Delta State Structures for Signage and Advertisement Agency Law

DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW

1. Short title and commencement. This Law may be cited as the Delta State Structures for Signage and Advertisement Agency, Law 2015, and shall come into force on the 24th of August, 2016.

2. Interpretation. In this Law, unless the context otherwise permits: "Abinitio" means from the beginning; "Abandoned Structure" includes advertising signs or structures that are derelict or left in a state of disrepair, which may or may not display advertising messages; "Abatement" means the reduction of actions or activities and removal of signs that contravene the provisions of this law; "Advertisement" means something that is shown or presented to the public to help sell a product or to make an announcement; "Agency" means the Delta State Signage and Advertisement Agency; "Annually" means once a calendar year; "Areas of Copy" means the area of the largest single face of the sign within a perimeter which forms the outside shape, but excluding the necessary supports or upright on which the sign maybe more than one section or module, all areas totaled. Any irregular shaped sign surface in the case of wall signs the area copy will be used; "Quarterly" means four times in a calendar year; "Board" means the Board of Directors of the Agency; "Directional Sign" means any sign, which serves to designate the location of any place or area. This includes, but is not limited to, such signs as those identifying restrooms, telephones, parking area, entrances and exits; "Flashing Sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source, not including changeable message signs; "Frontage" means the length of the property line of any one premise parallel to and along each public right-of-way borders; "Governor" means the Governor of Delta State; "Grade" means the elevation of the street closet to the sign to which reference is made measured at the street centre line; "Gross Misconduct" means any act or conduct which in the opinion of the Governor, is considered injurious to the interest of the State; "Illuminated Sign" means a sign, Which is lighted by artificial light source, either directed upon it or illuminated from the interior source; "L.E.D." means Light Emitting Diode; "Multi-faced Sign" means a sign with copy on two or more faces that is legible from more than one direction; "Non-conforming Sign" means a sign that does not meet code regulations; "On-premise Sign" means any sign identifying or advertising a business, person, activity, goods, products or services location on premises where the sign is installed and maintained; "Outdoor Structures" means any structure free-standing or mounted in such a way that it offers a public display of a sign or advertisement; "Owner or Operator" means the actual person, business or corporation that owns and operates a structure on its behalf or on behalf of a third party; "Percentage" means a rate, number of amount in each hundred and any portion or share in relation to a whole; "Project Sign" means a sign, normally double faced, which is attached to an projects from a structure or building fascia; "Roof Signs" means a sign erected upon, against or above a roof; "Sign" means any emblem, painting, banner, pennant, placard, design, identification, description, illustration, illuminated or non-illuminated to advertise, identify, convey information or direct attention to a product, service, place, activity, person, institution, business including any permanently installed or situated merchandise, signs shall include all signs structures; "State" means Delta State of Nigeria; "Swinging Sign" means a sign installed on an arm or mast or spar that is not permanently fasted to an adjacent wall or upright pole; "Wall Sign" means a sign attached to the wall or a building with the face parallel to the plane of a building wall. Thus includes signs painted directly on a wall.

3. Establishment of the Agency (1) There is hereby established for the State, a body corporate to be known as the Delta State Signage and Advertisement Agency. (2) The Agency shall: (a) be a body corporate with perpetual succession and a common seal; (b) have the power to sue and be sued in its corporate name; (c) be capable of holding, purchasing, acquiring and disposing of moveable or immovable property for the purpose of carrying out its functions under this Law.

