[Added 6-5-1990; amended 9-25-1990; 3-14-1995 by L.L. No. 6-1995; 6-24-1997 by L.L. No. 8-1997]

The purpose of this article is to preserve, protect, promote and advance the public health, safety and welfare by regulating and establishing standards for the erection of outdoor signs within the town. The Town Board has concluded that the character, quality and appearance of the town and of its residents are directly and substantially affected by the location, height, size, construction and general design of the signs contained therein. Those signs which exist in harmony with the surrounding community serve to simultaneously convey the message depicted thereon while not detracting from the public health, safety and welfare. Conversely, signs if misplaced, disproportionate to the surrounding environment, in excessive proliferation or containing excessive lighting or other displaced fixtures, exist in disharmony to the environment of the town and constitute egregious examples of ugliness, distraction and deterioration. Such signs degrade the aesthetic quality of the environment; detract from natural and scenic beauty, as well as from the character and order of the developed sections of the town whether residential, commercial or industrial. Further, such signs can cause diminution in property values and do provide visual distractions and obstructions to passing motorists which can cause or contribute to traffic accidents. Also, improperly placed signs cause physical and visual obstructions to vehicular and pedestrian traffic. Finally, unsafe or improperly constructed signs (or signs which could be confused with or mistaken for traffic signals, railroad crossings, aviation landing fixtures, governmental signs or aviation signs) can provide serious hazards to the health, safety and welfare of persons and property.

As used in this article, the following terms shall have the meanings indicated:

ABANDONED SIGNS - Any sign which is located on property which becomes vacant and unoccupied for a period of three months or more; any sign which pertains to an event or purpose which no longer applies or exists; or a sign which no longer advertises a business, product or activity conducted or available on the premises where such sign is located.

AVIATION SIGN - Directional signs used for aviation purposes or otherwise affixed to the flat roofs of buildings or structures.

CHANGEABLE COPY SIGN - Any sign designed to display copy which will be changed or altered more frequently than once per twelve-month period.

COPY - Letters, numbers, symbols, designs or other pictorial matter located on any sign or governmental sign.

DIRECTLY ILLUMINATED SIGN - A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of the sign structure. The light from such sign may not illuminate a residentially zoned or used parcel.

DIRECTORY SIGN - Any sign identifying two or more persons, agencies or establishments located in a location or place common to all.

DISPLAY WINDOW - Any glass or other transparent or translucent material comprising a panel, window or door of a building.

ELECTRICAL SIGN - Any sign containing any electrical device, fixture or accessory.

ENTRANCE SIGN - Any sign affixed to or incorporated into the exterior face of any wall having an entrance facing a public thoroughfare or the subject parcel's parking area.

GOVERNMENTAL SIGN - Any sign erected and maintained by or at the direction of any governmental body, organization, agency or corporation.

GROUND SIGN - Any sign erected on or attached to a freestanding frame, mast, pole or structure. Any sign partially attached to a building and partially attached to a freestanding frame, mast, pole or structure shall be considered a ground sign.

IDENTIFICATION SIGN - A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed or which attracts attention to a commodity sold or displayed upon the lot or premises.

ILLUMINATED SIGN - Any sign which is lighted from within or without.

INDIRECTLY ILLUMINATED SIGN - A sign illuminated by a source of light which is detached from the sign structure and which is shielded so that illumination is directed upon the sign and the source of light is not visible from an adjoining property or street and may not illuminate a residentially zoned or used parcel.

MANSARD ROOF - A sloping roof where the angle of the roof is no more than 30° from perpendicular.

MARQUEE SIGN - A canopy extending more than one foot from a building, with lettering thereon.

MONUMENT SIGN - A freestanding identification sign erected upon a masonry base and not supported by column , girders or other structural elements. A monument sign shall be constructed of material similar in nature or complementary to the building which it identifies and may contain letters, numbers, trademarks and logos.

MOVEABLE COPY - Copy that is electronically produced and moves across the face of the sign.

PORTABLE SIGN - Any sign not permanently attached to the ground, a building or a vehicle.

ROOFLINE - The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

ROOF SIGN - Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

SIGN - Any identification, description, illustration, symbol, structure, material, statue or device, illuminated or nonilluminated, which is visible from any public place designed or employed to advertise, identify or convey information, but not including governmental signs.

SIGN FACE - The entire area of a sign or a governmental sign on which copy is or could be placed.

SIGN STRUCTURE - Any structure which supports, has supported or is designed to support a sign. A decorative cover is part of a sign structure.

STREAMER - Any piece of cloth, plastic or other flexible material more than 10 feet in length when unfurled and placed on the ground and attached at one or both ends to a mast, pole, building or structure. A streamer must be solid in color, contain no copy and, when unfurled and placed flat on the ground, must have a width of no more than 12 inches. A streamer must be made of weatherproof material, and securely fastened to a mast, pole, building or structure. A streamer shall be considered a sign. A streamer is permitted only as a temporary sign.

UTILITY SIGN - The standard signs erected and maintained by or at the direction of a public utility. Such signs are limited in size to 12 inches by 12 inches and shall be placed in an area designed to inform the public of the location or the presence of utility facilities available to or for the service of the general public. Such signs may only be illuminated by illumination not exceeding 40 watts of power. A utility sign may be created or maintained only in a business or industrial district and is not subject to the restrictions found in § 213-398, 213-400 or 213-401.

