Sec. 656.1309. - Unlawful signs.

(a) Projections of light, laser beams or any other medium to form text, graphics, logos, or artwork upon streets, walkways, fences, sign structures, land or water surfaces, or exterior walls or other exterior portions of buildings or any other structure are prohibited, except that an owner may project a sign onto an exterior portion of his or her own property, building or structure if the area occupied by such sign does not otherwise violate applicable sign regulations included in this Part. The person or business who owns or is advertised or identified on the sign shall be presumed to have permitted the placement of the sign in the absence of credible evidence to the contrary and may be cited for violation of this subsection by either the City's Municipal Code Compliance Division or the Jacksonville Sheriff's Office, and the person or business installing or projecting the sign is also in violation of this subsection. Violations of this subsection shall constitute a class D offense; however, projections of text, graphics, logos, or artwork onto a building, structure or any other place (including public spaces) without the consent of the owner or person in control of the building, structure or space shall constitute blight and graffiti, and pursuant to F.S. §§ 806.13 and 125.69, these violations shall constitute a second degree misdemeanor punishable by a definite term of imprisonment of up to 60 days (discretionary) and a fine not less than $2,000 (non-discretionary), and any equipment or vehicles used in furtherance of this crime shall be seized by the Jacksonville Sheriff's Office and forfeited to the City. (b) It shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this Section does not prohibit signs erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City; provided further that this Section does not prohibit off-site commercial signs maintained or erected in accordance with the terms of an authorized settlement agreement with the City. (c) From and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located provided, further, this Section does not prohibit signs erected pursuant to a naming right or sponsorship agreement entered into by the City of a publicly owned sports or entertainment venue, or an athletic team which is a tenant thereof under rights assigned to such team pursuant to a written agreement with the City. (d) Any sign structure in violation of this Section is hereby declared to be contraband and forfeited to the City. A violation has been proved if the owner, or person in control of the structure, has been convicted of using a sign structure in violation of this Section. A conviction shall include a plea of nolo contendere or a withhold of adjudication. In addition, a violation may be proved in a separate civil action. The City shall seek forfeiture of the sign through any appropriate civil action, which may include declaratory judgment or a mandatory injunction. (e) In the event that a court of competent jurisdiction determines, finally, that subsection (b) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320 ; provided, further this subsection shall not be enforced without providing 30 days' notice to correct and unless subsection (b) of this Section is declared unconstitutional. (f) In the event that a court of competent jurisdiction determines, finally, that subsection (c) of this Section unconstitutionally distinguishes between commercial and noncommercial messages, from and after July 30, 1997, it shall be unlawful and a class D offense for any person to erect, display or maintain, at any time, a sign which contains a commercial message which relates to offices, products, accommodations, services, or activities which are not sold, produced, available, conducted or rendered on the property where the sign is located; provided that the prohibition applies only to signs which can be seen unaided from any location on the ground which is not on the lot or parcel where the sign is located; provided, further, this ordinance does not prohibit signs erected in compliance with Section 656.1320 ; provided, further, this subsection shall not be enforced without providing 30 days' notice to correct and unless subsection (c) of this Section has been declared unconstitutional. (Ord. 93-174-1054, § 13; Ord. 2005-1380-E, § 4; Ord. 2014-716-E, § 4; Ord. 2014-717-E, § 4; Ord. 2023-44-E , § 1)