entity who owns a sign or billboard and/or who is responsible for a sign or billboard.

3.18

Snipe sign. A snipe sign is a sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

3.19

Street banner sign. A street banner sign is any banner sign that is stretched across and hung over a public right-of-way.

3.20

Sidewalk or sandwich signs. A sidewalk sign is an inverted-"V"-shaped sign that may be placed upright on a sidewalk, floor, or generally flat surface for the purpose of attracting the attention of the traveling and/or pedestrian public.

A sandwich sign is similar to a sidewalk sign. It is an inverted-"V"-shaped sign which may be worn by an individual, draping the sign over the shoulders, as he/she walks, for the purpose of attracting the attention of the traveling and/or pedestrian public.

3.21

Special event sign. A special event sign is a sign that is placed temporarily, for the purpose of attracting the attention of the general public to a specific event, gathering, meeting, contest or other similar occurrence.

3.22

Towable signs. A towable sign is a permanent or temporary sign affixed to, or placed in or upon, any trailer or other device capable of being towed, the primary purpose of which is to attract the attention of the traveling and/or pedestrian public, provided that this definition does not include any signs which are required by any unit of government, and does not include a single sign placed on a single vehicle or trailer at a residence of an individual which sign identifies the vehicle or trailer as being for sale.

3.23

Illegal content signs. An illegal content sign is a sign which contains any content, advertising message, direction, instruction, or other artistic/graphic information which addresses activities, consumer goods, or services, the use of which, or the participation in, is illegal within the city.

(Ord. No. 1394-07, § 3, 2-13-2007)

4.1

Off-premises signs allowable without a permit. Subject to all provisions and requirements of this billboard ordinance, the following off-premises signs may be erected and displayed in any zoning district without the necessity of issuance of a permit by the City:

1.

Public directional signs;

2.

Official notices duly issued by any court, public agency or public officer.

4.2

Off-premises signs allowed by temporary permit only. Subject to all provisions and requirements of this section, the following off-premises signs may be erected and displayed in any zoning district upon the issuance by the city of a temporary sign permit:

1.

Street banner signs;

2.

Special event signs.

4.3

Regulation of other off-premises signs; permitted and prohibited locations.

1.

Illegal content signs are prohibited.

2.

Towable signs are prohibited. It shall be prima facie evidence that a sign is used as a towable sign if a trailer or other similar device capable of being towed is parked off-premises for a continuous period exceeding seventy-two (72) hours. If such signs are incidental to the use of the trailer or other similar device, the trailer or other similar device shall be required to be parked at the rear of, or to the side of the nearest on-site building, in an effort to block the visibility of the signage to as great an extent as possible.

3.

Bench signs are prohibited in all areas, except at locations of approved bus stops, as designated by the official public transportation agency and that are located on highway right-of-ways as listed in article 4.6 of this section as being permitted for billboards. Bench signs are prohibited in the downtown/Main Street area from the base of Gillis Long Bridge to the Main Street entrance of Louisiana College.

4.

Portable signs are prohibited.

5.

Signs illuminated to such intensity or brilliance as to cause glare or impair vision are prohibited. Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area.

6.

Sidewalk and sandwich signs are prohibited.

7.

Snipe signs are prohibited.

8.

Signs which emit a sound, odor or visible matter are prohibited.

9.

Inflatable signs are prohibited from permanent display. The temporary display of an inflatable sign shall be permitted for a duration not to exceed forty-eight (48) hours, and only once per thirty (30) calendar days.

10.

Political signs erected or displayed in any public right-of-way are prohibited.

11.

Any signs that contain statements, words or pictures of an obscene, indecent or immoral character that will offend public morals or decency are prohibited.

12.

Any sign that is of a size, shape, location, movement, content, coloring or manner of illumination that may be confused with or construed as a traffic-control device or that hides from view any traffic or street sign or signal are prohibited.

13.

Signs that are illegal under the State laws and regulations are prohibited.

14.

Signs of the type similar to the revolving beacons of flashing lights used by police cars and ambulances are prohibited.

4.4

Regulation of billboards; setback, height, and clearance requirements. The following regulations shall apply to all billboards:

1.

Minimum setback. Twenty-five (25) feet from any property line or right-of-way line to the base of the billboard.

2.

Maximum height. Thirty (30) feet; provided, however, that the height may be increased by one foot for every foot that the sign is set back from the minimum setback, to a maximum height of forty-five (45) feet.

3.

Minimum clearance between ground level and sign face. Ten (10) feet on signs of one hundred (100) square feet of sign face or greater.

4.5

Regulation of billboard signs; maximum sign area and types.

1.

The maximum sign area of any billboard sign shall be five hundred forty (540) square feet.

2.

