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646 TOWN OF TAGS ORD"tNANCES YEAR, NUMBER: /e y (o SIGN ORDINANCE TOWN OF TAOS ORDINANCE NO. 629 SIGN ORDINANCE TOWN OF TAOS, ORDINANCE NO, 629 Sign Ordinance - Town of Taos, New Mexico Section 1 Short Title - This Ordinance shall hereafter be known and cited as the "Sign Regulations ." Section 2 Definitions - • As used in this Ordinance unless the context otherwise indicates: (1) Business - shall mean any business licensed to conduct business within the Town of Taos . (2) Business Identification Sign - shall include any sign intended to identify a commercial operation as well as advertise its location and indicate the type of goods sold ur services provided. (3) Composite Premises - shall mean a building within which there are several businesses sharina a common space . In this instance, all of the businesses within the "common space" shall be considered as a single: premises and shall share the sign allocation for a single premises . (4) Erect - shal l mean to build, construct, attach, hang, place, suspend, at- affix, and shall also include the painting of wall signs . (5) Facing or Surface - shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (6) Ground Sign - shal I indicate any sign supported by up rights or braces placed upon the ground, and not attached to any building. (7) Identification Signs - any sign erected to identify the premises, occupants, or name of structure and shall not provide advertising over and above specific identification . (B) Illuminated Sign - shall mtan uny sign which has characters, letters, fig-.)res, designs, a, outline illuminated by electric lights or luminous tubes not a part of the sign proper but indirectly lit from a concealed light source. 1 (9) Incombustible Mnhuriul - shall mean an;.' which will not ignite c;t rn below a temperature of 12(-'.' .lk!g. Fahrenheit and will not continue to burn or glow at thw , ,iperature . (10) Joint Identification (Directory type) Signs - shall include any sign used jointly by a number of businesses for identification or advertisement but which is not necessarily located on the premises of such businesses . Said sign shall not exceed a total of 40 sq . ft . and shall allow a maximum of 5 sq . ft . for the title of the sign and a maximum of 2 sq . ft. per business on premises . Off premises signs other than joint identification signs shall not be allowed within the Town of Taos . (11) Other Advertising Structure - as used in this Ordinance shall mean any marquee, canopy, awning or street clock as further dafined herein . (12) Outdoor Ad,/eitisii,g Sign - shall include any sign established to advertise a business activity which is not located upon the same premises as the sign . Outdoor advertising signs are prohibited in the Town of Taos except for the exceptions herein stipulated. (13) Person - shall mean and include any person, firm, partnership, association, corporation, c-ii,puny, or organization of any kind. (14) Premises - shol I mean a tract of land upon which a structure or business is situated or each of several buildings or businesses licensed to do business in the Town of Taos . Each building or business may be considered o separate pi emises excepting that several businesses within a composite piemises shall be considered as a single premises. (15) Projecting Signs - shall include any sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached . (16) Roof Sign - shall mean any sign erected constructed and -maintained wholely upon or over the roof of any building with the principal support of the roof shucture . (17) Sign - shall mean and include every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration, insignia, or decoration used to advertise or promote the interests of any person whe- the same is placed out of doors in view of the genera public . 2 (18) Special Identification Sign - shall include any sign intended to identify the name, location, sponsor or occupant of a structure or premises of a public or quasi-public nature. (19) Structural Trim - shall mean the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure . (20) Temporary Sign -- shall include any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a short period of time only . (21) Traffic Signs - shall include any sign intended to direct the flow of vehicular or pedestrian traffic, road marker, trail marker, and which does not advertise nor carry any other information excepting that related to traffic control . (22) Wall Sign - shall include al I flat signs of solid face construction which are placed against a building or other structure and attached to the exterior front, rear, or side wall of any building; or other structure . Section 3 Permits Required It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the Town of Taos any sign or other advertising structure as defined in this Ordinance without first obtaining an erection permit from the Town Council or its designee and making payment of the fee required by Section 7 hereof. Section 4 Application for Erection Permit Application for erection permits shall be made upon blanks provided by the Building Inspector, and shall contain or have attached thereto the following information: Name, address and telephone number of applicant . Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or er ected . Position of the sign or other advertising structure in relation to nearby buildings or structures . 3 Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground . Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the Town. Narne of person, firm, corporation, or association erecting structure . Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected. Section 5 Planning Commission Approval Permits for all signs other than traffic signs shall be subject to review and approval by the Town Planning Commission prior to issuance of a permit for construction . Likewise, signs to be located in territory designated as HR - Historic Residential or HC - Historic Commercial shall be subject to review and approval of the Historic Review Board . Section 6 Permit Issued If Application In Order It shall be the duty of the Town Staff, upon the filing of an application for an erection permit to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this Ordinance and all other laws and ordinance of the Town of Taos, lie shall then issue the erection permit. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, the said permit shall become nul! and void . Section 7 Permit Fees a . Every Applicant being granted a permit hereunder shall pay to the Town of Taos as per the fee schedule stipulated below. The fee shall be based upon total signage-the cummulative total of all sign areas-in accordance with the size range category into which it falls. 4 l�Sk Fee Size Range $ 1 .00 per sq . ft . 0-10 sq . ft . $ 2.00 per sq . ft. 11 -20 sq . ft . $ 4.00 per sq . ft . 21 -30 sq . ft . $ 5.00 per sq . ft . 31 -40 sq . ft . $10 .00 per sq . ft . 