Public Places - Third Schedule
Clause 213 - Placards on buildings, posts and footpaths
Signs in, on or over a Public Place must comply with the performance standards of this policy.
This policy is in two parts. Part 1 addresses portable advertising signs outside shops. Part 2 addresses signs which protrude into or hang over a Public Place/space.
Part 1 – The reason for this policy is to allow retailers and business Premises to advertise their business by means of portable display boards without in each individual case having to seek the permission in writing of Council.
The policy also details the manner in which Council staff shall address the problem of signs that are displayed in contravention of the policy.
Part 2 – This policy provides information and performance requirements for other advertising signs which hang or are located in a position where there is potential for the sign to obstruct, obscure or cause injury to users of the Public Place.
No sign which by its location or construction presents a danger, or which may cause injury to the public, is authorised or permitted by this chapter of the Bylaw or policy.
Part 1 – Portable advertising signs outside shops or places of businesses
(a) That general exemption be granted to allow portable display board type signs to be displayed up to 600 millimetres from commercial property holders' boundaries;
(b) That signs may only be displayed outside the Premises to which they apply;
(c) That Officers be authorised to give written notice for the removal of signs which do not comply with this Council policy. Such notice may require the removal of signs within 24 hours or such lesser time as is deemed appropriate, failing which the signs are to be impounded and released on payment of an appropriate fee;
(d) That should any Person repeatedly display signs without Council's consent, or in contravention of this policy that Person shall receive only one 24 hour warning or such lesser time as is deemed appropriate, thereafter it shall not be required that Officers serve written notice prior to the sign being impounded;
(e) Council may dispense with the requirements of this policy where there is no obvious benefit to the community in strict enforcement. A record of dispensations shall be kept at the Council Offices.
It should be noted that the main shopping area of Waimate are included in this policy.
Part 2 – Signs On or Over Public Place
A sign has the meaning given in the District Plan. Providing that temporary signs covered by Part 1 of this policy are excluded.
General Requirements for Construction and Maintenance of Signs
(a) No sign shall be made, erected, or constructed otherwise than in a safe manner and securely fastened to a permanent structure. Signs on the faces of buildings, sky signs and pole signs shall, if required by Council, be designed by a structural engineer and shall be located in a position approved by Council.
(b) Every sign shall at all times be maintained in good repair and condition.
(c) Where a sign is not maintained in good order and condition, or if it at any time becomes unsightly or dangerous, the Council may, by notice in writing require the Owner or lessee to repair or secure or otherwise put in order or remove the sign within a period stated in the notice.
(d) All signs must conform to the following dimensions if they overhang Footpaths, carriageways and/or are connected to verandas:
(i) Minimum height to underside of sign from Footpaths 2.5m.
(ii) Set back, 500mm from an imaginary vertical line from the kerb.
(iii) Veranda fascia sign maximum 900mm in depth.
(iv) Minimum height to underside of sign from carriageway 5.5 metres
Signs Affecting Traffic
(a) No Person shall display, erect, or maintain any sign so close to any part of a Road, motorway, or to any corner, bend, safety-zone, traffic sign, traffic signal, or intersection that in the opinion of the Council may:
(i) Obstruct or be likely to obstruct the view of traffic or of any traffic sign or signal; or
(ii) Distract unduly or be likely to distract unduly the attention of Road users; or
(iii) Constitute or be likely to constitute in any way a danger to the public.
(b) No Person shall place or display any sign containing any reflective material which tends to reflect Vehicle lights, or contains any material dependent for illumination upon the lights of traffic in such a position as in the opinion of the Council would distract or be likely to distract the attention of the driver of any Vehicle.
Signs on Parked Vehicles
In the event of a complaint being received, or if the Council considers a problem is caused by a sign on a Parked Vehicle then the removal of such a sign may be required.
(a) Temporary signs advertising the sale of land on which the sign is situated shall be restricted to a maximum of 0.7 square metres in any location.
(b) Temporary signs advertising a forthcoming event shall be restricted to a size of 3.0 square metres in any rural location and Council may detail a lesser size in other locations.
(c) No temporary signs are permitted on Reserves or Roadsides.
(d) No temporary signs may be attached in any way to power or telephone poles or to fences on any public property.
(e) Signs for elections are not permitted on any Reserves or Roadsides.
Dispensation or Waiver
(a) Where in the opinion of the Council it is not reasonable or practicable to enforce the provisions of this Policy in respect of a particular sign then the Council may, in writing, dispense with the observance of any provision of this Policy upon such conditions as it sees fit to impose.
(b) If the Council dispenses with the observance of any provision of this Part of this Policy then a breach of any condition imposed by the Council shall be a breach of this chapter of the Bylaw.
Removal of Offending Signs
(a) If any sign, whether approved or not, fails to conform to all the provisions of this schedule it shall be the duty of the Owner of the sign to take down and remove or to repair the sign or so much thereof as does not conform to the provisions of this schedule.
(b) The Council may remove any sign that does not comply with this policy or is considered to be hazardous or dangerous and to recover the costs of doing so. In such cases the Council will, where possible, notify the Person or Persons responsible prior to any removal.
Where Council District Plan has rules and policies, these take precedent over rules and policies within these Bylaws.