Division 6. Uses Within the County Right-Of-Way

This division governs the placement of all signs, objects, and other private property within the County right-of-way.

Any sign or object authorized in this Division may contain noncommercial copy or commercial copy as long as the sign remains in conformance with applicable design standards.

Any sign or object required to be placed in the County right-of-way by County, State, or Federal law shall be governed by those laws and not by this Division. The display of street addresses shall not be subject to the provisions of this Division.

The following items are prohibited within the County right-of-way:

Signs placed or remaining within the County rights-of-way in violation of this Division shall be considered abandoned and illegal at the time the sign is placed.

Except as provided in this Division, signs or objects shall not be placed within the County right-of-way unless a permit has been issued by the Department.

An application for a permit shall be submitted on forms provided by the Department.

Each application shall be accompanied by plans, sketches, or photographs which indicate the following:

Public: Signs or objects of a noncommercial nature which are erected by, or ordered to be erected by, a public official in the performance of official duty, or by a governmental agency, such as: safety signs; traffic control signs; signs of historical interest; and names or locations of cities, towns, and villages.

Temporary real estate directional: Temporary signs, not located on the premises being advertised, containing a directional arrow and advertising real estate for sale or lease,

Temporary institutional: Temporary signs pertaining to events sponsored by a church; library; school; hospital; fire station; community center; day care center for children; service, fraternal, or civic organizations; or other similar group.

Except for signs or objects allowed to be placed without a permit, any sign or object placed in the County right-of-way without a permit shall be deemed abandoned by its owner at the time the sign or object was placed shall be deemed illegal and may be subject to removal by the Department without notice. The cost of removal shall be borne by the owner of the sign or object with a minimum cost of $50.00 per sign or object removed. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object.

Except to the extent permitted by Subtitle 27 of this Code, it shall be unlawful for a person to attach any sign or object to a traffic control device, roadside tree, public utility pole, or any other structure located within the County right-of-way. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object.

Except as to illegal signs in the public right-of-way whenever the Director of Public Works and Transportation, or a designated representative determines that a sign or object is unsafe or illegal, the Director or designated representative shall (in writing) order that the sign or object be made safe or removed. The order shall be complied with by the person owning or using the sign or object or, in the case of a gateway sign, the Homeowners' Association or other entity responsible for maintenance within fifteen (15) days after the mailing of the order by the Director. In the event of an emergency situation (when there is an immediate danger to public safety), the unsafe sign shall be made safe or removed without any delay or written order.

If the unsafe or illegal sign or object is not removed or maintained in accordance with the order, the Director or designated representative may have the sign or object removed. The cost of removal shall be borne by the owner, user, Homeowners' Association, or entity responsible for the sign or object. For purposes of this Division, all illegal signs or objects in the County right-of-way shall be deemed an immediate danger to public safety and may be removed by the Department without any delay or written order. Costs of removal by the Department shall be borne by the person or entity responsible for the sign or object with a minimum cost of $50.00 per sign or object removed. Unless rebutted by clear and convincing evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone number, website, email address, trademark or servicemark is contained on the face of the sign or object.

The penalties prescribed in Subtitle 27 of this Code may be invoked if the sign is not removed or maintained in accordance with the order.

The maintenance of an entrance feature, including gateway signs and associated landscaping, shall be the responsibility of a Homeowner's Association or any other entity or person designated in a maintenance arrangement approved by the Department of Public Works and Transportation. Any entrance which has not been maintained in a safe and attractive manner may, for the purpose of this Section, be deemed by the Department of Public Works and Transportation to be an unsafe sign or object.

It shall be unlawful for any person to attach any sign or object to any public utility pole or to the exterior of any other public structure. Unless rebutted by competent evidence, any such sign or object shall be presumed to be owned by and attached by the person whose business name, business address, business telephone, website, email address, trademark is contained on the face of the sign or object.

If a sign or object is placed or erected in the County right-of-way in violation of any of the requirements of the applicable ordinances existing at the time of its erection or placement, the person who erected or placed the sign or object and the person who is presumed to own the sign or object are subject to a civil fine of one hundred dollars ($100) for the first violation, five hundred dollars ($500) for the second violation, and one thousand dollars ($1,000) for the third and subsequent violations and shall be liable for all costs incurred by the County to remove such sign or object. The civil fine shall continue to accrue on a daily basis until the sign or object is removed.

The County may recover all civil penalties and costs of removal of illegal signs or objects through an action in law.

In an action in law to recover civil penalties or cost for the removal of signs or objects in the public rights-of-way, an affidavit by the Director or the Director's designee that describes the illegal sign or object in the public right-of-way, the removal of such sign or object by the Department, the amount of civil penalties, and the costs of removal incurred by the Department shall be deemed prima facie evidence entitling the County to judgment and shall be accorded a strong presumption of correctness and validity, absent clear and convincing evidence to the contrary provided by the defendant.