Promote the health, safety and general welfare of the community.

Prevent physical and visual obstructions and distractions to vehicular and pedestrian traffic.

Prevent confusion with regard to traffic and safety lights, signs and signals.

Improve business identification and sign comprehension.

Enhance visibility, and natural and scenic beauty.

Enhance the aesthetic character of buildings, sites, districts and the Town as a whole.

Prevent and reduce visual clutter.

Protect the established character of adjoining properties, both private and public.

Prevent the depreciation of adjoining properties, both private and public.

All permitted signs shall conform to the Schedule of Sign Regulations located at the end of this chapter, except as otherwise provided herein.

Ground signs. A "ground sign" shall mean a freestanding sign, commonly made of wood or metal, or other durable materials, attached to a structure intended and designed to support the sign and which is embedded in the ground or anchored in concrete.

Wall signs. A "wall sign" shall mean a sign painted on, applied on or otherwise attached to the wall or to the eave of a pitched roof of a building.

Window signs. A "window sign" shall mean a sign consisting of decals, card stock or similar material affixed to a window and/or a sign inside a building and which is plainly visible from the outside.

Temporary signs. A "temporary sign" shall mean a sign, commonly made of wallboard or vinyl, or other inexpensive materials, that is not permanently affixed or attached to a building, structure or the ground, and is ordinarily used on a temporary basis.

Any sign not expressly permitted is prohibited. Prohibited signs shall include, but not be limited to, the following and all similar signs:

Externally illuminated sign. An "externally illuminated sign" shall mean a sign illuminated by spotlights.

Internally illuminated sign. An "internally illuminated sign" shall mean a sign illuminated by an interior lighting source emitting light through a translucent material.

No red or green lights or illuminated portions of signs shall be within 100 feet from the point of intersection of the nearest street lines.

Where illumination of signs is permitted, such illumination may only be between sunset and the close of business.

Illumination shall be of even intensity at all times; and such illumination shall measure no greater than 1,000 lumens.

Spotlights shall be shielded to prevent glare, and finished to blend in with the surrounding environment.

In addition to signs permitted pursuant to § 322-69, every site shall be permitted to use such signs as are required by law or by any governmental authority.

Signs erected by governmental authorities, excluding signs erected pursuant to and in discharge of any governmental function, law or regulation, shall comply with this chapter unless otherwise exempt under law or specifically waived by the Town Board.

In addition to signs permitted pursuant to § 322-69, every site with a building shall display the street number(s) in characters three to six inches in height to expedite emergency responses.

Any sign within the Nissequogue River Corridor that requires approval by the New York State Department of Environmental Conservation must have such approval prior to the issuance of a required Town permit.

Any sign within 500 feet of a state park or parkway that requires approval from the New York State Office of Parks, Recreation and Historic Preservation must have such approval prior to the issuance of a required Town permit.

Nothing contained in this chapter shall be deemed to prohibit the use, in any district, of a sign indicating that the premises upon which the sign is located are available for sale or rent.

No sign may be erected or altered unless and until a permit authorizing same is issued by the Chief Building Inspector, except as otherwise provided herein. No sign permit shall be issued for a site not in conformity with any approved site plan.

A sign permit may be revoked by the Chief Building Inspector for a sign that has been altered such that the sign would require a new permit; or such that the sign would be rendered prohibited. Notice of any such condition shall be in writing and shall be served upon the owner or any other person responsible for the sign, either by personal service or by posting same at a conspicuous location at the subject site and sending a copy thereof to such person by certified mail. Upon the failure to correct the condition within 10 days after such written notification, or to establish, within said time period, that no such condition exists, the sign permit may be revoked.

The Director of Public Safety or the Chief Building Inspector may require the repair, removal or other remedial measure with respect to a sign on private property that poses a hazard to public safety. Notice of such requirement and the reasons therefor shall be in writing and shall be served upon the owner or any other person responsible for the sign, either by personal service or by posting same at a conspicuous location at the subject site and sending a copy of same to such person by certified mail. Upon the failure to correct the condition within 10 days after such written notification, or to establish, within said time period, that no such hazardous condition exists, either director may, but shall not be required to, cause the repair, removal or other remedial measure with respect to any such sign. Notwithstanding the foregoing, the Director of Public Safety or the Chief Building Inspector may require or cause the immediate repair, removal or other remedial measure with respect to any such sign, with or without notice to the owner or any other person responsible for the sign, if either director determines that said sign poses an immediate hazard to public safety. Nothing contained herein, however, shall require either director to make any such determination or to so act in accordance therewith. In any instance in which any such sign is repaired, removed or otherwise remediated by the Town, pursuant to this paragraph, in addition to any other fine or penalty provided under this chapter, the Town shall assess all costs incurred for such service against the owner or any other person responsible for the sign, said costs to be recoverable in a civil action in the name of the Town of Smithtown.

Any person who causes or permits any sign to be placed or posted on, within, or encroaching upon or over any Town property and/or including the property within any portion of the entire width of the right-of-way boundary lines of any Town street or highway, or on any appurtenance therein, other than in conformity with this chapter, shall be in violation of this chapter. Any such sign shall be subject to immediate removal and destruction, without notice, as authorized by the Director of Public Safety, the Chief Building Inspector, and/or the department head responsible for the maintenance thereof. In lieu of the administration and enforcement provisions under Chapter 322 Article XV of the Town Code, in any action for an alleged violation of this paragraph, there shall be a rebuttable presumption that a person whose name, telephone number, or other identifying information appears on any such sign shall be in violation hereof, for which such person shall be subject to a civil penalty, for each such violation, in a sum of not more than $50 for the first violation and not more than $100 for each subsequent violation, said penalties to be recoverable in a civil action in the name of the Town of Smithtown.