[HISTORY: Adopted by the Town of Barnstable as indicated in article
histories. Amendments noted where applicable.]
[Adopted 3-4-1924, approved 4-1-1924 (Art. II of Ch. III of the General
Ordinances as updated through 7-7-2003)]
No person, firm, association or corporation shall erect, display or maintain a billboard sign, or other outdoor advertising device, except those exempted by §§ 30 and 32 of Chapter 93 of the General Laws.
A.
Within 50 feet of any public way.
B.
Within 300 feet of any public park, playground or other
public grounds, if within view of any portion of the same.
C.
Nearer than 50 feet to any other such billboard, sign
or other advertising device, unless said billboards, signs or other advertising
devices are placed back to back.
D.
On any location at the corner of any public ways and
within a radius of 150 feet from the point where the center lines of such
ways intersect.
E.
Nearer than 100 feet to any public way, if within view
of any portion of the same, if such billboard, sign or other advertising shall
exceed a length of eight feet or a height of four feet.
F.
Nearer than 300 feet to any public way, if within view
of any portion of the same, if such billboard, sign or other advertising device
shall exceed a length of 25 feet or a height of 12 feet.
G.
In any event if such billboard, sign or other advertising
device shall exceed a length of 50 feet or a height of 12 feet, except the
Town Manager may permit the erection of billboards, signs or other advertising
devices which do not exceed 40 feet in length and 15 feet in height if not
nearer than 300 feet to the boundary line of any public way.
No billboard, sign or other advertising device shall be erected, displayed
or maintained in any block in which 1/2 of the buildings on both sides of
the street are used exclusively for residential purposes, except that this
provision shall not apply if the written consent of the owners of a majority
of the frontage on both sides of the street in such block is first obtained
and is filed with the Division of Highways of the Department of Public Works,
together with the application for a permit for such billboard, sign or other
advertising device.
No billboard, sign or other advertising device shall be erected, displayed
or maintained until a permit therefor has been issued by the Division of Highways
of the Department of Public Works pursuant to the following provisions: Upon
receipt from said Division of a notice that application for permit to erect,
display or maintain a billboard, sign or other advertising device within the
limits of the Town has been received by it, the Town Manager shall hold a
public hearing on said application in said Town, notice of which shall be
given by posting the same in three or more public places in said Town at least
one week before the date of such hearing. A written statement as to the results
thereof shall be forwarded to the Division, containing, in the event of a
disapproval of such application, the reasons thereof, within 30 days from
the date of notice of the Town that an application for such a permit has been
made.
B.
This article shall not apply to signs or other devices
which advertise or indicate either the person occupying the premises in question
or the business transacted thereon, or advertise the property itself or any
part thereof as for sale or to let, and provided further that this article
shall not apply to billboards, signs or other advertising devices legally
maintained, at the time of its approval by the Attorney General, until one
year from the first day of July following such approval.
Whoever violates any of the provisions of this article shall be punished
by a fine of not more than $100, and whoever, after conviction for such violation,
unlawfully maintains such billboard, sign or other outdoor advertising device
for 20 days thereafter shall be punished by a fine of not more than $500.
If any provision of this article is declared unconstitutional or illegal
by final judgment, order or decree of the Supreme Judicial Court of the commonwealth,
the validity of the remaining provisions of this article shall not be affected
hereby.
[Adopted 11-1-1980, approved 2-27-1981 (Art. XXXVII of Ch. III of
the General Ordinances as updated through 7-7-2003)]
No person shall maintain or operate any sign or other such device or
structure visible from any way within the Town which is open to the public,
and which makes use of any moving, flashing or animated lights, or visible
moving or movable parts. Such signs or flashing devices, or portions thereof,
which flash, rotate or otherwise change at intervals not more frequent than
one hour and portions of signs which consists solely of indicators of time
or temperature shall not be deemed to make use of moving, flashing or animated
lights or visible moving or movable parts.
This article may be enforced by any police officer of the Town or by the Sign Control Officer under Chapter 240, Zoning.
Any person violating the provisions of this article shall be punished
by a fine of not more than $200 for each offense. Each day that a violation
hereof exists shall constitute a separate offense.
