8-4F SIGN PROVISIONS

ARTICLE F. SIGN PROVISIONS

SECTION:

8-4F-1: Purpose

8-4F-2: Definitions

8-4F-3: Applicability

8-4F-4: Permit Required

8-4F-5: Sign Districts Established

8-4F-6: Official Sign Districts Map

8-4F-7: Sign District Base Provisions

8-4F-8: Exempt Signs

8-4F-9: Prohibited Signs

8-4F-10: General Regulations

8-4F-11: Regulations For Specific Sign Districts

8-4F-12: Regulations For Specific Sign Categories

8-4F-13: Master Sign Program

8-4F-14: Abandoned Signs

8-4F-15: Nonconforming Signs

8-4F-16: Abatement Process

8-4F-17: Administrative Sign Citations and Procedures

8-4F-1: PURPOSE:

The purpose of this article is to promote public health, welfare, safety and a standardized business community consistent with the comprehensive plan by regulating signs of all types.

A. The regulations contained in this article are intended to regulate the use, placement, physical dimensions, and number of signs within the city. More specifically, the regulations are intended to:

1. Ensure that signs contribute to improve the city’s visual character by helping create and support a more attractive, flexible business atmosphere that fosters a healthy and enduring economic environment for all sectors of the community; and

2. Improve the city’s image by promoting quality design that is in accordance with the intended character of the neighborhood as set forth in the comprehensive plan; and

3. Maintain a safe city by protecting the public from damage or injury caused by signs that are poorly designed or maintained, and from distractions or hazards to pedestrians and motorists caused by indiscriminate placement or use of signs; and

4. Recognize that signs are a visual means of limited advertising and location identification for the convenience of the public. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013)

8-4F-2: DEFINITIONS:

ABANDONED SIGN:	A sign that pertains to a business, industry or service that is no longer located on the premises where the sign is located. This includes relocation and the termination of business activities on site.
ADDRESS SIGN:	A sign or portion of a sign utilized to identify the address of a dwelling unit or business.
AUTOMATED SIGN:	A sign with a fixed or changing display capable of displaying words, symbols, figures or images composed of a series of light emitting elements or moving panels or parts; including, but not limited to, tripaneled, digital, electronic message boards, light emitting diodes (LED) signs or signs that in any other way move or create the illusion of movement. This definition does not include signs with copy that is manually changed.
BILLBOARD:	A flat and/or projected display surface, using mechanically or electronically actuated devices, usually elevated aboveground on a pole or structure, used for the purpose of displaying advertisements to the public are considered billboards, unless specifically defined elsewhere in this code.
BUILDING FRONTAGE:	The total amount of contiguous building length that fronts an existing public or private street or common circulation area that has an entrance available for public use. In cases where there is more than one (1) unit within a building the face of the building as a whole, rather than the individual units, shall be used in determining the building’s face and in calculating all wall signs.
BULLETIN BOARD:	A permanent notice board sign utilized for the purpose of leaving public messages. Bulletin boards are intended to be viewed by pedestrians and are often made of a material such as cork.
DECORATIONS:	Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, state, local or religious holiday or celebration.
DIRECTIONAL SIGN:	A sign intended to provide directions for pedestrian or vehicular traffic.
DIRECTORY SIGN:	A wall, freestanding, monument or other sign within a multi-tenant development that is used to convey directions or other information to emergency services, pedestrians and motorists who have entered the boundaries of the development.
ELECTRONIC MESSAGE BOARD:	An automated sign with a fixed or changing display composed of a series of lights that can be electronically or mechanically changed by remote or automatic means (see definition of Automated Sign).
ERECTION OF A SIGN:	The construction, placement, relocation, enlargement, posting or display of a sign.
EXEMPT SIGN:	Any sign as defined by section 8-4F-8 of this article. These signs are exempt from the permit requirements of this article.
EXPANSION OF A SIGN:	Any increase in the dimension of the sign, supporting structure, message surface or messaging capabilities.
FLAG:	A piece of cloth or other similar material usually attachable by one (1) edge to a pole or rope.
FRAME:	A complete, static display screen utilized for message display.
FRAME EFFECT:	A frame transition or visual effect on a message display.
1. Dissolve:	A mode of message transition accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.
2. Fade:	A mode of message transition accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.
3. Flashing:	A mode of message transition where content is displayed one (1) or more times in a brief and sudden burst.
4. Scroll:	A mode of message transition where the message appears to move across the display surface.
FREESTANDING SIGN:	A sign that is attached to, erected on or supported by a structure (such as posts, columns, or other supports) that is not a building.
FULLY SHIELDED:	A lighting fixture with shielding so light rays emitted by the fixture project only below the horizontal plane (less than ninety (90) degrees) passing through the lowest point on the fixture from which light is emitted.
HANGING SIGN:	A sign that is suspended above a pedestrian walkway, attached to the building wall, or overhang typically oriented perpendicular to the building face to which the sign is attached.
HAZARD SIGN:	A sign warning of danger or hazardous conditions.
ILLEGAL SIGN:	A sign that has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.
ILLUMINATION:	A supply of light intended to affect a sign.
1. External Illumination:	A sign that is affected by an artificial light source that is not contained within the sign or awning itself. This includes lighting such as halo lighting, where the light source is located within or behind a sign reflecting light off the mounting surface so as to create the appearance of a halo of light (see Figure 1).

