§ 7-4. Prohibited signs.

Any sign not specifically authorized in this chapter is prohibited.

It is unlawful for any responsible person to own, operate, use, erect, benefit from, maintain, or permit any of the following signs on any public or private premises:

(1)

Any sign placed in the median of any street, road or highway;

(2)

Any sign placed on the right-of-way of a public road that is not maintained by the city. It is an affirmative defense to this subsection that the placement is authorized by state law;

(3)

Any sign placed on city-owned public property, except when a temporary sign is placed on a privately occupied residential property owned by the city or when authorized by the City of Irving;

(4)

Any sign placed on the right-of-way of a road or highway maintained by the city and that is not in the state highway system. It is an affirmative defense to this subsection that the placement was authorized by state law or the City of Irving. It is an affirmative defense to this subsection that the sign is on a commercial vehicle or commercial trailer lawfully operated or parked. This defense does not legitimate the use of advertising vehicles and trailers prohibited or regulated by this chapter or other law. It is an affirmative defense to subsections (1), (2), and (3) that the sign is required or erected by a governmental authority. It is an affirmative defense to subsection (3) that temporary signs of not more than four (4) square feet may be placed in the public right-of-way from 12:01 a.m. Thursday to 12:01 a.m. of the following Monday;

(5)

Any sign or structure with flashing, blinking, or revolving beam, beacon, or traveling lights, regardless of wattage. It is an affirmative defense to this subsection that the sign is specifically authorized elsewhere in this chapter;

(6)

Any single balloon or other gas or air filled object with an envelope greater than twenty-four (24) inches in any dimension;

(7)

Any sign which, by reason of its size, location, motion, content, coloring, or manner of illumination may be a distraction to traffic or confused with or construed as an official traffic control device, or the light of an emergency or road equipment vehicle, or which hides from view any traffic or street sign, signal, or device;

(8)

Portable or wheeled signs, sandwich or "A" frame signs, sidewalk or curb signs, including those resting on legs, axles, or other structures. It is an affirmative defense to this subsection that the sign is any sign required, authorized, or erected by a municipal, state, or federal government; public utility; or public transportation authority;

(9)

Any sign which emits sound, odor, or visible matter, which may be a distraction to persons within the public right-of-way;

(10)

Any sign on a trash container or dumpster. It is an affirmative defense to this subsection that the sign contains only the company name and related information of the company servicing the dumpster or trash container;

(11)

Any poster, sign, banner, or flag placed on public utility poles or supports. It is an affirmative defense to this subsection that the banner sign is in compliance with subsection (3);

(12)

Any sign or banner for the purpose of advertising alongside or across any street when any portion of the sign or banner extends above the roadway of the street;

(13)

Any revolving sign;

(14)

Any sign which is or becomes dilapidated or in danger of falling or otherwise unsafe;

(15)

Any sign which does not comply with any applicable provision of a building code, electrical code or other applicable code or ordinance of the city;

(16)

Billboards installed after June 3, 1999;

(17)

Pennants or streamers;

(18)

Roof signs;

(19)

Banners except as authorized for special events as provided in subsection 7-3(15);

(20)

Signs on utility boxes;

(21)

Any sign draped over a vehicle;

(22)

Painted wall signs, except as allowed by the Downtown Development District regulations.

(Ord. No. 2009-9034, § 1, 1-8-09; Ord. No. 2009-9059, § 3, 4-9-09; Ord. No. 2010-9216, §§ 9, 10, 10-22-10; Ord. No. 2010-9228, § 6, 12-9-10; Ord. No. 2015-9739, § 1, 11-12-15; Ord. No. 2018-10136, § 1, 11-15-18)