41 -80 sq . ft . Temporary Signs $15.00 b. Exemption to th, stiuplated fees shall be provided for signs which are being modified to eliminate non-conformity to this ordinance in accordance with the following schedule . Fee Time No Charge Within 1 year 10% of fee Within 2 years 25% of fee Within 3 years 50°i0 of fee Within 4 years 75% of fee Within 5 years Provided however, that non-conforming signs shall be made to conform in accordance with the amortization schedule stipulated in Section 30-d-4 of this ordinance . Section 8 Annual Inspection; Fees The Town Staff shall inspect annually, or at such other times as deemed necessary, each sign or other advertising structure regulated by this Ordinance for the purpose of ascertaining whether the same is secure or insecure, and whether it is in need of removal or repair . Section 9 Permit Revocable at Any Time All rights and privileges acquired under the provisions of this Ordinance or any amendment thereto, are mere licenses revocable at any time by the Town Council, and all other such permits shall contain this provision . Section 10 Unsafe and Unlawful Signs If the Town Staff shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Ordinance, he shall give written notice to the permittee thereof . If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten (10) days after such notice, such sign or other advertising structure 5 may be removed or altered to comply by the Town Staff at the expense of the permittee or owner of the property upon which it is located. The Town Staff shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed. The Town Staff may cause any sign or other advertising structure which is an immediate peri I to persons or property to be removed summori ly and without notice . Section 1 1 Number, Date to be on Sign Every sign or other advertising structure hereafter erected shall have painted in a conspicuous place thereon, in letters not less than one inch in height, the date of erection and the permit number. Section 12 Wind Pressure and Dead Load Requirements All signs and other advertising structures shall be designed and constructed to withstand a wind pressure equivalent to a wind velocity of 100 miles per hour; and shall be constructed to receive dead loads as required in the Building Code or other ordinances of the Town of Taos. Section 13 Removal of Certain Signs Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within ten (10) days after written notification from the Town Staff, and, upon failure: to comply with such notice within the time specified in such order, the Town Staff is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by tke owner of the building or structure to which such sign is attached . Section 14 Exemptions The provisions and regulations of this ordinance shall not apply to the following signs, provided, however, said signs shall be subject to the provisions of Sections 3 & 10 of this ordinance and shall conform to the criteria and standards set forth in this ordinance for the particular type of sign . Real estate signs not exceeding eight (8) square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located only . 6 Professional name plates not exceeding one (1) square foot in area. Bulletin boards not over sixteen (16) square feet in area for public, quasi-public, charitable or religious institutions when the some are located on the premises of said institutions . Signs denoting the architect, engineer, or contractor when placed upon work under construction, and not exceeding sixteen (16) square feet in area. Memorial signs or tablets, name of bjildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials . Traffic signs - as defined in this ordinace or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or non-advertising signs as may be approved by the Town Counci I . Temporary signs used for identification or advertising of events sponsored by local non-profit/charitable associations or organizations . All types of signs defined in this ordinance, including ground signs, if located in the Historic District shall be ollowed if approved by the Historic Review Committee and said sign also conforms to the criteria and standards set forth in this Ordinance . Section 15 Bond Requirements Every applicant for a permit referred to herein shall, before the permit is granted, file with the Town Staff, a continuing bond in the penal sum of One Hundred ($100.00) Dollars, times the area of the sign in square feet, executed by the applicant and a Suret-., Company to be approved by the Town Attorney and conditioned for the faithful observance of the provisions of this Ordinance and all amendments thereto, and of all laws and ordinances relating to signs and other advertising struciures, and which shall indemnify and save harmless the Town of Taos from any and all damanges, judgments, costs or expense which the said Town may incur or suffer by reason of the granting of said permit. Any person lawfully maintaining a sign or other advertising structure regulated by the Ordinance at the time of the enactment, of this Ordinance shall, within thirty (30) days after said enactment, comply with all the provisions set forth in this section. A liability insurance policy issued by an insurance company authorized to do business in the State of New Mexico conforming to this section, may be permitted in lieu of a bond. 7 Section 16 Obstructions to Doors, Windows, or Fire Escapes No sign sha!I be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape . No sign of any kind shall be attached to a stand pipe or fire escape. Section 17 Signs Not to Constitute Traffic Hazard No sign or other advertising structure as regulated by this Ordinance shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or -olor, it may interfere with, obstruct the view of or be confused wi.. any authorized traffic sign, signal, or device; or which makes use of the words "STOP", "LOOK", "DANGER", or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic . Section 18 Face of Sii n Shall be Smooth All signs or other advertising structures which are constructed on street lines, or within five (5) feet thereof, shad have a smooth surface and no nails, tacks, or wires shall be permitted to protrude therefrom, except electrical reflectors or concealed lighting sour, which may extend over the top and in front of the advertising structures . Section 19 Goose Neck Reflectors - Indirect Lighting Source Goose neck reflectors and lights shall be permitted on projecting signs, and wall signs, provided, however, the reflectors shall be provided with proper glass !enses concentrating the i Ilumination upon the area of the sign, so as to prevent glare upon the street or adjacent property. Section 20 Spotlights and Floodlights Prohibited It shall be unlawful for any person to maintain any sign which extends over public property which is wholly or partially illuminated by floodlights or spotlights excepting that signs may be illuminated by a concealed light source if said light does not substantially illuminate any area except the surface of subject sign . 