§ 43.89. Gasoline Station Sign Requirements.

(1)

Purpose. The purpose of this section is to protect consumers from an unfair and deceptive trade practice of unscrupulous operators of gas stations. It is standard practice in the retail gasoline industry for gasoline stations to post their fuel prices on signs visible from the street. Consumers rely on these signs to compare prices between competing gasoline retailers. Failure to abide by this customary practice is especially unfair where gasoline retailers, by virtue of their location, serve a largely tourist clientele that may be unfamiliar with local market conditions and trade practices.

(2)

Gasoline price signs required. It is unlawful and a violation of this Code for any person, firm, or corporation to sell gasoline at retail, or allow gasoline to be sold at retail, unless the premises on which the gasoline is sold contains a sign or signs conforming to the requirements of this section and which sign or signs display the sales price for at least two non-diesel grades of unleaded gasoline, with one of the prices being for the lowest octane rated gasoline offered on the premises. Prices must be displayed in terms of dollars and parts thereof per gallon of gasoline.

(3)

Sign standards. Signs required by subsection (2) of this section, must conform to the following minimum standards:

a.

Location of signs. Signs must conform to all setback requirements of the City's land development code, and other applicable laws, and must be designed and located on the premises of the gas station so that passing motorists are effectively apprised of the price of the gasoline sold on the premises.

b.

Sign size. Signs must conform to maximum sign area and dimension requirements of the City's land development code, except as provided in subsection e. of this part, and other applicable laws. The numerals constituting the dollars and cents price per gallon of fuel must be at least sixteen (16) inches tall and nine and one-half (9½) inches wide if the gas station is located on a road with a speed limit of forty (40) miles per hour or greater. The numerals constituting the dollars and cents price per gallon of fuel must be at least fourteen (14) inches tall and 8 and one-half (8½) inches wide if the gas station is located on a road with a speed limit under forty (40) miles per hour. This part does not apply to the size of numerals constituting fractions of a penny.

c.

Visibility. Signs must be kept free from vegetation and other obstructions that effectively block the view of the sign from the adjacent street. The numerals constituting the price of gasoline must sharply contrast with the background color of the sign so that a passing motorist of average visual acuity is effectively apprised of the price of the gasoline sold on the premises. If the gasoline price sign is contained within a sign face with other advertising material, the gasoline price sign must be separate and distinct from the other material so that the gasoline price is not camouflaged or effectively hidden from passing motorists.

d.

Illumination. Signs must be illuminated in a manner that makes the sign visible at night to a person of average visual acuity.

e.

Sign area variance. A gas station that as of the effective date of this section exceeds its maximum allowable sign area, or would exceed its maximum allowable sign area if in compliance with this section, may exceed such restriction to the minimum extent necessary to comply with this section. A sign installed pursuant to this subsection is hereby made a legally existing nonconforming structure that must be brought into compliance with this section when a substantial improvement to the station's total sign package is undertaken.

(4)

Applicability.

a.

Compliance schedule. Gas stations open for business as of the effective date of this ordinance and gas stations under construction pursuant to a valid building permit issued by the City's building official by the effective date of this ordinance must comply with the requirements of this section by November 15, 2010. All other gas stations must conform to the requirements of this section prior to the issuance of a certificate of occupancy for the gas station by the City's building official.

b.

Where applicable. The requirements of this section apply only to gas stations located within the jurisdictional boundaries of the City and located within the boundaries of the following figure. This section also applies to gas stations within the jurisdictional boundaries of the City and that are located on property abutting the public right-of-way that constitutes the boundaries of the district depicted in the following figure.

(5)

Definitions.

a.

"Gasoline" means a flammable and combustible liquid commonly used as a motor fuel.

b.

"Gas station" means a place of business offering gasoline for retail sale.

(6)

Penalties. Violations of this section are punishable as provided in Article I and Article II, Chapter 5, of this Code.

(Ord. No. 2010-4, § 1, 6-7-2010, Doc. #1006071103; Ord. No. 2010-46, § 1, 10-18-2010, Doc. #1010181111)