4. Functions of the Agency. (1) The functions of the Agency shall be to: (a) control, regulate, monitor and inspect all outdoor structures and all outdoor platforms to be used for signage and advertisement to ensure their compliance with the provisions of this Law; (b) control the number, size and location of all outdoor structures; (c) establish a database of all structures and platforms used for signage and advertisement, their owners, operators, as well as their location, sizes and the reasons for the signs; (d) approve and issue licenses and permits for the construction and placement of all outdoor structures in any part of the state; (e) protect the environment from potential adverse impact from visual blights/pollution; (f) ensure that all outdoor structures are professionally and safely designed, erected, modified, maintained or removed when no longer in use to avoid potential loss of lives or damage to property; (g) ensure that outdoor structures are compatible with surrounding land uses and environment and further, to ensure the beautification of the immediate surroundings and vicinity of the advertisement; (h) control the pasting and display of posters on public structures and highways; (i) organize the procedure to regulate the ownership and operation of outdoor structures for the purpose of signage or advertisements under the specific regulations as contained in this law; (j) issue guidelines and standards for the performance of its functions; (k) reject, revoke or modify a permit if found to be in violation of any of the provisions of this Law or the conditions for its grants; (l) prepare and keep all records relating to the issuance or denial of outdoor structures permits as well as appropriate general records; (m) exercise a mediatory role as necessary for all stakeholders in the outdoor advertisement and media sector; (n) generate revenue by levying appropriate fees on all outdoor advertisements; (o) carry out such other activities as appear to it necessary or expedient for the full and efficient discharge of its functions under this law. (2) The Agency shall exercise its functions and powers under this law in the overriding interest of the landscape, the amenity and public safety of all citizens and visitors to the state, taking into account: (a) all physical planning and urban regeneration projects endorsed by the State Government or the Governing Board of the Agency, so far as they are material; (b) transportation and way-finding plans and projects endorsed by the State Government or the Governing Board of the Agency; (c) any other relevant factors. (3) Without prejudice to the generality of sub-section 2 of this section, (a) factors relevant to amenity include the general characteristics of each town, locality or area in the State including the presence of any feature of historic, tourist, architectural, cultural or similar interest; (b) factors relevant to public safety include: (i) the safety of all persons using any road, highway, junction, roundabout, railway, waterway, air space or harbor across the State; and (ii) whether the display of the advertisement in question is likely to obscure or hinder the ready interpretation of any traffic, safety, public utility, railway or other transportation sign.

5. The Board of the Agency. (1) There is established for the Agency a Governing Board, which shall be responsible for running the affairs of the Agency. The Board shall consist of: (a) A Chairman who shall be appointed by the Governor; (b) Three representatives of the Local Government Councils in the State who shall be Chairmen of Councils shall be appointed by the Governor on the basis of one for each Senatorial District; (c) The Managing Director of the Agency; (d) The Secretary of the Agency who shall be the Secretary of the Board; (e) A representative of the Ministry of Environment; and (f) The Economic Adviser to the Governor. (2) The Chairman and members of the Board: (a) shall hold office for a term of four years; and (b) may be re-appointed for a further term and no more. (3) Notwithstanding the provisions of Section (5)(2)(a) and (b) of this Law, a member may: (a) at any time resign his appointment by a notice addressed to the Governor; or (b) be removed by the Governor. (4) The Board shall meet quarterly and their procedure for meetings shall be as set out in Schedule 1 to this Law. (5) A member of the Board shall be paid such allowances and/or benefits as applicable to other Boards in the State.

6. The Technical Committee of the Agency. (1) There is established for the Agency, a Technical Committee to the Governing Board. (2) The Technical Committee shall consist of: (a) Chairmen of each of the Local Government Councils in the State, (who shall nominate amongst themselves a Chairman for the Technical Committee); (b) A representative of the Ministry of Environment. (c) The Managing Director of the Agency; and (d) The Secretary of the Agency. (3) The members of the Committee: (a) shall hold office for a period of term as may be determined by the Board; and (b) Resign his appointment by a notice addressed to the Chairman of the Board. (4) The Committee shall meet three times a year and their functions and meeting procedures are set out under Schedule 2 of this Law. (5) A member of the Committee may be paid such allowances and/or benefits as may from time to time be determined by the Board. (6) The tenure of members of the Committee who are Chairman of Council shall be determined at the expiration of the term of the Local Government Councils in the State.

7. Appointment/Removal. (1) There shall be, a Managing Director for the Agency who shall be appointed by the Governor subject to the confirmation of the House: (a) The Managing Director shall be a person of proven integrity and possesses a university degree or its equivalent with not less than ten (10) years cognate post qualification experience and shall hold office for a term of four years and may be reappointed for another term only. (b) The Managing Director shall be the Chief Executive and Accounting Officer of the Agency. (2) Notwithstanding the provisions of this Law, the Governor shall have power to remove the Managing Director. (3) (a) There shall be appointed a Secretary for the Agency who shall also be the legal adviser to the Agency, shall keep the records, conduct the correspondence of the Board and perform such other duties as the Managing Director may from time to time direct. (b) The Secretary shall be a legal practitioner not below the rank of an Assistant Director and seconded from the State Public Service. (4) The Secretary shall be appointed by the Governor for four years and may be reappointed for another term only. (5) The Agency shall have powers to employ staff for the purposes of discharging its functions in accordance with the provisions of this Law subject to the express consent of the Governor.