8 Section 21 Categories of Signs, Criteria & Required Land Use Zoning Specific types of signs shall be limited with regard to location, configuration, and land use zoning of the premises upon which it is to be located. Said sign shall conform to the following criteria and restrictions. a . Identification signs as defined herein shall not exceed six (6) square feet in size but in every case shall conform to the restrictions (if any) stipulated in the particular land use zoning district in which it is located. An identification sign may be a wolf sign or a projecting sign and may be illuminated. A maximum of one (1) sign may be allowed for each premises and said signs are allowed in any zoning district excepting that signs located in the HR - Historic Residential or HC - Historic Commercial 7.ones shall require a Certificate of Appropriateness to be issued by the Taos Historical Review Board . b. Traffic signs as defined herein shall not exceed four (4) square feet in size but in every case shall conform to the restrictions, if any, stipulated in the particular zoning district in which it is located. Traffic signs may be wall signs, projecting signs or ground signs not to exceed eight (8) feet in height and may be illuminated . A maximum of two (2) signs shall be permitted for each premises and said signs are allowed in any zoning district. Said signs are allowed in any zoning district without a permit excepting that signs located in the HR - Historic Residential and HC - Historic Commercial zones shall require a Certificate of Appropriateness to be issued by the Taos Historical Review Board . c . Business Identification signs as defined herein shall not exceed forty (40) square feet per sign w;`I, a minimum width of two (2) feet. Business Identification !igns may be wall signs or projecting signs and shall not be higher than the roof line of the highest building on the premises . A maximum of two signs shall be permitted for each premises and said signs shall be allowed in the following zones: C-1 , C-2, M-1 , M-2, HC, PUD, and CV (Cottage Industry) subject to its standards set forth for the particular zone in which said sign is situated. d. Special Identification Signs as defined in this ordinance shall not exceed sixteen (16) square feet in size and shal I be wal I signs or projecting signs and shall be limited to identification of the name, location, sponsor, or occupant of a structure or premises of a public or of semi-public nature. Said signs are exempt from these regulations excepting that if located in the HR or HC zone they shall require a Certificate of Appropriateness from the Taos Historic Review Committee. A maximum of one (1) sign per premises is allowed. 9 e . Joint Identification (Directory type) Signs as def; this ordinance shall not exceed forty (40) square fee, size, but in every case shall conform to its restrictions •/, stipulated in the particular land use zone in whi c;i ii is situated. Joint Identification signs may be ground signs not to exceed ten (10) feet in height and may be illuminated . A maximum of or,t (1) sign is allowed for each premises and said signs are allowed in the following zones: C-1 , C-2, M-1 , M-2, and PUD and are subject to the standards (if any) set forth for the particular zone in which the sign is situated . The title of said sign shall not exceed five (5) square feet in size and each business or premises which is a party to said sign shall not utilize more than two (2) square feet . f. Temporary Sign as defined in this ordinance sha I I not exceed four (4) feet in one of its dimensions or forty (40) square feet in surface area and may be illuminated . Every temporary sign must be approved by the Town Staff and a permit issued in accordance with the regulations set forth in this ordinance . The signs may be wall signs, projecting signs, or ground signs not exceeding ten (10) feet in height . Signs shall be allowed in the following zones: C-1 , C-2, M-1 , M-2, and PUD . It must be clear that said signs are of a clearly temporary nature with the permit for display stipulated on the permit and in no case shall such signs be allowed for a period in excess of thirty (30) days excepting that through reapplication two (2) additional permits for thirty (30) days may be issued . Section 2?. Ground Signs a . Definition - Ground sign as regulated by this Ordinance shall include any sign supported by uprights or braces placed upon the ground, and not attached to any building . b . Prohibition - As of the adoption of this ordinance, the construction of ground signs excepting those exempted shall be prohibited . Existing ground signs are deemed non-conforming signs and subject to the conditions set r in this ordinance for termination of non-conforming signs ir, Section 3'�. c . Exemption from Prohibition - Free standing Joint Identification Signs (us defined herein) shall be allowed in the Town of Taos. Likewise, other free standing signs compatible with the Historic tradition of Taos and located in the designated Historic Zones shall be allowed to exist when. given approval by the Historic Review Board. 10 d. Construction Materials Required - All ground signs for which n permit is required under this Ordinance, shall have a surface or facing of incombustible material; provided, however, that combustible structural trim may be used thereon . Letters, etc . , to be Secured - All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon any ' sign shall be safely and securely built or attached to the sign structure and shall comply with all requirements in Section 18. e. Location Height Limitation - It shall be unlawful to erect any ground sign whose total height is greater than twenty (20) feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level . Space Between Sign and Ground and Other Signs and Structures - Ground signs shal I have an open space not less than two (2) feet between the base line of said sign and the ground level . This open space may be filled in with a platform or decorative lattice work which does not close off more than one-half of any square foot of such open space . No ground sign shall �e nearer than two (2) feet to any other sign, bui Wing, or structure. Set-Back Line - No gro- nd sign shall be nearer the street than the building I ine established by law . Not to Mislead, Interfere with, or Confuse Traffic - All ground signs shall conform to the provisions of Section 17. f. Erection Bracing, Anchorage and Supports - All ground signs shall be securely built, constructed and erected upon posts and standards sunk at least three (3) feet below the natural surface of the ground, and shat I be supported and braced by timbers, or metal rods in the rear thereof, extending from the top thereof to a point in the ground at least a distance equal to one-half the height of such sign, measured along the ground, from the posts or standards upon which the some is erected . Supports, etc . to be Creosoted - Al I posts, anchors, and bracing of wood shall be treated to protect them from moisture by creosoting or other approved methods when they rest upon or enter into the ground . 11 _Wind Pressure and Dead Load Re.;uirements - All ground signs shall conform to the requirements set forth in Section 12. Section 23 Roof Signs Definition - Roof sign as regulated by this Ordinance shall mean any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure . Prohibition - As of the adoption of this ordinance, the construction of roof signs shall be prohibited . Existing roof signs are deemed non-conforming and are subject to the conditions set forth in this ordinance for termination of non-conforming signs in Section 30. Section 24 Wall Signs a . Definition - Wall sign as regulated by this Ordinance shall include all flat signs of solid face construction which are placed against a building or other structure and attached to the exterior front, rear, or side wall of any building, or other structure . b . Construction - Materials Required - Al I wall signs for which a permit is required under this Ordinance, shall have a surface or facing of incombustible material; provided, however, that combustible materials may be used in areas designated as historic areas in the Taos Zoning Ordinance. c . Location Limitation on Placement and Area - No wall sign shall cover wholely or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached, and any one wall sign shall not exceed an area of fifty (50) square feet . Projection Above Sidewalk and Set-back Line - No wall sign shall be permitted to extend more than six (6) inches beyond the building line, and shall not be attached to a wall at a height of less than ten (10) feet above the sidewalk or ground. Obstructions to Door, Windows or Fire Escapes - No wall sign whalI be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window, or fire escape . 