Figure 1: External Illumination

2. Internal Illumination:	Illumination of a sign or awning from a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. This includes characters, letters, figures, designs or outline which is illuminated by gas filled luminous tubes, such as neon, argon or fluorescent.
INTERIOR SIGN:	See definition of window sign.
LED SIGN:	An automated sign comprised of light emitting diodes (LED).
LITHOGRAPH:	Engraving, carving or etching into a masonry surface or inlaid so as to be part of a building.
MANUAL CHANGEABLE COPY SIGN:	A changeable copy sign, any visible part of which is constructed with removable letters and is not electronically changeable.
MONUMENT SIGN:	A sign mounted on a foundation at ground level and with no structural break between the foundation and the signage area.
MULTI-TENANT DEVELOPMENT SIGN:	A sign that identifies two (2) or more business establishments that share a building, vehicle access and/or parking.
NONCONFORMING SIGN:	A sign that does not comply with the provisions of this article but has received applicable permits.
OCCUPANT SIGNS:	A sign indicating the name of the occupant or identification of a home or professional office.
OFF PREMISES SIGN:	A sign that is not clearly incidental to the permitted use on the premises which the sign is located. Off premises signs include, but are not limited to, signs on bus benches, and mobile signs.
ON PREMISES SIGN:	A sign that is located on the same property as the location of the business or service the sign is identifying.
PORTABLE SIGN:	A-frame, T-frame and similar freestanding movable signs.
PROJECTING SIGN:	See definition of hanging sign.
PUBLIC USE:	Government signs that are for traffic control; regulatory; or identify parks, bus stops, greenbelt and pathways, part of an adopted memorial program; or identify other municipal features or facilities.
ROOF SIGN:	A sign located above the parapet on a building with a flat roof, or above the fascia board on a building with a pitched roof.
SIGN:	Any device visible to the public right-of-way or other properties used to communicate commercial or noncommercial information.
SIGN AREA:	The entire copy area within a contiguous perimeter, enclosing the extreme limits of sign display, including any frame or border, but not including any supporting structure. The calculation of sign area is based on one (1) display side if the sign faces are parallel or within thirty (30) degrees of parallel. If the sign faces are not parallel or within thirty (30) degrees of parallel, all sign faces are counted (see Figure 2).

Figure 2: Face Determination

The area of a sign is determined based on the outer dimensions of the frame or cabinet surrounding the sign face (see Figure 3).

Figure 3: Area Determination

The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g., square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements. Signs consisting of individual letters and/or elements will be measured as one (1) sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter (see Figure 4).

Figure 4: Area Determination Individual Letter And Multiple Element Signs

SIGN DISTRICT:	The general district in which all properties are divided allowing for signage based on the desired nature of the future land use as depicted in the Garden City comprehensive map reflected on the sign district map. See section 8-4F-6, figure 7 of this article.
SIGN HEIGHT:	The vertical distance measured from the lowest adjacent grade to the highest point of the sign structure. If the street to which the sign is oriented is higher than the grade at the base of the sign, then the street elevation at the adjacent curb shall be used in determining the permitted height.
SIGN MAP:	The official sign map of the city of Garden City; the visual depiction of the boundaries of the sign districts.
SIGN SETBACK:	The horizontal distance from the closest property line to any portion of a sign or sign structure.
SIGN TYPE:	The designation of materials and/or style of sign construction. Where a proposed sign includes elements of two (2) different sign types, the whole sign shall be considered the type of sign that constitutes more than seventy percent (70%) of the overall sign. Where the sign is constructed of less than seventy percent (70%) of a single sign type, the planning official or designee must determine the appropriate classification of the sign based on the dominant characteristics of the proposed sign. The following are sign types defined by this article:
1. Cabinet Sign (Also Known As Box Sign):	A sign with text or symbols printed on a plastic or acrylic sheet that is mounted on a cabinet or box that houses the lighting source and equipment.
2. Channel Letter Sign:	A wall sign consisting of individual letters, numbers or symbols mounted directly on the face of the building or on a raceway that is mounted to the face of the building (see Figure 5).

Figure 5: These examples of channel letter signs are raceway mounted and pin mounted, respectively.

3. Distinctive Materials/Design Sign:	Permanent custom made signs that do not include a raceway or visible electrical housing and that are constructed primarily of the following materials and/or design methods (see Figure 6).
	a. Ceramic tile: painted or sandblasted;
	b. Wood: carved or sandblasted;
	c. Metal: formed, etched, cast or engraved;
	d. Brick or stone: with recessed or raised lettering;
	e. Glass: painted or etched;
	f. Other: similar high quality exterior grade materials; or superior design approved through design review.

Figure 6: Examples of distinctive materials signs: ceramic, wood, metal and stone, respectively.

STREET FRONTAGE:	The total amount of property line contiguous to an existing public street from which the sign is intended to be visible from, but not including alleyways, parking lots or drive aisles. Frontage is most frequently the front of the lot. Corner lots and double fronted lots may have two (2) sides fronting a public street.
STRUCTURALLY ATTACHED:	Signs on a supporting structure of another sign.
TEMPORARY SIGN:	A sign such as, but not limited to, a banner, poster or inflatable figurine that is not permanently mounted or embedded in the ground.
TIME AND TEMPERATURE:	Display of only time and/or temperature.
WALL SIGN:	A sign which is attached to or painted on the exterior wall of a building with the display surface approximately parallel to the building wall.
WINDOW SIGN:	A sign applied directly onto a window or internal to the window, or is located within the interior of a business and is visible from the public right-of-way or areas accessible to pedestrians. Window signs include, without limitation, the application of words and logos on window glass, the use of hanging signs and paper signs in windows. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013)

8-4F-3: APPLICABILITY:

A. Scope Of Application: The regulations of this article shall apply to properties within the corporate limits of the city of Garden City.

B. Application To Content: Nothing in the provisions of this article are intended to regulate the message content of signs, regardless of whether the message content is commercial or noncommercial. (Ord. 927-10, 2-14-2011)

8-4F-4: PERMIT REQUIRED:

To ensure compliance with the regulations of this article, a sign permit shall be required in order to erect, alter, or reconstruct any sign; or any otherwise nonexempt sign that does not comply with the requirements set forth in section 8-4F-8 of this article. Changing or replacing the copy of an existing lawful sign shall not require a permit, provided the copy does not change the nature of the sign or render the sign in violation of this article.

A. Application: An application for a sign permit shall be filed with development services, and a fee paid pursuant to city council resolution. An application shall be made on a form provided by the city.

B. Review And Approval: The planning official shall review all complete sign applications, and shall approve only those found to be in compliance with all applicable requirements of this article. Should the sign not meet all conditions to be compliant with this article, the applicant may apply for a permit through the design review permitting process whereby the design review consultant(s) shall recommend approval, and the planning official shall approve only those signs found to be compliant with the following:

1. Adhere to section 8-4F-1, "Purpose," of this article; and

2. Implement the vision as set forth in the comprehensive plan; and

3. Establish that the property values and rights of any resident or business owner in Garden City will not be encumbered by the design of the sign; and

4. Demonstrate that the sign provides significant creativity and uniqueness, and the intent is not to merely evade the provisions set forth in this article; or can demonstrate that the sign is an established icon that enhances the community’s assets more than a sign complying with the requirements set forth in this article; and

5. Demonstrate that they are constructed of professional and durable materials, and are not intended to be of temporary nature.