8. Appointments and Functions of Special Committees and Consultants/Contractors . (1) The Agency may, with the approval of the Board: (a) appoint special committees from amongst its members of staff either to manage or advise on matters concerning investigation, initiation, administration or progress of any project or scheme which the Agency may undertake in the discharge of its functions; (b) appoint agents, consultants or contractors from time to time as the Agency may deem fit to exercise or perform any of the powers or duties conferred or imposed upon the Agency, or to provide professional services to the Agency. (2) The Board shall appoint Consultants to the Agency for both the State and Local Governments in their joint exercise of powers, who shall be technical partners to the Agency in the exercise of its functions. (3) The Agency shall, through a Memorandum of Understanding between the Agency and the Local Government Councils in the State prepared and sealed by the Attorney- General and Honourable Commissioner for Justice, be empowered to delegate to the consultants, the collection of revenue in respect of outdoor structures, signage, boarding and advertisement on their behalf. (4) The Agency may delegate to the Consultants any other functions as it may deem fit. (5) The Consultant shall from time to time advise the Agency and make recommendation(s) on all matters relating to the regulation of outdoor structures and their uses for the display of signage and advertisement and any other matters connected thereto.

9. Funds of the Agency. (1) The funds of the Agency shall consist of: (a) such monies as may be appropriated to the Agency by the State Government; (b) such monies as may be granted to the Agency from time to time by the State Government; (c) Grants-in-aid from national, bilateral, multilateral and donor agencies; (d) All sums, debentures, investments or other properties vested in the Agency; (e) Such monies raised by loan under the powers to borrow vested in the Board by this Law; (f) All other sums accruing to the Agency from time to time; and (g) All fees, charges and tariffs for all services rendered by the Agency. (2) The Agency shall operate bank accounts for its funds with reputable banks in the State and the signatories to the account shall be the Managing Director and the Head of Accounts. (3) Pursuant to Section 9(2) of this Law, all funds of the Agency shall be collected and kept in bank accounts as follows: (a) all funds of the agency listed in section 9(1)(a) to (f) of this Law shall be collected and kept in an account to be known as the "Expenditure Account"; (b) all funds of the Agency listed in section 9(1)(g) of this Law shall be collected and kept in a separate account to be known as the "Revenue Account". (4) The funds derived from all fees, charges, tariffs and services rendered by the Agency under Section 9(1)(g) of this Law shall be shared between the State Government, all Local Governments, the Agency and Consultants, based on derivation principle of 10% for the State Government 70% for Local Government Councils, 10% for the Agency and 10% for Consultants.

10. Review of Fees, rates and tariff. Subject to the approval of the Board, the Agency may from time to time review the fees, rates and tariffs charged for its services under Section 9(1)(g) of this Law.

11. Fund Allocation Committee. (1) The Governor shall from amongst the members of the Board, set up a Committee to be known as the Fund Allocation Committee, which shall determine the revenue in the "Revenue Account" available for sharing by the State, each Local Government Area, the Agency and the consultant from the sum total of the revenues raised by the Agency under Section 9(1)(g) of this Law. (2) The Fund Allocation Committee shall, in the allocation and distribution of all funds between all parties, take into consideration the Agency's liabilities and derivation principle in the Local Government Councils.

12. Expenditure of the Agency. (1) The funds derived from the Agency under Section 9(1)(a)-(f) of this Law shall be used for the Agency's operations and projects subject to the approval of the Board. (2) The Agency may from time to time apply the proceeds of the funds to: (a) the cost of administration of the Agency; (b) the payment of allowances and/or benefits of members of the Governing Board; (c) the payment of salaries, fees or other remuneration or allowances, gratuities, pensions and other benefits payable to the officers and other employees of the Agency, so however that no payment of any kind under this paragraph (except such as may be expressly authorized by the Board) shall be made to any person who is in receipt of emoluments from the State Government; (d) the development and maintenance of any property vested in or owned by the Agency; and (e) any matter in connection with all or any of its functions under this Law.