12 d. Erection Supports and Attachment - All wail signs shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than 3/8 inch in diameter embedded in said wall at least five (5) inches; provided, however, that such signs may rest in, or be bolted to strong, heavy metal brackets or saddles set not over six (b) feet apart, each of which shall be securely fixed to the wall as hereinbefore provided . In no case shall any wall sign be secured with wire, strips of wood or nails. Wind Pressure and Dead Load Requirements - All wall signs shall conform to the requirements of Section 12. Section 25 Projecting Signs a. Definitions Projecting sign as regulated by this Ordinance shall include any sign which is attached to a building or other structure and extends beyond the line of the said building or structure or beyond the surface of that portion of the building or structure to which it is attached . Horizontal projecting sign means any sign which is greater in width than in hei grit . Vertical projecting sign means any sign which is greate! in height than in width . b. Construct;on Every Projecting sign, including the frames, braces, and supports thereof, shall be designed by a structural engineer or manufacturer, and shall be approved by the Planning Commission as in compliance with the Building Code of the Town of Taos and in the Electrical Code of the Town of Taos and shall be constructed of incombustible materials, provided however, that combustible materials may be used in areas designated as "! irstoric" in the Taos Zoning Ordinance and shall be illuminated in areas where said signs project over public property . Illumination - In instances where illumination is required, the reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property; and the source of illumination shall be concealed. 13 Limitation of Glass - The lettering or advertising designs to be i I lumincted may be composed of glass or other transparent or semi-transparent incombustible material . Any glass forming a pat t of any sign shat I be safety glass or plate glass at least 1/4 inch thick and in case any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass . Movable Parts to be Secured - Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges . Area Limitations - Except by special permission of the Town Council, projecting signs shall be limited to forty (40) square feet in area . Thickness Limitation - The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches . Obstructions and Traffic Hazards - Every projecting sign shall be erected in full compliance with Section 16 and Section 17 of this Ordinance. c . Location With specific approval by Town Staff projecting signs may project over public property and specifically over public sidewalks or walkways subject to the following conditions: No projecting sign shall be permitted to extend beyond a point twelve (12) inches inside the curb line. The sign shall allow at least eight (8) feet of clearance when located above walkways or sidewalks excepting that a variance may be provided in situations wh ,re existing covers (portals) may require lower placement . Said variance shat 1, however, allow for adequate safety to pedestrians. d. Erection Bracing, Anchorage and Supports - Projecting signs exceeding ten (10) square feet in area or fifty (50) poun-s in weight shall not be attached to nor supported by frame buildings nor the wooden framework of a building . Said signs shall be attached to masonry wall with galvanized expansion bolts at least 3/8 inch in diameter, ,hall be fixed in the wall by means of bolts extending through the wall, shall contain proper size metal washer or plate on the inside of the wall, and shall comply with section 12 hereof. 14 Anchorage with Wire, etc . , Prohibited - No projecting sign shall be secured with wire, strips of wood or nails, nor shall any projecting sign be hung or secured to any other sign . e. V-Shaped Signs Prohibited V--shaped sign,, consisting of two single faced signs erected without a roof or ceiling, shall not be permitted . f. Illumination at Night Required Every projecting sign which projects over public property and which is deemed hazardous by Town Staff may be required to be illuminated between sunset and sunrise, on each side thereof, by at least five (5) watts per square foot of sign surface, but in no case less than sixty (60) watts for each sign surface. Section 26 Temporary Signs a. Definitions Temporary signs as regulated by this Ordinance shall include any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a short period of time only. b. Construction Materials and Area Limitations - No temporary sign of combistible material shall exceed four (4) feet in one of its dimensions or fifty (50) square feet in area . Weight Limitation - Every temporary sign weighing in excess of fifty (50) pounds must be approved by the Town Staff as conforming to the safety requirements of the Building Code of the Town of Taos . c. Location Projection from Wall and Over Public Property - No temporary sign shall extend Dver c; into any street, alley, sidewalk, or other public thoroughfare a distance greater than four (4) inches from the wall upon which it is erected without approval of the Town Council and shall not be placed or projected over any wall opening. Obstruction to Doors, Windows and Fire Escapes - No temporary sign shall be erected, so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any stand pipe or fire escape . 15 d. Erection Anchorage and Support - Every temporary sign shall be attached to the wall with wire or steel cables, and no strings, ropes or wood slats for anchorage or support purposes shaI I be permitted . e . Duration of Permits Permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding thirty (30) days provided however, that subsequent permits may be granted for additional thirty (30) day periods up to a maximum period not to exceed ninety (40) days. f. Advertising Permitted The advertisement contained on any temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained . This provision shall not apply to signs of a civic, political or religious nature. 