Tracey Rieger, owner of The Creamy Whip in Greenhills, pleaded not guilty to two citations involving the artificial cone on the business' roof in August, but the cone was taken down Monday when police threatened to cite the owner of the Greenhills Shopping Center, which houses the ice cream shop, WXIX-TV, Cincinnati, reported Wednesday.
"No building shall have a roof mounted sign, except for signs mounted on the face of a mansard roof," the town's sign ordinance states.
However, Rieger argued the cone is not a sign.
"We have a sign, 'The Creamy Whip,' so it is literally is just an ornamental decoration that's on top of the roof," Rieger said. "We love it. People have come and said how much they appreciate it and appreciate what we've done to bring a little bit of life and a little bit of color and cleanliness back to this shopping center."
Greenhills Municipal Manager Evonne Kovach said there are multiple reasons for not allowing the cone.
"It's certainly a safety issue, but I also think it's aesthetics. One of our concerns is if our one and only little strip center, what if everyone wanted to put something on top of there," Kovach said. "Think how that might look."
People associated with The Creamy Whip told WXIX-TV the citations will be appealed and they hope to return the cone to the roof of the building.