13. Annual Estimates and Accounts. (1) The Agency shall, not later than 30th September in each year, submit to the Board an estimate of its expenditure and income (including payments to the Agency) for the next succeeding year. (2) The Agency shall keep proper accounts in respect of each year and proper records in relation to those accounts and shall cause its accounts to be audited within six months after the end of each year by auditors appointed in accordance with guidelines supplied by the Auditor-General of the State.

14. Annual Reports. The Agency shall prepare and submit to the Board, the State Government and all Local Governments not later than six months after the end of each year, a report of the activities of the Agency during the immediate preceding year, and shall include in such a report, a copy of the audited accounts of the Agency and the auditors report of the accounts.

15. Power to Borrow. Subject to the written approval of the Board, the Agency may, from time to time, borrow by overdraft, mortgage or otherwise such sums as it may require for the performance of its functions under this Law, provided that such borrowing shall receive the prior approval of the Governor.

16. Investment. The Agency may, subject to the provisions of this Law and the conditions of any trust created in respect of any property, invest its share of funds in any security as may from time to time be approved by the Board.

17. Fees, Payment and Enforcement. The Agency shall: (a) prescribe the amount to be paid as fees/charges within the different zones for mounting of outdoor structures as well as the necessary charges for amendment of the existing structures subject to the approval of the Board; (b) have the power to charge commercial tariffs, which may vary from area to area and also make direct charges on users for structures and signage; (c) notwithstanding the provisions of any other Law, any person who fails or neglects to pay any tariff, fee, charge or rate shall be deemed to be a debtor and such debts may be recovered by a civil action to be initiated by the State Ministry of Justice in a court of competent jurisdiction. (d) a debtor shall be liable for the Agency's legal fees for enforcing or realizing the debt as well as any other costs incurred by the Agency in enforcing the debt against the debtor.

18. Registration and Permit. (1) Every outdoors structure shall be registered by its owner provided that the owner shows a proof of tax clearance certificate to the Agency. (2) Structures under this Law include: (a) structures for free-standing portable signs including any sign on a standard column or A-frame board fixed to its own self-contained base, which may be moved manually temporarily attached to a permanent free-standing sign; (b) structures for billboards including any signage structure designed and intended to provide a leasing advertising copy area, where the copy area can be periodically replaced, typically by use of pre-printed copy or otherwise mounted unto the copy area; (c) structures for billboards of the spectacular type with a total area size of 20 square meters and over; (d) structures for roof signs including any sign that is entirely upon and above the roofline or parapet of a building; (e) structures for wall signs including any sign including painted on a wall or building; (f) brand colours displayed on a building; (g) structures for furniture including bus shelters, pedestrian bridges, overhead gantries and statue type of sign including structures, kiosks supporting outdoor advertising or signage; (h) (h) structures for temporary signs including any permitted, designed or intended to be displayed for a short period of time; (i) structures affixed to lamp poles, dust bins, bus shelters and other such public infrastructure; (3) Where such an owner is a corporate entity, such corporate entity shall provide its registration number as a reference with the application for permit. (4) The information required for the outdoor structure and the application are provided in the schedules to this Law . (5) Every registered outdoor structure shall have a registration code provided by the Agency. (6) No structure shall be erected without having its registration code duly sealed or mounted on it. (7) Any such sign shall be recorded using the form and the Law attachment referred to in the Schedules to this Law. (8) the permit required by the Agency shall be issued upon the payment of the prescribed fees, and shall be renewed annually. Each structure shall bear, at its base, the registration number of the owner as well as the permit number of the structures.

19. Structures Requiring Special Permit. The following structures shall require special permit: (a) structures that exceed the permissible number per the specifications provided in the schedules to this Law; (b) structures that are illuminated by flashing lights, bare bulbs, neon signs, LED signs that do not conform to the scope of illumination provided in the schedule to this Law; (c) the use of mobile trailers, trucks, buses or vehicles for the sole purpose of advertising.