9 . Bond of Insurance_ Requirements Bond or insurance requirements on temporary signs shall be as provided for in Section 15. Section 27 Marquees a . Definition Marquee as regulated by this Ordinance shall include any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare . b. Construction , Materials required - All marquees, including the anchors, bolts, supports, rods, and braces thereof shall be constructed of incombustible materials, provided, however, that A':ien located in a designated "Historic" district may be of such material , combustible or otherwise, deemed appropriate by the Taos Historical Review Committee and shall be designed by a structural engineer and approved by the Town Staff as in Compliance with the Building Code of the Town of Taos and in compliance with the electrical code of the Town of Taos and shall be illuminated . Drainage - The roofs of all marquees shall be properly guttered and connected by down spouts to a sewer so that the water therefrom will not drip or flow onto public property . 16 Roofs - The roofs of all marquees shall be used for no other purpose than to form and constitute a roof. c . Location Height Above Sidewalk - No portion of a marquee shall be less than ten (10) feet above the level of the sidewalk or other public thoroughfare . Set-back from Curb Line - No marquees shall be permitted to extend beyond a point one (1) foot inside the curb line. Width - No marquee shall be wider than the entrance or entrances of the building, plus five (5) feet on each side thereof, provided, however, that where the entrances to a building are not more than twenty (20) feet apart, a marquee inay be made a continuous single structure between said entrances. d. Erection Bracing, Anchorage and Supports - Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be permitted as support therefor . Roof Live Load Requirement - The roof of any marquee except glass area, shall be designed and constructed to support a live load of not less than one hundred 000) pounds per square foot. The wind pressure requirements shall be those stated in Section 12. Anchorage to Wood Structure Prohibited - No marquee shall be erected on any building of wood frarne construction unless attached to the masonry, concrete or steel supports of the bii Iding . e. Signs Attached to Marquee Signs attached to, or hung from a marquee shall be completely within the borderline of the marquee outer edge, and shall in no instance be lower than ten (10) feet above the sidewalk or public thoroughfare. No sign or advertising material shall exceed five (5) feet in height exclusive of the name of the establishment exhibiting such marquee . No advertising material shall be placed upon the roof of any marquee . f. Illumination Required Every marquee projecting over public property shall be illuminated by at least sixteen (16) candle power of illumination for each fifty (50) square feet or fraction thereof of area from sunset to two a .m . every night, Monday through Saturday of each week . 17 Section 28 Awnings and Canopies a . Definitions Awning - An awning as regulated by this Ordinance shall include uny structure made of cloth, wood, or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use . Canopy - A canopy as regulated by this ordinance shall include any structure, other than an awning, made of cloth, wood, or metal with metal frames attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground or sidewalk . b. Construction Materials, Awnings - Awnings may be constructed of cloth, or metal , provided, however, all frames and supports shall be of metal . Materials, Canopies - Canopies may be constructed of cloth, wood, or metal, provided, however, all frames and supports shall be of metal . c . Location Height above Sidewalk, Awnings - Ali awnings shall be constructed and erected so that the lowest portion thereof shall be not less than ten (10) feet above the level of the sidewalk or portion of the thorou jhfare . Height above Sidewalk, Canopies - All canopies shall be constructed and erected so that the lowest portion thereof shall be not less than ten (10) feet above the level of the sidewalk or portion of the thoroughfare . Set-back from Curb Line-Awnings and Canopies - No awning or canopy shall be permitted to extend beyond a point twelve (12) inches inside the curb line. Width, Awnings and Canopies - No limitation on width of awnings, provided, however, full compliance with Section 12 is required. No canopy shall be permitted to exceed eight (8) feet in width . 18 d. Erection Awnings, Support - Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings . No awning shall be attached to the wood iambs, frames, or other wood members of a building (frame buildings excepted) when such building is less than ten (10) feet from public property. Canopies, Support - The framework of all canopies shall be designed by a structural engineer and approved by the Town Staff as in compliance with the Building Code of the Town of Taos. All frames and supports shall be of metal and designed to withstand a wind pressure as provided in Section 12 of this Ordinance . e. Advertising No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry, or pursuit conflicted within the premises may be pointed or otherwise permanently placed in a space not exceeding E'ght (8) inches in height on the front and side portions thereof. f. Permits and Inspection Permits for awnings and canopies shall be required as provided in Section 12. Awnings and canopies shall be subject to annual inspection as required in Section 8 . g. Awnings to be Rolled Every awning shall be rolled or folded against the building wall except when serving as protection from sun, rain, snow, or other inclement weather . Section 29 Sign Area Measurement a. Area to be Measured The area of a sign shall be measured in conformance with the regulations as herein set forth, provided that the structure or bracing of a sign shall be omitted from measuremen+, unless such structure or bracing is made part of the message or face of the sign . Where a sign has two or more display faces, the area of all faces shall be included in determining the area of the sign . 19 b. Sign with Backing The area of al signs with backing or a background, or border, material or otherwise, that is part of the overall sign display shall be measured by determining the sum of the areas of each square, rectangle, triongle, portion of a circle, or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames, backing, face plates, non-structural trim or other component parts not otherwise used for support . c. Signs witho.it Backing The area of all signs without backing or a background, material or otherwise, that is part of the overall sign display shall be measured by determining the Sum of the area of each square, rectangle, triangle, poi ,n of a circle or on), combination thereof which creates the sirallest single continuous perimeter enclosing the extreme limits of each word written representation (including any series of letters), emblems, or figures of similar character including all frames, face plates, non-structural trim or other component parts not otherwise used for support. d. All other Signs or Combinations Thereof The area of any sign having parts both with and without backing shall be measured by determining the total area of all sq--ares, rectangles, triangles, poitions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosina the extreme limits of any of the following combinations: The display surface or face of the sign including all frames, backin(t, face plates, non-structural trim of other component parts not otherwise used for support for parts of the sign that have backing and each word, written representation (including any series of letters) , emblems or figures of a similar character including all frames, face plates, non-structural trim or o her component parts not otherwise used for support for parts of the sign having no backing. Section 30 Non-Conforming Signs a. Declaration of Public Policy It is reasonable that a time limit be placed upon the continuance of existing non-conforming signs . An amortization program permits the owner to plan doling a period when he is allowed to continue the non-conforming signs while at the same time assuring that the district in which the non-conforming signs exist will eventually benefit from a substantial uniformity of permanent signs . 