Temporary embellishments shall not exceed fifteen (15) percent of the maximum sign area allowed and shall not exceed five (5) feet in height above the billboard structure.

3.

Billboard signs may be back-to-back "V"-type and no more than one face to each face, with such structure considered as one off-premises sign.

4.

No "V"-type billboard signs with a face that protrudes from the opposite face at an interior angle greater than twenty-five (25) degrees shall be permitted.

5.

Double stacking of billboards is prohibited.

4.6

Regulation of billboards signs; permitted and prohibited locations and spacing.

1.

Billboard signs shall be permitted on the Pineville Cottingham Expressway, from the base of the Purple Heart Bridge to the outmost extent of the Pineville city limits. Spacing in this corridor shall be a minimum of one thousand (1,000) feet between signs, measured radially from the base of each sign.

2.

Billboard signs shall be permitted on U.S. 165 from Rocky Bayou Drive to the outmost extent of the city limits. Spacing in this corridor shall be a minimum of one thousand (1,000) feet between signs, measured radially from the base of each sign.

3.

Billboard signs shall be permitted on LA 107 from Forest Avenue eastward to the city limits. Spacing in this corridor shall be at a minimum of one thousand (1,000) feet between signs, measured radially from the base of each sign.

4.

Billboard signs shall be permitted on LA 28 East from Al Street eastward to Edgewood Drive. Spacing shall be at a minimum of seven hundred (700) feet between signs, measured radially from the base of each sign.

5.

Billboards shall be permitted on LA 28 East from Edgewood Drive eastward to the city limits. Spacing shall be at a minimum of one thousand (1,000) feet between signs, measured radially from the base of each sign.

6.

No billboards shall be located within the city except in the areas delineated herein as permitted areas. No billboard sign shall be located within one thousand (1,000) feet, as measured radially of the existing city limits, unless authorized by any extraterritorial jurisdiction agreement with the Rapides Parish Police Jury.

7.

No billboard shall be erected within a five-hundred-foot radius of the nearest property line of any of the following: church, historic site, school, hospital, retirement or nursing home, cemetery, governmental building, public park, and/or playground.

8.

Billboards illuminated to such intensity or brilliance as to cause glare or impair vision are prohibited. Lighting shall be shielded upward to prevent beams or rays from being directed at any portion of a traveled roadway or an occupied residential area.

9.

Any billboard that is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate construction, maintenance, dilapidation, or abandonment, or is not kept in good repair, or is capable of causing electrical shocks to persons likely to come in contact with it or vehicles colliding with it is prohibited.

10.

Billboards that are obsolete, which are not clean and in good repair and/or have a dilapidated appearance are prohibited.

4.7

Regulation of electric signs.

1.

All electric signs, including digital signs, with internal wiring or lighting equipment, and all external lighting equipment used to direct light on signs, shall bear the seal of approval of an electrical testing laboratory, and will require proper installation in accordance with the National Electrical Code. All wiring to billboards or to lighting equipment erected after the effective date of the section must be underground.

2.

Electric signs and/or digital signs shall only be installed after receiving a permit from the city.

4.8

Regulation of political signs. Political signs erected solely for and pertaining to a public election are subject to the following restrictions:

1.

Political signs shall not be erected more than ninety (90) days prior to any primary or general election to which the sign pertains;

2.

Political signs shall be removed within ten (10) days after the general and/or run-off election to which the sign pertains;

3.

Political signs exceeding thirty-two (32) square feet in area may be erected in only Business and Commercial zoning districts.

4.9

Removal and disposition of prohibited signs.

1.

The city's code enforcement officer and employees of the public works department are authorized to remove unlawful signs and structures subject to provisions of this section.

2.

Banners, political signs, sidewalks or sandwich signs, snipe signs and special event signs are all subject to removal. In light of the administrative burden that would be imposed by elaborate procedural prerequisites prior to removal of the types of signs listed in this paragraph, any procedure other than summary removal of these signs, when unlawfully erected and maintained, would defeat the purpose of regulating such signs. Therefore, the mayor or his designee, and the city's code enforcement officer is hereby authorized to direct the removal of such unlawfully erected or maintained signs without notice to the owner of said sign.

3.

Unsafe, obsolete, unclean and/or dilapidated billboards shall be subject to removal in accordance with the same notification, public hearing, and removal and lien procedures as provided for dangerous and dilapidated structures in the Louisiana Revised Statutes.

4.10

Nonconforming billboards.

1.

Billboard structures which are nonconforming shall be governed by the following regulations:

A.