20. Application for Permit/Renewal of Permit . (1) Every application for a permit or for the renewal of a permit shall be addressed to the Managing Director of the Agency. (2) An application for a permit or for the renewal of a permit shall be in the form specified by the Agency. (3) The fees payable for the issuance or renewal of a permit shall be determined from time to time by the Agency and shall be paid at the time the application for the issuance or renewal of a license is made. (4) All licenses, renewals and permits shall be valid for one year.

21. Certificate of Registration. (1) A Certificate of Registration shall be issued to the applicant, which will entitle him to apply for a permit for ownership. (2) the terms and conditions on the permit shall constitute a binding agreement between the Agency and the recipient of the permit. Such recipient shall be liable for the legal fees in respect thereof. (3) A registration number shall be assigned to the holder of the Certificate of Registration, which shall be used for any correspondence or reference with the Agency. (4) The applicant shall complete the prescribed application form and shall supply the Agency with all necessary information, additional documents and accompanying materials required.

22. Unlawful Erection of Structure. It shall be unlawful for any person to erect, construct, enlarge or structurally modify an outdoor structure or operate any structure for signage and advertisement without first being registered by the Agency.

23. Existing Structures. (1) Owners and operators of existing structures shall complete and submit the prescribed registration form with the Agency and apply for the permits required by this Law. (2) Where an existing structure does not conform with the requirements and standards under this Law, the Agency shall notify the owner to remove such signs within 30 days of receipt of notice, failing which the Agency shall direct the removal of same at the expense of the owner. Such notice shall be deemed to be satisfactorily served if pasted on the structure. (3) Where an existing structure is not registered within a period of 6 months following the enactment of this Law, the Agency shall direct the removal of same at the expense of the owner. (4) All existing structures that do not conform with the requirements of this Law shall be demolished at the expense of the owner.

24. Exemption from Registration. Any structure for official, directional or warning signs erected or maintained by the Federal or State authorities, or by any local government authority thereof, or by any rail road, public utility or similar authorized body concerned with the protection of public health or safety shall not be subject to any provisions set out in this Law.

25. Prohibition. (1) All structures used for signage and not expressly permitted by this Law shall be prohibited except signs that are less than half a square meter in area. (2) The following signs are prohibited: (a) signs with unethical or obscene contents; (b) signs with spelling errors; (c) signs that are not in conformity with Federal, State or Local Government Laws, Rules or Regulations; (d) outdoor structures of any classification installed, erected or attached in any form, shape or manner to fire escape, water hydrants or any door or window giving access to any fire escape; (e) abandoned signs; (f) outdoor structures obstructing pedestrian or vehicular visibility or otherwise interfering with the safe operation of vehicles or the safety of pedestrians.

26. Fines and Penalties. (1) Any person violating any provisions of this Law or who violates or fails to comply with any Regulation or Order, or falsifies plans or statement or information filed hereunder; or who shall continue to display a sign or billboard, L.E.D screens, post any bills, posters, signs, panels, banners, stickers and other advertising materials and messages on trees, electricity poles, road directional signs, road dividers, flyovers, bridges, walls and rocks or any unauthorized surface whatsoever, is guilty of an offence and shall pay a fine as may be prescribed under the provision of this Law. (2) A fine of one thousand naira shall be imposed for each day during which the violation continues and the same fine shall be imposed for any infringement of this Law up to a maximum of four weeks. (3) Where the infringement persists beyond four weeks or the offender fails to pay the fine, the Agency shall order the removal of the structure at the cost of the owner. (4) Where an offender fails to pay the fine within the stipulated period, he shall be guilty of an offence and be liable on conviction to a term of imprisonment not exceeding two months or a fine not less than fifty thousand naira.

27. Power to make Regulations. The Agency shall have the power to make and modify regulations from time to time to enforce the provisions of this Law.