C. Signs Previously Issued Permits: A sign permit shall not be required for changing copy on a sign, repainting, cleaning, or normal maintenance and repair of a sign; or a sign structure for which a permit has previously been issued; provided, that the sign, sign type or sign structure is not significantly altered in any way.

D. (Rep. by Ord. 1032-22, 2-13-2023)

E. Other Permits: Separate building and electrical permits may be required in addition to the sign permit.

F. Appeal: Any person aggrieved by a decision on a sign permit may appeal the planning official’s decision to the Garden City city council pursuant to provisions in section 8-6A-9 of this title. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013; Ord. 1026-22, 9-12-2022; Ord. 1032-22, 2-13-2023)

8-4F-5: SIGN DISTRICTS ESTABLISHED:

For the purposes of this title, the city is hereby divided into the following base sign districts (see section 8-4F-6, figure 7 of this article):

Base Districts	Map Symbol
Sign district 1	SD1
Sign district 2	SD2
Sign district 3	SD3
Sign district 4	SD4
Sign district 5	SD5
Sign district 6	SD6
Specific area plan sign district	SDSAP

A. Purpose:

1. The purpose of the sign districts is to provide for signage to accommodate the full range of commercial intensities that the comprehensive plan has designated, and this title permits.

B. Applicability: The sign districts shall be applied in addition to the standards in the base zoning district. (Ord. 927-10, 2-14-2011)

8-4F-6: OFFICIAL SIGN DISTRICTS MAP:

A. The boundaries of the districts are shown on the official sign district map of the city of Garden City.

Figure 7: Official Sign District Map Of Garden City Idaho, GCC 8-4F-6

1. Signs shall adhere to the district regulations in which the sign fronts.

2. A master sign plan as identified in section 8-4F-13, "Master Sign Program", of this article may be reviewed in conjunction with a master plan subject to design review approval. An approved master sign plan may grant relief to one or more provisions of this article, or may impose additional restrictions provided that section 8-4F-1, "Purpose", of this article is more fully exercised.

B. The official sign map is made a part of this title, as well as such other map or reference documents that are duly adopted.

C. A copy of the official sign map, identified by the signatures of the mayor and the city clerk and amendments thereto, and its effective date, shall be kept in the office of the city clerk, and be available for reference upon request.

D. The official sign district map may be amended over time to allow for additional sign districts that will further advance the creation of unique neighborhoods. (Ord. 927-10, 2-14-2011)

8-4F-7: SIGN DISTRICT BASE PROVISIONS:

A. Sign District 1 (SD1): The purpose of the SD1 is to maintain the areas that the comprehensive plan designates as areas that should be maintained residential in nature, while still allowing the properties whose base zoning or overlay zoning allows commercial uses to utilize signs to identify a business or service without disrupting the intended character of the area. SD1 is located south of the river east of 36th Street to the easterly city limits, north of Adams to the river from Remington Street to 36th Street, north of the river east of Glenwood Street to the city limits, west of Glenwood Street south of the river to Bransetter Road and north of the river to Horseshoe Bend Road. SD1 does not include frontage on State Street, Glenwood Street, Marigold Street, Garrett Street, Bransetter Road, Chinden Boulevard, 36th Street, Adams Street or Remington Street.

B. Sign District 2 (SD2): The purpose of the SD2 is to allow for corridors to be treated as a commercial corridor where there may be conflicting adjacent districts. Specifically frontage on the following streets is designated as SD2: 36th Street/Adams/Allworth Street and Marigold Street/Garrett Street.

C. Sign District 3 (SD3): SD3 caters to the areas that the comprehensive plan has designated as lower intensity commercial areas that are likely to have a mix of commercial and residential uses. SD3 includes frontage on either side of Chinden Boulevard from Coffey Street to the westerly border of the Garden City corporate limits. SD3 is also located from Bradley Street to 36th Street but does not include properties that front on Fenton, 36th Street, Adams Street, Veteran’s Memorial Parkway, or Chinden Boulevard with the exception of the frontage on Chinden Boulevard west of Coffey Street.

D. Sign District 4 (SD4): SD4 allows for signage for areas that are categorized by the comprehensive plan more completely commercial or industrial in nature. SD4 will include frontage on 46th Street east of Chinden Boulevard to Fenton Street, both sides of Fenton Street to and including frontage on both sides of Bradley and Field Streets. This district does not include frontage on Adams Street, Alworth Street, Kent Street, Remington Street or Chinden Boulevard.

E. Sign District 5 (SD5): SD5 provides for signage that harnesses the assets of the high volume of automobile traffic of the arterial roadways while fusing the comprehensive plan’s goal of creating gateways to the city. Included within the SD5 district is frontage on Chinden Boulevard from 36th Street to Fairview Avenue, Glenwood Street north of the Boise River to State Street and State Street.

F. Sign District 6 (SD6): SD6 provides for signage that focuses on advertising to automobile traffic on the arterial roadways while fusing the comprehensive plan’s goals of improving the city’s image through sign design standards. Included within the SD6 district is frontage on Chinden Boulevard from Coffey Street to 36th Street, Glenwood Street south of the Boise River to Chinden and Veteran’s Memorial Parkway.

G. Specific Area Plan Sign District (SDSAP): All signage requirements shall be determined as part of the approved specific area plan upon annexation or any other means of redevelopment. The SDSAP includes frontage on Remington Street and on Coffey Street west of Penny Lane to Chinden Boulevard and frontage on Bransetter Road. The SDSAP does not include frontage on Chinden Boulevard, Alworth Street or Glenwood Street. (Ord. 927-10, 2-14-2011)

8-4F-8: EXEMPT SIGNS:

The following types of signs are exempt from the permit requirements of this article. Exempt signs shall comply with the conditions set forth in this section and all other applicable requirements contained in this chapter. Exempt signs are not included in the calculation of the allowable sign area.

A. Address signs, provided:

1. The address is not a freestanding or monument sign; and

2. The sign does not exceed two (2) square feet for any individual dwelling unit or structure; or eighteen (18) square feet for signs identifying more than one (1) dwelling unit or structure;

3. Address signs identifying more than one (1) unit may be allowed on fences; provided, that:

a. The fence is legal and is in conformance with all applicable Garden City codes; and

b. The fence is a solid fence; and

c. The sign is located at the entrance to the site; and

d. The sign is not internally illuminated.

