§ 22-7. Placement and maintenance of signs in public rights-of-way.

(a)

Prohibition. Except for traffic signs installed or authorized by the City of Fort Smith, and except as is provided in subsections (b) and (c) and section 27-704-5(c), it is unlawful for any person or entity to place, cause to be placed, or maintain any sign or banner in any public right-of-way or upon any utility pole, traffic sign, signal or device in any public right-of-way in the City of Fort Smith. The term public right-of-way includes the entire width of all dedicated public rights-of-way as well as all right-of-way used for public purposes by prescription. Subject to contrary determination, there is a presumption that all areas between a public sidewalk and the edge of the adjacent paved street, all drainage ditch areas, and all areas within ten (10) feet of the adjacent paved street are within a public right-of-way.

(b)

Exception. The following temporary signs are exempt from the provisions of subsection (a) above under the conditions, but only under the conditions stated:

(1)

With permission of the adjacent property owner, if any, who maintains the right-of-way area, temporary signs no greater than four (4) square feet in size may be placed in public right-of-way, but not on a utility pole, sign or other device in the right-of-way, in an area not used for vehicular traffic at a time no earlier than Friday at 12:00 noon and, if so placed, shall be removed by the first following Monday at 12:00 noon.

(2)

With permission of the adjacent property owner, if any, who maintains the right-of-way area, nonprofit organizations may place in public right-of-way, but not on a utility pole, sign or other device in the right-of-way, in an area not used for vehicular traffic temporary signs of a noncommercial nature for the purpose of directing the public to the location of an event or activity which promotes the general public welfare; provided no more than three (3) signs directing the general public to such event or activity shall be placed in public rights-of-way and further provided no such temporary sign shall be allowed to remain on public right-of-way for more than seven (7) consecutive days.

(3)

Sandwich board signs are permitted on the sidewalks in the Garrison Avenue Historic District area that is within the Central Business Improvement District. The sandwich board signs must comply with the CBID Design Guidelines.

(c)

Temporary revocable license.

(1)

Except as permitted by subsection (b) and section 27-704-5(c) any person or entity desiring to place a sign within public right-of-way on a temporary basis may petition the Board of Directors of the City of Fort Smith for a temporary revocable license for such use of the public right-of-way. The petition seeking a temporary revocable license for such use shall be filed with the Fort Smith City Clerk, shall be in writing, shall contain a map depicting the proposed location of the use of the public right-of-way, shall identify the dimensions of the sign proposed for temporary placement in the public right-of-way, shall identify the type of the sign by a general category such as "religious", "political", "business advertising", "special event advertising", etc., and shall be submitted in advance of any placement of a sign for which the temporary revocable license is requested. The city clerk shall cause the petition for a temporary revocable license to be scheduled for review by the board of directors. The petitioned temporary sign shall not be placed prior to the issuance of an approved temporary revocable license and its continued placement shall be subject to the terms of the temporary revocable license.

(2)

The city administrator is hereby authorized and directed to prepare a form for potential issuance of a "temporary revocable license" which might be issued by the board of directors to authorize a temporary location of a sign in a public right-of-way and setting the conditions for the removal of the sign upon completion of the term of the license.

(d)

Enforcement.

(1)

Any person or entity violating the provisions of subsection (a) or causing a sign to be located in the public rights-of-way in violation of the provisions of subsection (c) or section 27-704-5(c) shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to the penalties set forth in section 1-9 of the Fort Smith Code of Ordinances.

(2)

The city administrator, by his designated agents, is hereby authorized and directed to remove any sign violating the provisions of this section from the public rights-of-way. Any such sign removed from the public right-of-way is subject to immediate destruction. The city administrator may develop procedures for the temporary impounding of such signs and reasonable efforts of notifying the owners of the signs of their availability of removal from impoundment by the city.

(Ord. No. 38-14, §§ 1—3, 6, 8-5-14)