28. Permissible Outdoor Structures. The following signs are permissible outdoor structures that may be regulated by the Agency: (a) on-premise and off-premise signs and billboards; (b) lamp post or pole-mounted advertisement; (c) illuminated lighting devices used in conjunction with on- premise and off- premise signs and billboards; (d) decorative flashing lights, banners, posters, pennants, strings of lights, ribbons, streamers for advertising purpose; (e) portable signs, including but not limited to "A-Frame" signs and air activated attractions and devices; (f) directional signs, including those pertaining to public and private addresses; (g) all inflatable signs (i.e. advertising balloons); (h) furniture advertisements; (i) all political signs; (j) L.E.D. screens; and (k) Any other mode as may be approved by the Agency.

29. Repeal and Saving . (1) The Delta State Structures for Signage and Advertisement Agency Law, 2013 is hereby repealed. (2) the provision of sub-section (1) of this section, shall not affect anything previously done or purported to have been done under the repealed Law. Schedule 1 DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW The Governing Board of the Agency

1. The Governing Board shall be the highest decision making authority of the Agency, through which final decisions of the Agescy must be made.

2. The Board shall meet quarterly for its business at such a place and time in the State Capital as the Chairman may from time to time determine. a. The quorum of the Board shall be one-quarter of the members present including the Chairman. b. All meetings of the Board shall be summoned by the Secretary. c. A special meeting of the Board may be summoned at the request of the Chairman, provided that where Chairman and the Secretary fails, refuses or neglects to summon a meeting for more than a of six months, a special meeting may be duly convened by a notice specifying the items to be deliberated and signed by 2/3 members of the Board. d. The Chairman shall preside at any meeting of the Board, but that in the absence of the Chairman, members present may elect a member amongst them to preside at that meeting with the requisite quorum.

3. The Chairman shall have the final vote at any meeting.

4. The Managing Director, and the Secretary shall attend all meetings of the Board and take part in its proceedings and the Board may also require any of its officers to attend such meetings and take part in the proceedings but neither the Managing Director, the Secretary, nor any of the officers of the Agency attending its meeting shall have a right to vote on any matter.

5. The validity of any proceedings of the Board shall not be affected by any vacancy in the membership of the Board or any defect in appointment of a member or by reason that a person who is entitled to do so took part in the proceedings.

6. The office of a member of the Board shall become vacant if: a. he resigns by notice in writing addressed to the Governor; b. he is removed by the Governor; c. his term of office expires; d. he dies; e. he becomes insane; f. he becomes incapacitated in mind; g. he is adjudged bankrupt; h. he is convicted of any criminal offence bothering on dishonesty or fraud or moral turpitude; and i. he ceases to be an employee or officer of the body which he represents on the Board. Schedule 2 DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW The Technical Committee Shall:

1. (a) provide insights and advise to the Governing Board in the areas of signage characteristics of the respective Local Government Areas; (b) make recommendations to the Agency on fees chargeable on high streets, historic landmarks and key areas within the respective Local Government Areas; (c) recommend staff to the Agency for employment from within the respective Local Government Areas, provided that the recommended staff meets the Agency's recruitment criteria and such recommendation is made upon the request of the Agency to recruit new staff; (d) liaise with the Agency in the clean up and clear out of the respective Local Government Areas; (e) such other advisory support as they may from tine to time render to the Agency.

2. the Committee shall not have any executive powers with reference to any of the provisions of this Law.

3. The Committee shall meet three times for its business at such a place and time in any Local Government Area as the Chairman may from time to time determine.

4. The Committee meetings shall be summoned by the Secretary.

5. The members of the Committee shall elect a Chairman from amongst themselves who shall be a Local Government Chairman.

6. The Committee Chairman shall serve for a maximum period of one Calendar year, after which another Chairman shall be elected from amongst the Local Government Chairmen.

7. Discussions of the Committee containing advise and recommendations shall be recorded and decisions reached, published in a communiqué to be signed by the Chauman and at least two-thirds majority of the members of the Committee.

8. A person shall cease to be a member of the Committee if: a. he resigns by notice in writing addressed to the Chairman of the Committee; b. he is removed by the Governor; c. his term of office expires; d. he dies; e. he becomes insane; f. he becomes incapacitated in mind; g. he is adjudged bankrupt; h. he is convicted of any criminal offence bothering on dishonesty or fraud or moral turpitude; and i. he ceases to be an employee or officer of the body which he represents in the Committee. Schedule 3 DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW Permissible Structures that Require No Special Permission

1. Building Numbers Signs indicating the number of a building or street name.

2. Identification Signs One customary identification sign per building entrance not to exceed 0.05 square meters which indicates name, type of business, and/or hours of operation, attached to or painted on a window, door, or building area next to the main entrance or gate.