B. Bulletin board, provided:

1. Does not exceed fifteen (15) square feet in gross surface area.

2. May not be internally illuminated.

C. Signs authorized by the regional transit authority to be located at approved bus stops.

D. Decorations, provided such signs shall be displayed for not more than sixty (60) days in any one (1) year.

E. Directory sign; provided, that:

1. The sign is not located or oriented to attract the attention of pedestrians or motorists from off-site; and

2. The sign does not exceed eighteen (18) square feet in area; and, if freestanding or monument, may not exceed five feet (5') in height including all portions of the structure.

3. In addition to other allowed signs, multi-tenant developments may have one (1) directory sign for each nonaccessory building within the development that is not otherwise calculated in the allowable sign area.

F. Flags: Flags shall be forty (40) square feet or less in size. The cumulative number of flags shall not be greater in size than ten percent (10%) the front of the structure.

G. Hazards, provided sign does not exceed two (2) square feet per face or four (4) square feet in total surface area, limited to four (4) such signs per building.

H. Lithograph; provided, that:

1. The lithograph is not illuminated;

2. The engraving, carving or etching is not otherwise distinguished other than the cut or inlay;

3. Not greater than twenty (20) square feet.

I. Occupant signs not to exceed one (1) for each unit indicating the name of the occupant, identification of business, or professional office, provided:

1. The sign does not use a source of light for illumination; and

2. The sign does not exceed two (2) square feet.

J. Portable Signs:

1. Number: Ground floor businesses with street frontage are allowed one (1) portable sign per street frontage. One (1) portable sign per building frontage may be permitted for upper levels and one (1) for below ground uses.

2. Maximum portable sign area is eight (8) square feet.

3. Location: The portable sign may be located within twenty feet (20') of the primary public entrance to the building either in a vestibule or alcove near a building entrance or near the curb. Signs shall be located so that there is a minimum of five feet (5') unobstructed sidewalk and shall not obstruct pedestrian traffic, bike parking, street furniture, on-street parking stalls or in any way violate Americans with Disabilities Act (ADA) guidelines. Structures set back more than one hundred fifty feet (150') may designate one (1) location per frontage for portable sign(s) at a distance greater than twenty feet (20') from the primary entrance; provided, that all other regulations are met. Not more than one (1) portable sign may be located per a frontage at the same time regardless of number of tenants.

4. Portable signs shall not be illuminated.

5. Portable signs are not required to be permanently affixed to the ground or a structure.

K. Public Hearing: Signs required by the city for notice of public hearing shall comply with the requirements set forth in section 8-6A-7 of this code, and shall be removed within seven (7) days of the public hearing.

L. Public use.

M. Sale, Lease Or Rent: Temporary signs used to offer for sale, lease, or rent the land or buildings upon which the sign is located, provided:

1. The signs do not exceed fifty (50) square feet each in area in nonresidential districts; or the signs do not exceed twelve (12) square feet; or six (6) square feet per sign face each in area in a residential district; and

2. Only one (1) such sign oriented per street front per premises shall be erected. Any two (2) such signs located on the same premises shall be located at least one hundred feet (100') apart as measured using a straight line; and

3. The signs are located on the premises which they identify; and

4. Signs must not be placed in any right-of-way; and

5. Signs shall not be illuminated; and

6. Signs shall be removed if damaged or broken; and

7. The signs are removed within seven (7) days after the real estate closing or lease transaction.

N. Temporary time and temperature.

O. Window/interior sign; provided, that:

1. In all sign districts except SD4 and SD5, window signs in conjunction with all other permitted and exempt signs shall not exceed more than ten percent (10%) of a building face. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013)

8-4F-9: PROHIBITED SIGNS:

The following types of signs are inconsistent with the purposes and standards of this title and are prohibited in all districts:

A. Illegal Sign: A sign that does not comply with the criteria set forth under this article, and has never received the applicable permit as required by the adopted sign ordinance during which the sign was constructed or altered.

B. Moving Signs: Any movement or illusion of movement except as authorized in subsection 8-4F-12A, Automated Signs, of this article.

C. Off Premises Signs: A sign that is not clearly incidental to the permitted use on the premises which the sign is located. Off premises signs include, but are not limited to, unauthorized signs on bus benches and mobile signs. Billboards and directional signs that are off premises signs may be allowed as authorized in section 8-4F-12, Regulations For Specific Sign Categories, of this article.

D. Public Right-Of-Way: Signs within the public right-of-way unless authorized by the agency having jurisdiction over the right-of-way.

E. Roof Signs: Signs located upon or over a roof, or placed so as to extend above the edge of the roof.

F. Structurally Attached: Signs on a supporting structure of another sign.

G. Substandard Material: Permanent signs made of plywood, pressed board, or nonexterior grade wood products, cardboard, broken masonry blocks, sheet metal, etc., except as allowed through design review.

H. Temporary Signs: Signs not permanently affixed or attached to the ground or to any structure, except for signs specifically regulated or exempted through this article.

I. Vehicle Signs: Signs attached to or painted on a licensed or unlicensed vehicle that is located outside of a legal parking stall and in view of the right-of-way when the planning official determines that the vehicle is parked solely for the purpose of displaying the sign to passing motorists or pedestrians (this prohibition does not apply to vehicles that the planning official or designee determines to be regularly used for deliveries, commuting or otherwise integral to the operation of the business). (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013)

8-4F-10: GENERAL REGULATIONS:

The following types of signs are necessary to ensure the public health and safety. The following provisions are required in all zoning districts and are uniform in all sign districts:

A. Addressing Signs:

1. All principal buildings and any structure utilized as a dwelling unit shall be addressed with numbers and/or letters at least four inches (4") or greater, or meet the minimum Ada County addressing standards, whichever is greater. The addresses or unit numbers shall be clearly visible from the street or access drive that the business or dwelling unit fronts on; and

2. All street numbered addresses shall be posted and clearly visible from the street that provides access to the corresponding structure. This requirement does not include suite or unit identification.

B. Building Code: Signs shall be built, constructed and erected in conformance with the requirements of the building code as adopted by title 7 of this code.

