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A. Prohibited Signs. The following signs are prohibited:

1. Signs or sign structures which by coloring, shape, design or location resemble or conflict with traffic control signs or devices;

2. Signs that create a safety hazard for pedestrian or vehicular traffic, as determined by the city engineer or building official;

3. Revolving signs, signs with flashing, rotating, or blinking lights. This includes signs with a changing light intensity or brightness, or which are so constructed and operated as to create an appearance or illusion of motion or animation;

4. Signs that move by force of wind, including feather or sail signs, electrical power, or mechanical means;

5. Signs attached to public property without permission of the government agency owning the same, including, without limitation, trees, utility poles, street lights;

6. Privately installed signs that restrict use or activity of any public right-of-way without permission from the city;

7. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. (This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal course of business, or vehicles which are advertising themselves for sale);

8. Displays of banners, clusters of flags, posters, pennants, ribbons, streamers, strings of lights, spinners, twirlers or propellers, flashing, rotating or blinking lights, strobe lights, flares, balloons or inflated signs over twenty-four inches in diameter, and similar devices of a carnival nature; except those signs that are permitted in accordance with this chapter;

9. Searchlights and beacons;

10. Roof signs, including statues, figures, or objects;

11. Signs employing exposed electrical conduits, ballast boxes, or other equipment;

12. Fabric awning signs and backlit awning signs;

13. Signs for home occupations;

14. Flags in residential zones exceeding twenty-four square feet.

B. Maintenance. All signs and components thereof must be maintained in good repair and in a safe, neat, clean and attractive condition. The premises surrounding a freestanding sign shall be free and clear of rubbish and shall meet the requirements for protective islands and/or landscaping in this chapter. The owner of the lot upon which the sign is located shall be responsible for sign maintenance.

C. Abandoned Signs—Hazardous Signs. Abandoned signs shall be removed by the owner or lessee of the premises upon which the sign is located within six months of abandonment. Signs which constitute a safety hazard to the public shall be removed or made safe immediately.

D. Sign Enforcement—Violations—Penalties.

1. Enforcement. The planning director, or the planning director’s designee, shall have authority to administer, implement, and enforce this chapter. The planning director or planning director’s designee may promulgate regulations consistent with this chapter. The authority of the planning director is not exclusive and is concurrent to another’s lawful authority to enforce the provisions of this chapter, including, without limitation, the jurisdiction of the Everett police department to enforce provisions of this code.

2. Violations. It is a violation of this chapter to fail to comply with or to be in conflict with any provision of this chapter. It shall be a separate offense for each and every day during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

3. Penalties.

a. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be subject to the provisions of Chapter 1.20 EMC.

b. Any violation of any provision of this chapter constitutes a public nuisance which the city can abate by an action in county superior court. The costs of such action shall be taxed against the violator.

c. Penalty and enforcement provisions provided in this chapter are not exclusive, and the city may pursue any remedy or relief it deems appropriate.

4. Removal. Signs not meeting the requirements of this chapter are subject to removal by the city. This includes the following:

a. Signs located on public or private property that create an immediate threat to the safety of the public.

b. Signs that create an imminent danger to persons or property.

c. Signs placed in the public right-of-way that do not meet the requirements of this chapter.

d. Unauthorized signs placed on any utility pole, public property, public building or public structure, or on any traffic sign.

e. Signs placed within the right-of-way without the permission of the abutting property owner may be removed by the abutting property owner or the city.

f. Temporary signs placed within the public right-of-way that may otherwise be allowed by this chapter, but which are in a degraded or dilapidated state due to age, exposure to the elements, or damage may be removed by the city. This includes signs that are illegible.

g. The planning director or his/her designee will attempt to contact the owner after removal of signs. The owner may contact the planning director or his/her designee to retrieve any signs removed. Failure to retrieve within fourteen days from date of removal will result in disposal by the city. The city shall not be responsible for damages or loss incurred during the removal or storage of any sign.

E. Sign Owner Responsibility. By installing any sign in the city of Everett, whether or not a permit is required, the owner of the sign acknowledges responsibility for compliance with this chapter, for the safety of the sign, and for any and all damage to property or injury to person resulting from the sign. (Ord. 3684-19 § 2(A)(Exh. 1 § 3), 2019.)