3. Residential and Real Estate Signs. This category of signs must not exceed one half of a square meter in area or two meters in height. The sign or billboards are allowed only on the property offered for sale or lease with no more than one sign per street frontage. Such said signs shall be removed from the site not later than five days after the sale or lease of the property.

4. Political Signs. Signs not to exceed one and a half square meters on residential/property and three-square meters on non-residential properties. The height of the sign shall not exceed two meters. No political sign shall be placed in the right-of-way or in any location or manner as to block visibility to any roadway or property. Political signs shall be removed not later than ten/days following the election. Grand Opening and Seasonal Sales Signs

5. Signs indicating a new business or idea including signs indicative of social gatherings such as meetings and convention.

6. Holiday Decorations for commercial establishment provided that such decorations are displayed for a period of not more than forty-five consecutive days.

7. Interior signs inside a building displayed not closer than one meter from the window area. Schedule 4 DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW General Considerations for Outdoor Structures l. (a) Non or off-premise signs shall be mounted within any public right-of-way except by the government agencies having jurisdiction within that right-of-way, unless otherwise allowed by the provisions of the Law of Delta State. Signs that are presently mounted on the right-of-way should be removed within a maximum of three months of coming into effect of this Law. (b) On premise signs shall be affected and maintained only as accessory used or structures to the principal use of as building or land.

2. (a) Where signs or billboards are illuminatcd electronically, a separate special permit shall be obtained from the relevant body. (b) No illuminated lighting device used in conjunction with an on-preimise or off-premise sign shall be placed or directed so as to permit the illumination to be directly beamed upon a public thoroughfare, highway, sidewalk, or adjacent premises so as to cause direct glare or reflection that may constitute a hazard to public safety or create a nuisance. (c) Where applicable all wiring, fittings, and materials used in the construction, connection, and operation of electronically illuminated on-premise or off-premise signs shall be in accordance with the provision of the relevant codes in effect. (d) Except specific limitations noted in the following sections, ribbons, streams or other similiar moving devises shall not be displayed for advertising or attracting attention, either independently or as part of an on-premise or off-premise sign.

3. (a) No on-premise or off-premise sign shall obstruct pedestrian or vehicular visibility or otherwise interfere with the safe operation of vehicles or the safety of pedestrians. (b) No on-premise or off-premise sign of any classification shall installed, erected, used or maintained which in any way stimulates official, directional or warninig signs erected or attached in any form, shaped, or manner to a roof, fire escape or any door or window giving access to fire escape. (c) No on-premise or off-premise sign or other object shall be erected, used or maintained which in any way stimulates official, directional or warning signs erected or maintained by the Federal or by any railroad, public utility or similar authority or agency concerned with the protection of public health of safety. (d) No on-premise or off-premise sign shall be painted or attached to, or maintained on a rock, tree or other form of vegetation, except those specifically permitted.

4. All on premise and off-premise signs shall be kept in a secure and safe condition.

5. (a) When conflict arises between the on-premise sign and off-premises sign requirements of this Law and those of Delta State regarding the placement of on-premise and off-premise signs adjacent to State highways, the more restrictive regulation shall be applicable. (b) All on-premise and off-premise signs shall be erected to meet the construction standards of the State and any subsequent amendments. Schedule 5 DELTA STATE STRUCTURES FOR SIGNAGE AND ADVERTISEMENT AGENCY LAW Special Limitations for Outdoor Structures used for Signs

1. (a) The size of one face of a sign shall be determined by scaling signage to the mass size of the associated building in accordance with the following provisions. (b) The size of one face of a sign is determined by multiplying a factor times the spare root of the area facing the building, of this schedule specifying the applicable mass factors. Either of the following two methods may be used in determining: (a) Section 14 of this Schedule provides rounded off factors for building sizes; and (b) multiplying the height of a building shall be the vertical distance the established grade of the lot to the roof line in the case of flat means between the point of the gable and the eaves in thc case of notched roofs.