Any billboard existing within the city (or an area annexed to the city) on or before February 13, 2007, the effective date of this section, which, because of its structure (height, square foot area, location or other structural characteristic) does not conform to the provisions of this section, is hereby declared to be "grandfathered in" and shall remain unaffected by the new provisions of this section. All such "grandfathered" billboards are also governed by and subject to the provisions of sections 3.01, 3.02(1), 3.02(3), and 3.02(4) of appendix A of the Pineville Code of Ordinances, which addresses nonconforming structures, buildings and uses of land within the city, said sections being adopted herein as if copied in extensor. If the above listed sections are applied to any grandfathered billboard, the word "billboard" is to be used interchangeably with the words "use," "land," "building" and/or "structure."

In addition, if a grandfathered billboard was nonconforming on the effective date of this section because of location or structure, and said billboard is removed or ceases to remain where it was located for a period of ninety (90) or more days, no billboard of any type can be placed on said location.

B.

Any billboard existing within the city (or an area annexed to the city) on or before February 13, 2007, the effective date of this section, which, because of its content (advertising message, directions, instructions, or other artistic and/or graphic characteristic), violates the provisions of article 3-23 of this section, shall be declared prohibited and must be removed within one year of this section's effective date.

C.

Any billboard which is erected after February 13, 2007, the effective date of this section, which, because of its structure and/or content, does not conform to the provisions of this section, will be declared "prohibited." The code enforcement officer shall give written notice to the permittee or owner thereof or, if he is unable to identify such persons, to the owner of the property on which the sign is located. If the person so notified fails to remove or alter the structure and/or content so as to comply with the provisions of this section within thirty (30) days after receipt of the above notice, such sign or billboard may be removed or altered by the city at the expense of the permittee, sign owner, or owner of the property upon which it is located. Such removal shall be at the expense of the owner or lessee.

4.11

Variances.

1.

Recognizing that the application of the requirements of this chapter may be an undue hardship on certain persons, variances may be granted by the city council.

2.

Each application for a variance under this section shall be in writing and shall state the reasons for the request for a variance. The application shall be signed by the applicant and the sign company, if any, responsible for the sign for which the variance is being requested.

3.

Each application for a variance of the provisions of this Ordinance shall first be reviewed by the zoning commission, which, upon review of the application shall make a recommendation to the City Council regarding disposition of the application.

4.

Within thirty (30) days of the receipt of the recommendation from the zoning commission, the city council shall consider the application for the variance. The city council may grant the variance, grant the variance with conditions, or deny the application.

(Ord. No. 1394-07, § 4, 2-13-2007)

5.1

Compliance with building code.

1.

No off-premises sign shall be constructed, erected, installed, structurally altered, changed or relocated before first securing a permit, except as allowed by this Ordinance.

2.

New, off-premises signs shall comply with the structural requirements of the International Building Code and with the provisions of this section, and any other codes of the city, whichever is more restrictive.

5.2

Wind pressure; design requirements.

1.

Wind pressure. In the design and erection of all signs, the effect of wind shall be carefully considered. All signs shall be constructed to withstand a wind pressure of thirty (30) pounds per square foot.

2.

Design requirements. Before any permit required by this section shall be granted for a billboard, the applicant shall submit to the city a design and stress diagram and/or plans and elevations containing the necessary information to enable the city to determine that such sign complies with all the regulations of this section. When necessary to make such a determination, the city may require engineering data certified and signed by a Louisiana registered structural engineer.

5.3

Information required for permit.

1.

Name, address, telephone number and signature of the owner of the premises granting permission for the construction, operation, maintenance or displaying of the off-premises sign or billboard structure;

2.

Name, address, telephone number and signature of sign contractor, if any;

3.

Legal description and street address of premises or property upon which the off-premises sign is to be located;

4.

Approximate value of the off-premises sign or billboard to be installed, including the installation cost;

5.

Type of sign for which a permit is being sought;

6.

Two (2) copies of a sketch, blueprint, blueline print or similar presentation drawn to scale and dimensioned, showing elevations of the sign as proposed, and the distance to other existing adjacent billboards;

7.

Copy of stress sheets and calculations indicating that the billboard is properly designed for dead load and wind pressure in any direction. The city, upon determining that the sign for which application is made is of such a nature that furnishing the information required hereunder is unnecessary, may waive this requirement.

5.4

Permit contents. Upon compliance with the provisions of this section, the Mayor or his designee shall issue a permit for the off-premises sign or Billboard. Permits shall be numbered and shall contain the following information:

1.

The type of sign as defined in this section;

2.

The street address of the property upon which the sign or billboard is proposed to be located and the proposed location of the sign on the property; in the absence of a street address, an acceptable method of location shall be used;

3.

The fee amount paid for the permit;

4.

The date of issuance.

5.5

Liability insurance required. It shall be unlawful for any person to engage in the business of manufacturing and/or constructing signs or outdoor advertising, or in the business of erecting or maintaining signs within the city, until such person has filed a certificate of public liability and property damage insurance policy, executed by a company authorized to do business in Louisiana, in a sum of not less than three hundred thousand dollars ($300,000.00) for bodily injury in any one occurrence, and not less than fifty thousand dollars ($50,000.00) for damage to property.