VEHICULAR SIGN - Any letter, groups of letters, words or other devices or representations which form or are used as or are in the nature of an announcement, advertisement or other attention-directing device, placed, painted, affixed, annexed or attached upon a motor -vehicle, trailer or other vehicle commonly used for transportation, travel or delivery, whether or not such motor vehicle, vehicle or trailer is operable or registered. Excluded here from are motor vehicles, vehicles or trailers lawfully registered and insured, regularly used in the business conducted on the premises and not having attached thereto temporary or removable signs.

WALL SIGN - Any sign, other than an entrance sign, affixed to or incorporated into the exterior face of any wall of any building and which does not extend more than 12 inches beyond such wall at any point of measurement.

WINDOW SIGN - Any sign that is affixed to or painted on the interior of a window or any sign located within one foot of the inside face of the window, which sign is designed to be visible from the exterior of the window 213-388. Construction and maintenance.

A. All signs shall be securely built subject to the approval of a Building Inspector as to the structural safety thereof by recognized engineering standards. All wood portions of signs and sign structures must be painted or treated to prevent decay.

B. Every sign shall be maintained in good structural condition at all times. All signs shall be kept clean and neatly painted, including all supports and appurtenances. The Building Inspector or his duly authorized representative shall have the authority to order the painting, repair, alteration or removal of a sign which constitutes a hazard to the public health, safety or general welfare by reason of inadequate maintenance, dilapidation or obsolescence.

C. All electrical signs shall conform and be maintained in accordance with the specification standards of the National Board of Fire Underwriters.

A. No sign which is found to be hazardous or dangerous to the public safety by a Building Inspector shall be constructed, erected or maintained. Evidence of such hazard or danger shall include, but is not limited to, signs swinging as a result of wind pressure, hazards to vehicular traffic or pedestrians and signs obstructing any part of a window, doorway, ventilation system, fire exit or any means of ingress or egress.

B. No sign shall be constructed, erected or maintained which shall use breakable glass or breakable plastic in its construction, except as such is used in illumination.

C. No sign or any lighting source or reflector connected thereto or used therewith shall be constructed, erected or maintained which shall conflict with or be mistaken for a vehicular or pedestrian traffic signal, railroad crossing, aviation landing fixture, hydrant, governmental sign or aviation sign. No sign (except a utility sign) shall be constructed, erected or maintained which shall conflict with or be mistaken for a utility sign.

A. No sign shall be erected, placed or maintained within the right-of-way lines of any public street, sidewalk or public right-of-way. Any sign violating this subsection may be removed by the Building Inspector or any other town employee or agent duly designated by the Supervisor without prior notice to the owner. Such removal shall include the sign structure. However, nothing herein contained shall be construed as prohibiting any person from erecting and maintaining adjustable awnings, which do not contain any copy, made of cloth, with metal or tube frames and are at least eight feet above the sidewalk.

B. No sign shall be constructed, erected or maintained on the roof of any building (unless such meets the criteria for aviation signs), on any telephone pole, telegraph pole, electrical pole, lighting pole, traffic device, hydrant, tree, stone or other natural object, balloon, governmental sign, governmental sign structure or the face of any other sign. There shall be a presumption in any proceeding to enforce this article that the business, corporation, establishment, entity, person or facility whose name, address, phone number or any other identifying marking, printing, writing, logo, insignia, or the like, of said business, corporation, establishment, entity, person or facility that appears on said sign is responsible for the violation of this article. [Amended 5-10-

2005 by L.L. No. 7-2005; 5-24-2005 by L.L. No. 10-2005]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 10-

2005.

C. No placard, post or display of show bills, handbills, posters, banners or any printed or written notice or notices or advertisements of any kind whatsoever shall be attached to any tree, pump, hydrant, telegraph, telephone light pole, lighting pole or stone in the Town of Babylon. This prohibition shall apply to any of the foregoing located on any property or facility owned, held or operated by the town, except for any notice or warning sign placed upon any such pole by a public utility. Any person, including private citizens, may remove and cart away any show bills, handbills, banners, posters or any printed or written notices or advertisements that have been placarded, posted and/or displayed in violation of this § 213-390C.

D. No sign shall be constructed, erected or maintained which faces a public waterway.

E. No sign shall be constructed, erected or maintained which is within 500 feet of a public park, public parking area or public recreational facility when such sign faces such public park, public parking area or recreational facility, unless a public roadway should he between the public park, recreational facility or public parking area and the property on which the sign is located.

F. No sign shall cover or obstruct any window, doorway, ventilation system, fire exit or any other means of ingress or egress to any building or structure or any portion thereof with the exception of window signs permitted in § 213-401.

G. No sign shall be located on a motor vehicle, trailer or other vehicle such that it is considered to be a vehicular sign. It is the purpose and intent of this subsection to prevent an attempt to circumvent the freestanding sign section of this chapter by utilization of vehicles as a substitute for a permitted freestanding sign.

H. No sign shall cover, obstruct or hide from view any governmental sign, utility sign, traffic signal or device, aviation sign, railroad crossing device, aviation landing fixture or hydrant.

I. No sign shall be constructed, erected or maintained which shall be located less than six feet from any overhead electrical, telephone or cable television wires, wiring, facilities or service, except any electrical wires, wiring, facilities or service supplying energy or power to that sign.