20 b. Definition of Non-Conforming Signs A non-conforming sign shall be any sign which: 1 . On the effective date of this ordinance was lawfully maintained and had been lawfully erected in accordance with the provisions of any prior zoning ordinance but which sign does not conform to the limitations established by this ordinance in the District in which the sign is located; or 2. On or after the effective date of this ordinance was lawfully maintained and erected in accordance with the provisions of this ordinance but which sign, by reason of amendment to this ordinance after the effective date thereof, does not conform to the limitations established by the amendment to this ordinance in the District in which the sign is located . c . Continuance of Non-Conforming Signs Subject to the termination hereinafter provided, any non-conforming sigr, may be continued in operation and maintained after the effective date of this ordinance; provided, however, that no such sign shall be changed in any manner that increases the noncompliance of such sign with the provisions of this ordinance established for signs *n the District in which the sign is located; and, provided, further, that the burden of establishing a sign to be non-conforming under this Section rests entirely upon the person or persons, firm or corporation claiming a non-conforming status for a sign. d . Termination of Non-Conforming Signs 1 . By Abundonment - Abnnd-)nment of a non-conforming sign shall terminate immediately the right to maintain such sign. 2. By Violation of the Ordinance - Any violation of this ordinance shall terminate immediately the right to maintain a non-conforming sign . 3 . By Destruction, Damage or Obsolescence - The right to maintain any non-conforming sign shall terminate and shall cease to exist whenever the sign is damaged or destroyed, from any cause whatsoever, or becomes obsolete or substandard under any applicable ordinance of the municipality to the extent that the sign becomes a hazard or a danger . 21 4. By Amortization - The right to maintain a non-conforming sign shall terminate in accordance with the follow*-ng schedule: Any sign which on the Shall be ter-rninoted dote the ;ig-i became within the following non-cc)nforming would period after the sign cost the following became non- amount to replace: conforming $ 0 to $ 3,000 2 years 3,001 to 6,003 3 years 6,001 to 15,000 4 years 15,001 or more 5 years a . The right to ma'ntaln a ''Io-Jiina, blinking, fluctuating, aiimated -)r porta:':)!e ;ign shall te-minote within 30 days after such sign became non-conforming provided however, that signs deemed appropriare by the Town Planning Commission, and n t detrimental to the welfare, safety, or character of the Town of Taos, may, by specific action of this body may be granted a variance from this requirement. Section 31 Revocation of Permits The Town Staff is hereby .,uthorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this Ordinance . Section 32 Penalties Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined got exceeding Two Hundred (200 .00) Dollars . Each day such violation is committed, or permitted to ccn+inue, shall constitute a separate offense and shal I be punishable as such I creunder. 22 j • v `# 1 AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION REPAIR, ALTERATION, LOCATION AND MAINTENANCE OF SIGNS AND BILLBOARDS, WITHIN THE TOWN OF TAOS; PROVIDING FOR THE ISSUANCE OF PERMITS AND FEES THEREFOR; THE REVOCATION OF PERMITS; INSPECTION; REPEAL OF CERTAIN ORDINANCES; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THOS: SECTION 1. [SHORT TITLE] This Ordinance shall hereafter be known and cited as the "Sign Regulations." SECTION 2. [DEFINITIONS] As used in this ordinance unless the context otherwise indicates: 1 (a) The term "Sign" shall mean and include any device fixed to, painted on or incorporated in the building surface or displayed from or with a building or structure, or free standing, and which is visible from the public right of way and designed to convey or direct a message to the public concerning the identification of the premises or to adver- tise or promote the interest of any person. The term sign shall also include a graphic design as defined in Section 2 (e). (b) Free standing sign shall mean any sign structurally separated from a building being supported on itself or on a standard or legs. (c) Projecting sign shall mean any sign supported by a building wall and projecting therefrom. (d) Wall sign shall mean any sign painted on, incorporated in or affixed to the building wall, or any sign consisting of cut out letters and devices affixed to the building wall with no background or border defined on the building wall. (e) Graphic design shall mean any artistic design or portrayal, painted directly on the exterior wall, fence, window or other structure which is visible from any public right of way, and which has as its pur- i pose artistic effect and not the identification of the premises or the advertisement or promotion of the interests of any person. (f) Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (g) Height when used in this ordinance shall be the measurement from the top portion of any sign to the street upon which the sign faces. SECTION 3. [PERMITS REQUIRED] It shall be unlawful for any person to erect, alter or relocate within the Town of Taos any sign as defined in this ordinance, without first obtaining a permit from the Building Inspector and making payment of the fee required by Section 6 hereof. This section is not meant to require a permit for routine maintenance and repairs as long as the basic parts of the sign remain the same. SECTION 4. [APPLICATION FOR PERMIT] Application for permits shall be made on blanks supplied by The Town of Taos and shall contain or have attach- ed thereto the following: (a) Name, address and telephone number of the applicar.t. (b) Locatior of the building, structure or lot to which or upon which the sign is to be attached or erected. (c) Position of the sign in relation to nearby buildings or stru- ctures. (d) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground, (e) Name of the person erecting or attaching the sign. (f) Written consent of the owner of the building, structure or land to which or on which the sign is to be erected. (g) Such other information as the building inspector shall require to show full compliance with this and all other town ordinances. SECTION 5. [PMMIT ISSUED IF APPLICATION IN ORDER] It shall be the duty of -2- r the building inspector, upon the filing of an application for a permit to ex- amine such plans and specifications and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the sign is in compliance with all the