§ 3-01-015. Temporary signs.

(a)

Scope, signs included. This section shall apply to all signs relating to temporary events, including but not limited to:

(1)

Political campaign signs;

(2)

Signs concerning temporary events.

All such signs shall be called "temporary signs" in this section.

(b)

It shall be unlawful for any person to post a temporary sign at any out of doors location on public property anywhere in the City of Alamogordo; provided, however, that this provision shall not prohibit temporary event signs in areas where other provisions of the Code of Ordinances of the City of Alamogordo allows the same as outdoor advertising displays.

(c)

Removal required. Each temporary sign displayed at any out of doors location on private property anywhere in the City of Alamogordo shall be removed no later than seven (7) days after the event, election, or other matter to which the sign refers. In cases where a general election follows a primary election, those signs for candidates whose names will appear on the ballot in the general election may be displayed during the interim period and up to seven (7) days after the general election.

(d)

Removal of signs. It is the duty of the person or group posting a temporary sign to remove the same on or before the time specified herein for removal. All signs shall be removed by the person or group that placed the same, or by the property owner, on or before such removal is due. Temporary signs in violation of this article are hereby declared to be public nuisances, and may be abated as such by the City. The code enforcement officer or his authorized agents are hereby authorized to remove any temporary sign found posted within the corporate limits of the City when such sign is in violation of the provisions of this article.

(e)

Removal procedure. When the officer or his agents find that a temporary sign has been abandoned in violation of this article, he shall attempt to contact the candidate, committee or person responsible for the posting of such sign. If successful, he shall give seventy-two (72) hours advance telephonic notice of his intention to remove the sign, indicate the nature of the violation and/or the location of the sign. If, after such notification, the temporary sign remains in violation, the officer or his agents shall remove said sign and store it in a safe location. If, after a reasonable diligence, the officer is unable to contact the candidate, committee, or person responsible for the sign, he may dispense with the notice requirement and remove the sign, storing it in a safe location.

(f)

Storage, notice, return. If the officer or his agents remove any temporary sign, he shall keep a record of the location from which the sign was removed. He shall store the temporary sign in a safe location for at least thirty (30) days and shall immediately notify by telephone the candidate, committee, or person responsible for the posting of the sign, indicating the fact of removal and the location where it may be retrieved. If the officer is unable to make telephone contact, he shall provide written notice, if the address of the candidate, committee, or person is known or can be ascertained.

The officer shall return any temporary sign upon the payment of the fee provided for in this article.

(g)

Charge. The City shall be entitled to receive reasonable costs for every temporary sign removed by the officer or the officer's authorized agent, to cover the expense of removal, notice and storage.

(h)

Responsible party. In a campaign for political office, the candidate for such office shall be deemed the person responsible for the posting of temporary signs, unless he first notifies the city clerk and the code enforcement officer of another person who is responsible. In such case, the candidate shall provide the name, address, telephone number, and signed consent of such other responsible person. In a campaign regarding a ballot measure, the president of the committee supporting or opposing such ballot measure shall be deemed responsible, unless he first notifies the city clerk and the code enforcement officer of some other person responsible, in the manner described above. The candidate, or in the case of a ballot measure, the committee president, or other responsible person if so designated, shall be liable to pay any fees or costs for the removal and storage of illegal signs, as set out herein. Further, such candidate, committee president, or other designated person, shall be subject to prosecution for any violation of this ordinance. Nothing in this section shall be interpreted to make any person liable, civilly or criminally, for any sign posted by persons unknown to him or her, or by persons over whom he or she has no control.

(Ord. No. 926, 10-10-94)