C. Directory Signs: In development sites where three (3) or more nonaccessory structures do not have street frontage there shall be a permanent and legible directory map drawn to scale that is clearly visible and accessible from the entrance to the site. The directory sign shall indicate the location of all ingress/egress to the site, driveway locations, drive aisle width and the location of each structure. The directory shall clearly identify the address or addresses of each structure, including applicable unit or suite identification. The address numbering and/or lettering shall be at least four inches (4") or greater. A copy of the directory shall be submitted to the city.

D. Display: Signs that contain more than two (2) display sides shall require a design review.

E. Electrical Code: All wiring, fittings, and material used in the construction, connection, and the operation of electrically illuminated signs shall be in accordance with the provisions of title 7 of this code.

F. Fire Safety Access: Signs shall not be erected in any manner which interferes with free passage from or obstructs a fire escape, downspout, window, door, stairway, ladder or opening intended as a means of ingress or egress or providing light or air in accordance with the provisions of title 7 of this code.

G. Illumination: Any illuminated sign or lighting device shall emit a light of constant intensity. Lighting shall be fully shielded. No illuminated sign or lighting device shall be placed or directed in a way that allows beams of light and illumination to be directed or beamed upon a public right of way or adjacent property which causes glare or reflection that may constitute a traffic hazard or nuisance.

H. Maintenance: All signs shall be continually maintained in a state of good appearance, safety and repair throughout their life. All signs shall be plainly marked with the name of the person responsible for maintenance of the sign. Should any sign become structurally unsafe, damaged, broken, rusted or a safety hazard, the person responsible for the sign maintenance, upon written notification by the city, shall be required to return the sign to a safe condition or remove the sign.

I. Raceway: Any visible raceway must be painted or otherwise designed to match or blend in with the color of the wall to which it is attached.

J. Other Jurisdictions: Signs along the state highways and the Ada County highway district (ACHD) rights of way shall conform to the regulations of Idaho transportation department (ITD) and ACHD, respectively, in addition to this code.

K. Overhead Electrical Conductors: Signs shall be located more than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts.

L. Residential Frontage: Unless the sign is the only sign on premises, no signs shall be placed so as to front on an existing residential use; such signs utilized for businesses open to the public during hours of darkness shall turn off lighting to the signage at the close of business each evening. The lights shall remain off except during the operations of business hours.

M. Setbacks: Signs must comply with the clear vision triangle set forth in section 8-4E-3 of this chapter; and comply with the setbacks required within the adopted street sections. For the purpose of this article the clear vision triangle shall also pertain to any driveway or drive aisle located within a development site.

N. Trees: Signs must be placed so as to not interfere with existing or future growth of trees. (Ord. 927-10, 2-14-2011)

8-4F-11: REGULATIONS FOR SPECIFIC SIGN DISTRICTS:

A. SD1:

1. Maximum number of signs shall be limited to one per building face. This number does not include exempt signs.

2. The sign must be a distinctive materials sign.

3. Illumination on all signs erected after the passing of this article must be external illumination.

4. Businesses must turn off lighting to signs that are internally illuminated or not fully shielded at ten o’clock (10:00) P.M. or close of business, whichever is later.

5. Lighting may be further limited to ensure compatibility with adjacent residential uses.

B. SD2:

1. Maximum number of wall signs shall be limited to one per unit for each face not to exceed a sign area of greater than ten percent (10%) of the face. This number does not include exempt signs.

2. Illumination on all signs erected after the passing of this article must be external illumination.

3. Businesses must turn off lighting to signs that are internally illuminated or not fully shielded at ten o’clock (10:00) P.M. or close of business, whichever is later.

4. Lighting may be further limited to ensure compatibility with surrounding adjacent residential uses.

C. SD3:

1. Maximum number of wall signs shall be limited to one per unit for each face not to exceed a sign area of greater than ten percent (10%) of the face. This number does not include exempt signs.

2. Illumination may be either external or internal illumination.

3. Businesses must turn off lighting to signs that are internally illuminated or not fully shielded at ten o’clock (10:00) P.M. or close of business, whichever is later.

4. Lighting may be further limited to ensure compatibility with adjacent residential uses.

D. SD4:

1. Illumination may be either external or internal illumination.

2. Businesses are not required to turn off lighting to signs at the close of business providing that the lighting is found compatible with adjacent residential uses.

E. SD5:

1. Illumination may be either external or internal illumination.

2. Businesses are not required to turn off lighting to signs at the close of business providing that the lighting is found compatible with adjacent residential uses. (Ord. 927-10, 2-14-2011)

F. SD6:

1. Illumination may be either external or internal illumination.

2. Businesses are not required to turn off lighting to signs at the close of business providing that the lighting is found compatible with adjacent residential uses. (Ord. 944-12, 5-14-2012)

G. SDSAP:

1. All signs within the specific area plan are subject to the criteria established in the specific area plan approved for subject property. (Ord. 927-10, 2-14-2011)

8-4F-12: REGULATIONS FOR SPECIFIC SIGN CATEGORIES:

A. Automated Signs:

1. Automated signs shall be allowed in either freestanding or monument signs in sign districts SD6, SD5 and SD4; and, shall be prohibited in all other types of signs and in all other sign districts. (Ord. 944-12, 5-14-2012)

2. All automated signs that utilize light to create change may change frame content through dissolve, fade or scroll features only. No sign shall be operated in a manner which the sign, sign structure, design or pictorial segment of the sign shows full animation, growing, flashing, rotating content, or otherwise create an illusion of movement.

3. The signs shall only change frame content not more than every eight (8) seconds. The change of content must change immediately within a period of less than one second.

4. Based on brightness measured in nit (an illuminative brightness measurement equivalent to 1 candle per square meter measured perpendicular to the rays of the source), automated signs that utilize light to change frames shall contain an auto dimmer allowing for no more than five thousand two hundred (5,200) nit illumination between sunrise and sunset and up to three hundred (300) nit illumination between sunset and sunrise.

5. The automated sign portion of any sign should be constructed into the sign in a manner in which it is subordinate to the overall design of the sign. The automated sign portion of any sign shall not exceed thirty percent (30%) of the face of the sign of any single tenant sign and shall not exceed fifty percent (50%) of the face of any multi-tenant sign.

