Sec. 656.1301. - Findings.

The Council finds and determines as follows: (a) Federal and State courts have recognized that municipalities lawfully may distinguish between on-site and off-site signs in regulations regarding aesthetics and quality of life in a community under the police powers of the government, as on-site and off-site signs have varying business purposes and different impacts on the aesthetic environment of a community. (b) Such courts also have recognized that distance and size limitations on signs may be imposed in the interests of protecting the aesthetic atmosphere and environment in a community, as well as protecting against traffic hazards caused by distracting and protruding signs, among other purposes. (c) The Council has determined that the City's current sign laws are insufficient in some respects to properly limit and protect the City against: (1) The unlimited proliferation in number and location of off-site and on-site signs, including mobile signs; (2) Construction and placement of overly huge, animated, flashing and other aesthetically unpleasant signs which dominate and detract from the surrounding visual environment; (3) Commercial and other signs being placed in residential and rural neighborhoods which unpleasantly commercialize and clutter such neighborhoods for residents and travelers, as well as overly-large signs in zoning districts disproportionate in size for the intensity of the uses permitted and permissible in such districts; (4) Signs being constructed and placed without first obtaining proper permits for them or permission of the owner or occupant of the property on which the signs are placed; (5) Signs failing to be properly maintained once erected and placed; and (6) Signs which are placed dangerously in or near street intersections and rights-of-way so as to pose actual or potential hazards to traffic and pedestrians. (d) The Council therefore has determined it is necessary in the exercise of its governmental powers, including the police power, to protect the public health, safety, and welfare of the community, including the visual and aesthetic environment and natural scenic beauty of the City. (e) The Council notes that numerous municipalities and counties around the State and country have enacted sign control ordinances. These local governments have found that partial or complete elimination of off-site signs and regulation of on-site signs benefits their communities by improving aesthetics and traffic control. These findings of public purpose have been upheld by every level of court from the United States Supreme Court to State trial courts. The Council adopts the findings of these numerous local governments. (f) Unregulated and uncontrolled signs cause distractions in traffic floor and create traffic safety problems. In addition, they lower the levels of service on City roads by slowing traffic. (g) Scholarly writings and studies indicate that clutter of uncontrolled and unregulated signs creates an environment which can financially injure a community. Unregulated and uncontrolled signs can injure the aesthetic appearance of the City and thereby lower property values and the tax base. (h) There is no effective way to stop or even slow the proliferation of off-site signs without prohibiting off-site signs except those on federal-aid primary highways. (i) If not limited in size and number and if not otherwise regulated, on-site signs could cause many of the same problems that off-site signs cause. (j) The Council, in regulating on-site signs, recognizes that businesses need some form of on-site sign to identify the use of property. (k) The Council, in addition, supports these findings, in part, by the 1985 study of visual pollution done by the Jacksonville Community Council, Inc. (l) In March 1987, the voters enacted an amendment to the City Charter which prohibited all off-site billboards. In legislation before and afterwards, the Council enacted ordinances prohibiting off-site signs in various zoning districts and regulated on-site signs. (m) The inherent primary purpose of mobile billboards is to display commercial advertising on public streets. By their nature, mobile billboards are intended to distract and aim to capture and hold the attention of, members of the public on or adjoining public streets, including drivers, pedestrians, bicyclists, and others. Moreover, such vehicles display commercial advertising from a mobile platform, including while the vehicle is moving within the flow of traffic, potentially stopping, starting or turning abruptly, accentuating the inherent tendency of such advertising to seize attention and distract. Additionally, the use of motor vehicles to display commercial advertising creates exhaust emissions and adds to traffic congestion by placing additional motor vehicles on City streets. For these reasons, mobile billboards create aesthetic blight and visual clutter and create potential and actual traffic, health and safety hazards. A prohibition of such advertising vehicles will promote the public health, safety and welfare of motorists, pedestrians, bicyclists and others using the City's public streets and roadways and adjoining areas, by eliminating aesthetic blight and visual clutter and traffic and safety hazards caused by the operation of mobile billboards on the City's streets. It will also reduce congestion on the City streets and reduce exhaust emissions by eliminating as an emission source a type of commercial advertising display whose use may require continuous or extensive operation of motor vehicle engines. Finally, a prohibition of mobile billboards will protect the public investment in and the character and dignity of the City's streets. (n) Mobile billboards on boats, ships and other vessels would detract from the scenic beauty of the St. Johns River and its tributaries. Such mobile billboards also create boating safety hazards by placing additional vessels on the City's waterways, especially those which are designed to distract and catch the attention of the public, including the boating public. (o) The sign categories identified within Part 13 of Chapter 656 relate to the function of the sign; the sign categorizes are tailored toward the sign function; the limitations on height, size, number, setback, physical characteristics or location are based upon the sign type and the sign function; the regulation of sign types according to their functions are not because of any disagreement with the message conveyed; the regulation of signage is not designed to regulate speech per se, but is a regulation of the places where some speech may occur; and the regulations herein are not concerned with a particular viewpoint and do not seek to advance or prohibit any particular point of view on any specific subject. (Ord. 91-59-148, § 1; Ord. 2004-428-E, § 1; Ord. 2010-253-E, § 1)