requirements of this ordinance, is .structurally sound and safe and in compliance with all other ordinances of The Town of Taos he shall then issue the permit. If the work authorized has not been completed within three (3) months of issuance of the permit, the permit shall become null and void. SECTION 6. [PERMTT FFTS] Every applicant, before being granted a permit hereunder shall pay to the Town Clerk the following fee for the total of all signs located on the premises; FEE SIZE RANGE $1.00 per Sq. Ft, 0-20 Sq. Ft. $5.00 per S4. Ft. 21-80 Sq. Ft. There shall be no fee required for those persons bringing non-conforming signs into conformance by July 1, 1978. SECTION 7. [PERMIT REVOCABLE AT ANY TIME] All rights and privileges acquired under the provisions of this ordinance or any amendment thereto, are mere licenses revocable for cause at any time by The Town of 'Taos, and all such permits shall contain this provision. SECTION 8. [UNSAFE AND UNLAWFUL SIGNS] If the building inspector shall find that any sign is unsafe or insecure, or is a menace to the public, or has been erected or is being maintained in violation of this ordinance, he shall give written notice to the permitee or owner of the property thereof. If the permitee or owner fails to remove or alter the sign so as to comply with this ordinance within ten (10) days after the mailing of said notice, such sign may be removed by The Town of Taos, and the permitee or owner shall bear the ex- pense of such removal. No person refusing to pay the costs so assessed shall be issued a. permit. If a sign is an immediate peril to persons or property, the building inspector may cause such to be removed summarily and without notice. -3- SECTION 9. [REMOVAL OF CERTAIN SIGNS] Any sign now or hereafter exist- ing which no longer advertises a bonafide on going business conducted, or a product sold, or whose owner or permitee does not have a current occupational license, shall be removed within ten (10) days after the mailing of a notice thereof by the building inspector. If the owner or permitee fails to remove said sign The Town of Taos may cause such sign to be removed and assess costs of removal to the owner of the building or land upon which said sign is located. SECTION 10. [EX04PTIONS] The provisions of this ordinance shall not apply to the following signs, provided, however, that said signs shall be subject to the provisions of Section 8 and Section 9: (a) Real estate signs not exceeding six (6) square feet and five (5) feet in height which advertise the sale, rental or lease of the premises upon which said signs are located only. Said signs shall be removed within seven (7) days of the sale, rental or leasing of said property. (b) Bulletin boards not over eight (8) square feet and five (5) feet in height, for public, charitable or religious institutions when the same are located on the premises of said institutions. (c) Civic, Religious and Quasi-Public signs, off-Premises. Off- Premises name, directional and information sig , j of service clubs, places of worship, civic organizations and Quasi-public uses as long as said signs are no more than three (3) square feet and no more than five (5) feet in height. (d) Residential Name and Street Address Signs. Residential name and street address signs so long as said signs are no more than one (1) square foot. (e) Street Benners. Street banners advertising a public entertain- meet or event if approved as to location by building inspector may be displayed fourteen (14) days prior to and shall be removed three (3) days after the public entertainment or event. -4- 1 M Official national, state, or town flags for any period of time. (g) Religious Emblems. Religious emblems containing not more than sixteen (i6) square feet or eight (8) feet in height if located on the premises of a religious institution. (h) Temporary Subdivision Identification Signs. One temporary sub- division identification sign may be located on the property to be develop- ed not exceeding sixteen (16) square feet and eight (8) feet in height. Said sign shall not be displayed prior to recording the subdivision plat with the County Clerk and shall be removed upon completion of the project. (i) Temporary Political Signs. Temporary political signs shall be permitted up to a total area of six (6) square feet for each premises. Said signs may be erected no earlier than sixty (60) days prior to any pri- mary or general election; they shall be removed within three (3) days after the election to which the sign pertains. The candidate portrayed on the sign or for whom the sign advertises shall bear the responsibility for removal. (j) Signs located inside a building or structure provided the sign is not readily visible from the public right of way. (k) Advertising for community or civic events. One such sign providing said sign shall not exceed sixteen (16) square feet and eight (8) feet in height and is located upon the site of said event. Said sign may be erected no more than fourteen (14) days prior to the event and shall be removed three (3) days after the event. (1) Construction Signs. One construction sign on the construction site as long as said sign does not exceed ten (10) square feet and six (6) feet in height. Said sign shall be removed upon completion of the project. (m) Memorial Signs or Tablets. One memorial sign or tablet not ex- ceeding three (3) square feet and permanently attached to the building or -5- 1 , f struc cur e. r (n) Gasoline Price Signs. Service Stations shall be permitted one on site sign not to exceed twelve (12) square feet and five (5) feet in height advertising the price of gasoline. Said sign shall not contain any other advertisement. (o) Time and Temperature. Time and temperature signs may be allow- ed with the permission of the Town Council based upon a determination of public need and usefulness. The size and area of such shall be determin- ed by the Town Council. (p) Directional and Informational Signs, i.e. , "Self Service" , "Parking", "Open", "Closed", "Exit" , "Entrance" , including arrows, etc. , ' shall be allowed, providing no more than two (2) such signs are located on one premises, and further providing each such sign does not exceed three (3) square feet. It shall be permissible for the name of the business to appear on directional signs. (q) Other Temporary Signs. Other temporary signs announcing "An- nual Sale", "Sale", "l¢ Sale", "Special Price" , etc. , so long as the signs are window signs and so long as they are clearly temporary in nature and are rot up for more than Forty-five (45) days. SECTION 11. [PROHIBITING SIGNS, LIGHTS, AND OTHER DEVICES] The follow- ing signs, lights and other devices are prohibited under this ordinance: (a) Any sign or part therE,-lf erected, constructed and maintained wholly upon or over the roof of any building. Except for those signs exempt in Section 10 (f) and (g). (b) Gas filled (Neon,ete. ) tubing which is visible to the public view. (c) Any sign or part thereof that radiates light by transmission, is luminescent, floureseent, phosphorescent, flashes, blinks, rotates, changes degrees of illumination, glows, shines, sparkles or is internal- ly lit. -6- (d) Any sign that has as a part of its design any moving parts. (e) Any sign or part thereof that contains any audible device. (f) Any sign or part thereof that is not located