A. Enforcement: The Director is authorized and directed to enforce this chapter.

B. Review And Approval: All decisions, approvals, orders, and appeals regarding signs within the regulatory scope of this chapter, including, but, not limited to, decisions on sign permits, shall be made pursuant to the procedures stated in this chapter.

C. Regulatory Interpretations: All regulatory and administrative interpretations of this chapter are to be exercised in light of the town's message neutrality and message substitution policies. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this chapter, then the Director shall approve, conditionally approve, or disapprove the application based on the most similar sign type that is expressly regulated by this chapter.

D. Message Neutrality: It is the town's policy and intent to regulate signs in a manner that is not affected by the topic, idea, or message expressed on the sign; the subject matter of the sign; or the specific motivating ideology, viewpoint, opinion, or perspective of the speaker. This chapter shall be administered and enforced in accordance with such policy and intent. The sign permitting and enforcement process requirements of this chapter shall be limited to the non-communicative aspects of the sign, such as size, height, orientation, location, setback, illumination, spacing, scale, and mass of the sign structure.

E. Message Substitution: Subject to the landowner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting, but is subject to any applicable size limitation applicable to a message containing a noncommercial message. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or the favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.

F. On-Site/Off-Premises Distinction: Within this chapter, the distinction between an on-premises sign and an off-premises sign applies only to commercial messages.

G. Legal Nature Of Sign Rights: As to all signs attached to real property, the signage rights, duties, and obligations arising from this chapter attach to and run with the land or other property on which a sign is mounted or displayed. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they are not in conflict with this chapter or other law), or the ownership of sign structures. This provision does not apply to handheld signs or other images that are aspects of personal appearance.

H. Owner's Consent: No sign may be placed on private property without the consent of the property owner or other person holding the present right of possession and control.

I. No Fee May Be Accepted: A property owner shall not accept a fee for posting or maintaining a sign allowed under this chapter. Any sign that is posted or maintained in violation of this provision is not authorized and is in violation of this chapter.

J. No Interference With Federally-Registered Trademark: The Director shall not refuse to issue a permit under this chapter for the reason that the colors of the proposed sign do not comply with the requirements of this chapter if the colors reflect a Federally-registered trademark.

K. Prospective Regulation: This chapter applies only to signs whose structure has not been permanently affixed to its intended premises on the date that this chapter became effective 1 . Except as provided in section 9-15-21 of this chapter, this chapter does not affect signs that were legally installed and that existed as of the date this chapter first takes effect.

L. Severability: If any section, sentence, clause, phrase, word, portion, or provision of this chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter that can be given effect without the invalid portion. In adopting this chapter, the town council affirmatively declares that it would have approved and adopted this chapter even without any portion that may be held invalid or unenforceable. (Ord. 3, Series 2019)