5.6

Inspection, maintenance of billboard.

1.

Upon notification by the permit holder, the following required inspections shall be made by the City:

A.

A foundation inspection prior to pouring concrete for any approved billboard;

B.

Final electrical inspection for electrical signs and/or digital signs;

C.

Final inspection for completion of billboard in accordance with approved final plans.

2.

Upon satisfactory completion of the final inspection, a sign identification sticker shall be issued and shall be placed on the billboard at a location designated by the city. The absence of the sticker on a sign shall be prima facie evidence that the sign has been or is being erected in violation of the provisions of the Pineville Code of Ordinances.

3.

Each billboard which has been erected with a permit, and for which a final inspection has been made and a sign inspection sticker is secured, shall be maintained in substantially the same condition as when the final inspection was made and the sign inspection sticker was issued. Failure to so maintain the sign shall constitute a violation of this section.

5.7

Schedule of permit fees.

1.

An initial fee as noted below shall be required for the installation and/or erection of any billboard:

2.

In the event that an off-premises sign or billboard is erected, altered, or relocated without first securing the proper permits, the permit fee shall be doubled and a one-hundred-dollar penalty shall be assessed. Payment of said fee shall not relieve any person from compliance with all the provisions of this section or from any penalty prescribed by law.

(Ord. No. 1394-07, § 5, 2-13-2007)

6.1.

Maintenance of billboard.

1.

Sign maintenance. Each billboard which has been erected in accordance with the provisions of this section shall be maintained in substantially the same condition as when the final inspection was made and the sign inspection sticker was issued. An annual fee of twenty-five dollars ($25.00) will be charged to the owner of every billboard upon completion of the code enforcement officer's annual inspection. Failure to maintain the sign, including exterior painting, shall constitute a violation of this section. The code enforcement officer may, after notice to the owner, order the removal of any off-premises sign that is not maintained in accordance with the provisions of this section. The code enforcement officer shall give written notice to the permittee or owner thereof or, if he is unable to identify such persons, to the owner of the property on which the sign is located. If the person so notified fails to remove or alter the structure so as to comply with the provisions of this section, such sign or billboard may be removed or altered by the city at the expense of the permittee, sign owner, or owner of the property upon which it is located. Such removal shall be at the expense of the owner or lessee.

2.

Premises maintenance. All billboards, and the premises surrounding them, shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.

6.2.

Unsafe and unlawful signs. If the code enforcement officer determines that any sign or other billboard regulated herein is unsafe or insecure, is a menace to the public, is abandoned, is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this section, he shall give written notice to the permittee or owner thereof or, if he is unable to identify such persons, to the owner of the property on which the sign is located. If the person so notified fails to remove or alter the structure so as to comply with the provisions of this section, such sign or billboard may be removed or altered by the city at the expense of the permittee, sign owner, or owner of the property upon which it is located. The city shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The code enforcement officer and/or the building inspector may cause any sign which is an immediate peril to persons or property to be removed summarily without notice.

6.3.

Interpretation and application. The provisions of this section are intended to supplement and to be read and applied in conjunction with all existing laws, ordinances and regulations of this city. The provisions of this section shall not be deemed to have repealed or suspended any such existing law, ordinance or regulation of this city unless such result shall have been expressly stated or be clearly intended by the context and Language of the provision in question. In the event of a conflict in any particular circumstances between the provisions or requirements of this section and the provisions or requirements of any other law, ordinance or regulation of this city, the more restrictive provision or requirement shall apply unless a contrary application thereof is expressly directed or clearly intended by the context and language of the laws, ordinances and regulations in question.

6.4.

Violation.

1.

Any resident of the community who believes that a violation of any of the provisions of this section is occurring may file a written complaint with the city. Such complaint shall fully set forth the acts or omissions constituting the alleged violation and the site or sites at which such violation or violations are alleged to be occurring. The code enforcement officer shall keep a record of complaints received and investigate same in a reasonable time.

2.

In case any off-premises sign or billboard is erected or structurally altered or maintained or used in violation of the provisions of this section, the Mayor, his designee, and/or the code enforcement officer may institute any appropriate action or proceedings to prevent such unlawful act or to prevent any illegal act, conduct or use in or about or concerning any such sign, sign structure or premises. Each day any such violation continues shall constitute a separate violation of this section. The mayor, his designee, and/or the code enforcement officer may call upon the chief of police to furnish necessary personnel to carry out his orders.

6.6. [6.5.]

Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be punished as provided:

A fine no greater than five hundred dollars ($500.00), and/or up to six (6) months in prison.

(Ord. No. 1394-07, § 6, 2-13-2007)