“Commercial message” means a message that directs attention to a business, commodity, service or entertainment enterprise which is intended to produce a monetary profit or earnings which may be lawfully inured to the benefit of any private shareholder or individual and the income of which is taxable under the Internal Revenue Code. Any commercial sign permitted under this Chapter or Chapter 18.50 of the Olathe Unified Development Ordinance is allowed to contain a noncommercial message in lieu of any commercial message subject to all applicable restrictions and performance standards.

“Living sign” means a sign structure, display, drawing, message, plaque or poster held or worn by, under the control of, or attached to a human or animal, located outdoors, for the purpose of advertising or providing information about a for-profit business, commodity, service, product or other commercial activity. A person or animal dressed in a costume for the purpose of advertising or providing information about a business, commodity, service, product or other commercial activity also constitutes a living sign, excluding temporary signage associated with an approved special event permit or parade. Living signs do not include activities or sign structures, displays, drawings, messages, plaques or posters involving a non-commercial message.

“Noncommercial message” means a message intended to direct attention to a political, social, community or public service issue, event or cause, not intended to produce a monetary profit or earnings which may lawfully inure to the benefit of any private shareholder or individual and any income generated from which is exempt from taxation under the Internal Revenue Code.

“Person” shall mean an individual, public or private corporation, association, firm, partnership or unincorporated association, including persons affiliated with a sign.

“Person responsible for placing a sign” means, but is not limited to, by rebuttable presumption, any of the following: An individual, public or private corporation, partnership or unincorporated association that owns a particular sign; whose name is advertised or displayed on such sign; whose telephone number or other contact information is displayed on such sign; whose name or service was advertised or displayed on such sign in promotion of that which was advertised or displayed thereon; or who placed or displayed such sign.

“Place” means to physically place or cause to be physically placed, and shall include, but be not limited to, posting, painting, printing, tacking, nailing, gluing, sticking, carving, or other fastening, affixing or making visible in any manner whatsoever.

“Public Property” means any personal or real property owned by the City of Olathe, the state of Kansas, Johnson County, or any of the public school districts, colleges or universities located in the City of Olathe.

“Public right-of-way” means it is a rebuttable presumption that any area within ten (10) feet of the edge or curb of the paved portion of a road or highway maintained by the City, or the area within the edge or curb of the paved portion of a road or highway and the outer edge of a sidewalk, if greater, is public right-of-way.

“Sign” means any identification, description, illustration, message, symbol, logo or device which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanent or temporary display of merchandise, emblems, corporate flags, pennants or placards, designed to advertise, identify, or convey information, including all supporting structures placed for advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever.

“Sign Structure” means the base, supports, uprights, braces, framework and face of a sign. (Ord. 14-37 § 1, 2014.)