6. Where more than one sign is allowed per development site (such as where there is a second street frontage), only one sign may contain an automated sign.

7. The addition of an automated sign to any nonconforming sign is prohibited.

8. Any conforming existing sign or portion of a conforming existing sign that is refaced with an automated sign shall require a permit.

B. Billboards:

1. No new billboards shall be allowed. Existing billboards may be modified or replaced structure for structure, with successful obtainment of a conditional use permit with council approval and design review approval. All of the following findings shall be made in permitting a billboard modification or replacement in a new or existing location:

a. Billboards may be permitted in SD5 and SD6 only; and

b. "Structure for structure" indicates same or type, size, height and illumination of sign. However, there may be allowances for reduction in size, height, or illumination or the replacement of a billboard that has moving or automated components with nonautomated or nonmoving components; and

c. That the billboard is a legal nonconforming use; and

d. That the location and placement of the billboard will not endanger motorists or pedestrians and does not interfere with the clear vision triangle at street, railroad, or street-driveway intersections; and

e. That the billboard will not cover or obstruct any prominent view of a structure, feature, or facade of historical, cultural, environmental or architectural significance; and

f. That the billboard will not obstruct views of users of adjacent or nearby properties (including "rim" properties) or buildings to side yards, yards, or to nearby open space, including views of distant vistas; and

g. That the billboard will not negatively impact the visual quality of a public open space such as a park, recreation facility, square, plaza, courtyard and the like; and

h. That the height of the billboard is compatible with the heights of buildings within the immediate area of three hundred feet (300') radius from the billboard. Where the view of the billboard is obstructed by a building or buildings on the same or adjacent properties, or where the view to the business or businesses located on the same or adjacent properties would be obstructed by the placement of the billboard, the height of the billboard may not exceed the height of the building on the same or adjacent property by more than twelve feet (12'). For safety reasons the minimum clearance of a billboard shall never be less than eight feet (8'). Height of billboards located in undeveloped areas; an area where no buildings are within three hundred feet (300') shall not exceed twenty-two feet (22') above grade; and

i. Any illumination or lighting device shall emit a light of constant intensity. No billboard shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. Lighting shall be fully shielded. In no event shall an illuminated billboard or lighting device be placed or directed to permit the beams and illumination therefrom to be directed or beamed upon a public thoroughfare, device be placed or directed to permit thoroughfare, highway, sidewalk or premises which causes glare or reflection that may constitute a traffic hazard or a nuisance; and

j. No billboard shall contain automated components such as fixed or changing display capable of displaying words, symbols, figures or images composed of a series of light emitting elements; including, but not limited to, electronic message boards and light emitting diodes (LED); and

k. Billboards may not move, give illusion of movement, make noise or emit smells; and

l. The minimum separation from any other freestanding or monument sign is fifteen hundred lineal feet (1,500'); and

m. The billboard including placement, design and associated landscaping, is designed in a safe, sustainable manner that enhances visual character of the community.

C. Directional Signs:

1. Directional signs may be on premises or off premises.

2. There may be no more than one directional sign for every three hundred (300) linear feet of travel in the same direction.

3. Signs shall not be placed in the right of way.

4. Directional signs shall not exceed eight (8) square feet.

5. Directional signs shall be located within three thousand feet (3,000') of the business or service that the sign is distinguishing.

6. Directional signs shall not be illuminated.

D. Freestanding And Monument Signs:

1. Interference: Freestanding and monument signs should not hamper or interfere with pedestrian access, bike or transit facilities.

2. Streetscape Standards: Freestanding and monument signs shall comply with and reflect all adopted streetscape standards.

3. Visibility Of Adjacent Signs: Freestanding and monument signs shall not be located in a manner so as to block the visibility of adjacent signs.

4. Pole Covers: Pole covers are required.

5. Maximum Number:

a. One freestanding or monument sign for every one hundred (100) linear feet of public street frontage or thirty thousand (30,000) square feet of parcel area up to a maximum of three (3) freestanding and/or monument signs per parcel.

b. One sign for parcels with less than one hundred (100) linear feet of public street frontage or thirty thousand (30,000) square feet of parcel area.

c. For parcels located on a corner, the calculation of linear feet shall be based on one hundred percent (100%) of the linear feet on the principal public street and fifty percent (50%) of the linear feet on the secondary public street.

d. Only one freestanding or monument sign shall be allowed per business per frontage, unless otherwise approved by the planning official after a recommendation of approval by the Garden City design review consultant(s) as per section 8-6B-3 of this title.

6. Dimension And Location Standards: See table 8-4F-1 of this section.

	SD3	SD4 And SD5	SD6
Maximum sign height	7’	12’	18’
Maximum height of structure	8’	14’	20’
Maximum depth	2’	2’	2.5’
Maximum sign area:
Cabinet	Up to 15 sq. ft.	Up to 50 sq. ft.	Up to 50 sq. ft.
Channel letter sign	Up to 25 sq. ft.	Up to 50 sq. ft.	Up to 50 sq. ft.
Distinctive materials/design sign	Up to 35 sq. ft.	Up to 70 sq. ft.	Up to 60 sq. ft.
Minimum separation from any other freestanding or monument sign	50’	180’	180’
Minimum side yard setback	25’	25’	25’

a. The location standards shall pertain to all portions of the sign, footings, and supporting structures.

b. All portions of the footings and supporting structures aboveground may not be larger than forty percent (40%) of the size of the sign area.

c. All signs must comply with standards set forth by the transportation agency whose jurisdiction presides over the frontage being utilized.

d. Properties that do not have sufficient frontage to meet the minimum separation from signs on adjacent properties shall be allowed to have up to one freestanding or monument sign in districts that allow freestanding and monument signs provided that all other provisions of this article are met.

7. Exceptions: Monument signs may be allowed in SD1, SD2 or SD3 sign districts provided that:

a. They are for a residential or mixed use subdivision, manufactured home park, or multi-family complex greater than three (3) units where one or more of the units do not have street frontage; or a nonresidential use where one or more of the units does not have street frontage.

b. The monument sign has indirect illumination or is not illuminated, is made of distinctive materials, not greater than five feet (5') in height, including structure; one and one-half feet (1.5') in depth; the sign area is no greater than fifteen (15) square feet per face or thirty (30) square feet total; and set back three feet (3') or more from the property line.

c. The sign meets all other requirements of this subsection.