upon the premises for which the advertisement exists. (g) Any sign or part thereof which contains lights that shine into the eyes of persons on public property or on the public right of way. (h) Any sign or part t:2reof which obstructs the view of a driver on the public right of way. (i) Any sign or part thereof which might be confused with any author- ized traffic sign, signal or device; or which makes use of the words "Stop" , "look" , "Drive-In", "Danger" or any other word phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic. Q )) Any sign or part thereof that is partially or wholly illuminat- ed by flood lights or spot lights, unless such lights are used for indirect lighting and are not visible from the public right of way. (k) Any sign or part thereof that restricts free ingress or egress from any door, window or fire escape. (1) Any sign or part thereof which is constructed, erected or main- tained on street lines, or within five (5) feet thereof, which does not have a smooth surface. (m) Any wall sign or part thereof that projects more than six (6) inches from the building wall. (n) Any sign or part thereof which extends above the roof, eave or parapet line of the facade cr the building to which it is attached, or ex- tends beyond the ends of the wall to which it is attached. (o) Any projecting sign or part thereof which extends more than four (4) feet from the building to which it is attached, except that; no projecting sign may extend to within twelve (32) inches of the curb line -7- t. nor may any projecting sign be thicker than nine (9) inches. (p) Any part of any sign over or partially over a public walkway, street, alley, lane or other public place if the distance from the walk surface to the sign is less than eight (8) feet, except where the ceiling of a portal prevents this minimum clearance in which case the sign must be no less than seven (7) feet from the surface of the walk. (q) Any sign over or partially over a public walkway that exceeds six (6) square feet. (r) Any sign that is in poor repair. SECTION 12. [AREA AND NUMBER CF SIGNS] A) . In calculating the area of signs, the following shall apply: (1) All faces of a multi-faced sign shall be included. (2) The area shall be that of the smallest rectangle that will wholly contain the sign. Except that the area of a wall sign of cut out lettering with no borders or background defined on the building wall will be considered to be one-half (1/2) the area of the smallest rectangle that will wholly contain the letters. (3) The maximum area for any wall, projecting or free standing sign shall be forty (40) square feet. In no event will a free standing, wall or projecting sign exceed five (5) per cent of the area of the face of its premises and it must have a minimum width of two (2) feet. (4) The maximum area for any joint identification sign shall be seventy (70) square feet. B) In calculating the number of signs allowable, the following shall ap- ply: (1) Each person shall be allowed a maximum number of two signs which is set forth in these combinations, containing a maximum total area of eighty (80) square feet: (A) One free standing and one (1) wall sign, or one (1) -8- projecting sign or, one (1) graphic design, or; (B) Two (2) wall signs; or (C) One (1) wall sign and one (1) projecting sign or one (1) graphic design; or (D) One (1) joint identification sign and one (1) wall sign or one (1) projecting sign or one (1) graphic design. SECTION 13. [SHOPPING CENTERS, BUSINESSES SHARING THE WIE PREMISES] Whenever three (3) or more businesses share the same site or location, unless the land is separately owned by each business, said business may not have a free-standing sign other than a joint identification sign. Each of said bus- ' inesses may also have either a wall sign, projecting sign or graphic design. SECTION 14. [JOINT IDENTIFICATION SIGN] Joint identification signs (directory signs) may be free-standing signs, which shall have two (2) faces and which shall not be located closer than twelve (12) feet from any public right of way. No joint identification sign shall exceed twelve (12) feet in height above the level of any street upon which the sign faces or the height of the building whichever is less. Of the seventy (70) square feet allowed a joint identification sign no more than ten (10) square feet may be allowed to the title of said sign and each person, a party to said sign, shall not utilize more than four (4) square feet. SECTION 15. [FREE STANDING SIGNS] Free standing signs shall be allowed as long as they have two (2) faces and in the following circumstances only: (a) On the site of the person or business erecting, employing or maintaining the same. (b) The building being advertised must be located more than twenty-five (2.5) feet from the public right-of-way. (c) The height of the sign does not exceed fifteen (15) feet above the level of any street the sign faces or the height of' the building -9- on the site whichever is less. (d) The sign shall not be located closer than twelve (12) feet from any public right of way, and may not be thicker than nine (9) inches. SECTION 16. [WIND PRESSURE AND DEAD LOAN REQUIRI4'NTS1 All signs except those listed in Section 10, shall be designed and constructed to withstand a wind velocity of not less than 75 miles per hour; and, to receive dead loads as set forth in the Town of 'Thos Building Code. SECTION 17. [INSPECTION] The Town of Taos shall have the right to inspect all signs for the purpose of ascertaining whether the same is safe, secure, in r. ed of repair and conforming to this ordinance. SECTION 18. [AMORTIZATION OF NONCONFORP4[NG SIGNS] It is hereby determin- ed that the original investment in all nonconforming signs has been recovered, and that the normal useful remaining life of existing nonconforming signs is four (4) months from the date this ordinance is adopted. For the reasons stat- ed all nonconforming signs shall be removed and their use discontinued within four (4) months of the passage and adoption of this ordinance. SECTION 19. [VARIANCES] It is recognized that under very unusual or ex- treme circumstances that certain variances may have to be granted. Variances may only be granted by the building inspector with the approval of the planning and zoning commission after a public hearing with notice. All variances shall be subject to Town Council review and approval. SECTION 20. [PENALTIES] Any person violating any provision of this ordinance shall be deemed guilty of a petty misdemeanor and upon conviction thereof shall be fined not less than $10.00 nor zmre than $200.00. Each day such violation is committed, or permitted to continue shall constitute a sep- arate offense and shall be punishable as such hereunder. SECTION 21. [SEPARABILITY] If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or uncon- -10- stitutional by any court of competent jurisdiction, such portion shall be deem- ed a separate, distinct and independant provision and such holding shall not affect the remaining portions thereof. SECTION 22. [ORDINANCES REPEALED] Ordinances numbers 618 and 629 and/or parts of any ordinances in conflict herewith are hereby repealed. SECTION 23. [EFFECTIVE DATE] This ordinance shall take effect on the lst day of March, 1978. DONE at Taos, New Mexico this 18th day of January , 197 ATTEST: TOWN -CLERK (SEAL) -].l-