E. Hanging (Or Projection) Signs:

1. Location Standard:

a. Allowed in all sign districts.

b. Below eave or parapet line of building when applicable.

c. Signs shall maintain eight foot (8') vertical clearance from sidewalk or adjacent grade.

d. Top of signs shall not be any higher than twenty feet (20') above adjacent grade.

2. Projection:

a. Hanging signs shall not project more than thirty inches (30") from face of building in the SD1 and not more than five feet (5') in all other districts, or two feet (2') from curb in any district, whichever is greater.

3. Dimension And Location Standards: See table 8-4F-2 of this section.

TABLE 8-4F-2
HANGING SIGN DIMENSION STANDARDS

(A blank space denotes that a sign is not allowed in that district.)
Hanging Signs	SD1	SD2 And SD3	SD4, SD5 And SD6
Maximum sign area:
Cabinet		Up to 20 sq. ft.	Up to 30 sq. ft.
Channel letter sign		Up to 20 sq. ft.	Up to 30 sq. ft.
Distinctive materials/design sign	Up to 8 sq. ft.	Up to 40 sq. ft.	Up to 60 sq. ft.

Hanging or projecting sign area may be substituted for sign area allowed through the wall sign provisions provided that this does not conflict with the above location and dimensional standards.

F. Temporary Signs:

1. Temporary signs may be located in the SD2, SD3, SD4, SD5 and SD6, and are prohibited in the SD1 sign districts.

2. Temporary signs shall not be permanently affixed to the ground or a structure.

3. Temporary signs shall not be illuminated.

4. Temporary signs are allowed for up to two (2) events in a calendar year of January 1 through December 31 and shall not be displayed for more than a total of thirty (30) days each.

5. Temporary signs shall be on the premises signs only.

6. Temporary signs shall be removed before or by the completion of the thirty (30) day period.

7. Signs shall be removed within three (3) days if damaged or broken.

8. Temporary signs may not exceed thirty-two (32) square feet in size.

9. A maximum of two (2) such temporary signs, in addition to window signs, may be displayed at any one (1) time.

10. Temporary signage including all permitted and exempt signs may not exceed more than ten percent (10%) of the front building facade unless in the SD4 or SD6 sign designation.

11. The temporary signs must be located on the frontage.

12. The temporary sign must comply with the freestanding and monument sign setback requirements.

13. Temporary signs shall not interfere with the clear vision triangle. In no case shall a temporary sign be placed within the public right-of-way, unless otherwise authorized by the transportation authority.

14. Businesses that have an automated sign or are in a business park or subdivision where there is a multi-tenant sign containing an automated sign shall not qualify for temporary signs.

G. Multi-Tenant Signs:

1. Multi-tenant signs shall conform to the provisions set forth in this section for freestanding and monument signs.

2. When visible from a street that the posted speed limit is thirty five (35) miles per hour or greater the minimum letter/number/logo size shall be four inches (4") or greater. The maximum size of sign may be increased to allow each business tenant within the development one display with their business name and/or logo at four inches (4") in size.

3. Identification of park or subdivision name shall not be included in the calculation of sign area provided that:

a. It is included on a single structure along with tenant sign panels; and

b. It constitutes less than twenty percent (20%) of the calculated sign area; and

c. It consists of distinctive materials, design or artistic character; and

d. The sign is part of an approved master sign plan in accordance with subsection 8-4F-6A2 of this article.

4. Branding images, logos, fonts and colors may be used provided that:

a. Panel sizes are consistent; and

b. Panels are designed with a unifying style and format.

H. Wall Signs:

1. Location Standard: Wall signs shall be placed on an exterior wall visible from or fronting on a street, thoroughfare or common parking area associated with a clear public entrance for the subject business.

2. Dimensional Standards: See Table 8-4F-3.

TABLE 8-4F-3
WALL SIGN DIMENSION STANDARDS

(A blank denotes sign is not allowed in that district.)
Wall Signs	SD1	SD2 and SD3	SD4, SD5 and SD6
Maximum Sign Area
Cabinet		Up to 20 sq. ft.	Up to 30 sq. ft.
Channel Letter Sign		Up to 40 sq. ft.	Up to 60 sq. ft.
Distinctive Materials/Design Sign	Up to 8 sq. ft.	Up to 60 sq. ft.	Up to 90 sq. ft.

a. The total signage shall not exceed more than ten percent (10%) the area of the overall building face on which the sign is located may be utilized for signage.

b. Buildings that are set back more than one hundred fifty feet (150') from the right-of-way may increase the size of a distinctive materials/design sign up to one hundred eighty (180) square feet; provided, that it does not exceed more than ten percent (10%) the area of the overall building face.

c. Up to five hundred (500) square feet for signage may be allowed on any given building face so as long as the total signage does not exceed subsection H2a of this section (see Figure 8).

Figure 8: Wall Sign Calculation

3. Projection: Wall signs shall not project more than two feet (2') from the face of the building where the business is located.

4. Sign area on, attached to or suspended from awnings, canopies or marquees may be substituted for sign area allowed through the wall sign provisions; provided, that:

a. May not be backlit translucent; and

b. Signs on or attached to awnings shall maintain eight foot (8') vertical clearance from the sidewalk or adjacent grade. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013; Ord. 1026-22, 9-12-2022)

8-4F-13: MASTER SIGN PROGRAM:

A. Purpose: The purpose of the master sign program is to encourage the integration of signs into the site and building design of new commercial and mixed use development. Through this integration, the intent is to allow flexibility in the criteria as set forth in sections 8-4F-11 and 8-4F-12 of this article and promote improved quality of design.

B. Applicability:

1. The following shall include a master sign program as part of the application for design review:

a. All new development in the commercial, industrial and mixed use zoning districts, with more than one building or occupant shall include a master sign program as part of the application for design review; or

b. A remodel or renovation that has nonresidential use(s) and more than one building or occupant where a structural addition adds more than twenty five percent (25%) increase in gross floor area of any existing building on site; or

c. Any storefront renovation that has nonresidential use(s) with more than one building or occupant where more than twenty five percent (25%) of the facade of any store is altered, replaced, rehabilitated or restored; or

d. Any lot improvements that has nonresidential use(s) with more than one building or occupant that change more than twenty five percent (25%) of the site area.

C. Standards:

1. Signs shall incorporate materials, colors and design that are compatible with and complement the scale and design of the building for which the sign identifies.

2. Multiple signs on the same parcel shall reflect common design elements including materials, color, letter style, illumination, sign type and sign style.

3. Sign height and placement of similar sign types shall be consistent throughout the development site.

4. Sign size, height or placement shall not impede pedestrian patterns.

5. Signs that exceed the standards set forth in sections 8-4F-11 and 8-4F-12 of this article shall demonstrate superior quality, creativity, or artistry and integration with the buildings and site.

6. For wall signs on buildings with attached units, the building as a whole shall be used rather than the individual units in determining frontage. The total sign area of all wall signs on all units will be calculated from this frontage.

7. After approval of a master sign program, no signs shall be constructed except in conformance with such plan. Upon approval, the sign program shall apply to all existing and future tenants.

8. Where the master sign plan may conflict with this code, this code will supersede the applicant’s master sign plan unless specifically conditioned in approval by the reviewing board in conformity with subsection C5 of this section. (Ord. 927-10, 2-14-2011)

8-4F-14: ABANDONED SIGNS:

A. Abandoned Nonconforming Signs: Any nonconforming sign located on property which pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding twelve (12) consecutive months shall be deemed as abandoned. A nonconforming abandoned sign is prohibited and shall be immediately removed upon notice by the city or brought into full compliance with this article by the owner of the abandoned nonconforming sign or owner of the property.

1. If the abandoned nonconforming sign remains vacant, at the end of twelve (12) consecutive months the permit for the subject sign shall be considered void, and will become an illegal sign.

2. The sign shall be removed by the property owner or the sign owner by the end of the twelfth month.

3. Should the property owner or the sign owner not remove it within the time designated, the city may remove the sign at the expense of the property owner or owner of the sign.

B. Abandoned Conforming Signs: Any abandoned conforming sign located on property which pertains to a time, event, business, or purpose which no longer applies to that property and has been continuously vacant for a period exceeding thirty (30) days shall be deemed as abandoned. Abandoned sign structures conforming to this article may remain. However, the business name panels shall be removed immediately. Such conforming abandoned signs shall be maintained in a safe and aesthetically pleasing manner. (Ord. 927-10, 2-14-2011)

8-4F-15: NONCONFORMING SIGNS:

A. All signs nonconforming to the requirements of this article after the date of passage hereof are subject to this section.

B. A nonconforming sign, including structure, must be removed or modified to comply with the regulations set forth in this article, if demolished or destroyed to an extent exceeding seventy five percent (75%) of the assessed value. A nonconforming sign and sign structure subject to removal under this subsection must be removed by the owner of the nonconforming sign or the owner or lessee of the property. If the owner or lessee fails to remove the nonconforming sign, the city must give the owner/lessee written notice of the requirements of this subsection and it must be removed within thirty (30) days of such notice.

C. Nonconforming signs may remain provided that:

1. There is no expansion, addition, structural alteration or change of location of nonconforming sign; and

2. There is no structural addition or alteration to the property that is valued at fifty percent (50%) or more of the current tax assessment.

D. Ordinary repair work may be conducted on nonconforming signs, so long as the work conducted does not violate subsection C of this section.

E. The following nonconforming signs are exempt from this section:

1. Nonconforming signs on the National Register of Historic Places or a state of Idaho or Ada County historic register.

2. Signs that have obtained approval from planning official after a recommendation for approval by design review consultant(s). (Ord. 927-10, 2-14-2011; Ord. 1026-22, 9-12-2022)

8-4F-16: ABATEMENT PROCESS:

A. The city shall have the right to immediately remove, dispose and charge the costs of the removal to the owner or other responsible person of any signs found illegally located within public property or public right-of-way. Owners of said signs illegally placed within public property or public right-of-way shall not be entitled to the notice provisions pending removal and disposal of said signs.

B. Where there is an illegal sign located on private property, a notice may be served by mail or personally, upon the sign owner, property owner or other responsible person, directing either removal of or action to correct the violation within a specified time frame between one (1) and thirty (30) days.

C. In addition to provisions set forth in chapter 1, article C of this title, failure to receive appropriate permits or compliance certification may be subject to double permit fees and enforcement fees. (Ord. 927-10, 2-14-2011; Ord. 962-13, 11-12-2013)

8-4F-17: ADMINISTRATIVE SIGN CITATIONS AND PROCEDURES:

A. It shall be the duty of the chief of police, or his designee, upon observing a violation of the provisions of this article to leave at or upon such property or sign or serve upon the individual violator a Garden City police sign citation, noting that such sign is in violation of the provisions of this article. Among other information, the administrative citation shall bear the date and hour of leaving the same at or upon the violation or with the violator, the specific reason for the violation, and the location of the violation. The person or entity that placed the sign is responsible for any sign citation issued, regardless of who owns the real property.

B. In order to eliminate burdening courts with violations of ordinances and to eliminate insofar as possible public inconvenience, each person receiving a Garden City police sign citation upon his or her property or sign or served upon him or her, for violating the provisions of this article, unless otherwise specifically provided, shall:

1. Within twenty (20) days of the time of such citation, excluding weekends and federally observed holidays, pay to the city of Garden City, in full satisfaction of such violation, fifty dollars ($50.00) for each Garden City sign citation.

2. The failure of any responsible person or entity to make such payment to the city of Garden City within twenty (20) days shall render such person subject to the penalties as hereinafter provided.

C. Penalties: Any responsible person or entity who shall fail to pay within twenty (20) days of the time of such administrative citation, excluding weekends and federally observed holidays, shall be summoned into magistrate court for the original infraction offense. Infractions under this title are punishable by a fine of one hundred dollars ($100.00) plus court costs unless otherwise specifically provided. If a responsible person or entity, after being served a summons, shall fail to respond to the summons or fail to pay the fine, a default judgment shall be entered in the magistrate division of the district court, and the department of transportation shall be notified that any responsible person has an unpaid judgment. Additionally, a second and any subsequent conviction for the same infraction provision under this title within one (1) year shall be a misdemeanor under this title. Misdemeanors under this title are punishable as provided in section 1-4-1 of this code unless otherwise specifically provided. (Ord. 962-13, 11-12-2013)