5.4. SR 05-14-2012..._-:
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REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 5.4
AGENDA SECTION MEETING DATE PREPARED BY
General Business Ma 14, 2012 Tina Allard, Ci Clerk
ITEM DESCRIPTION REVIEWED By
Code Enforcement Direction for Political Campaign Signs Cal Portner, Ci Administrator
REVIEWED BY
erem Barnhart, Plannin Mana er
ACTION REQUESTED
Council to clarify staff direction on the process of enforcement for illegal political campaign signs.
BACKGROUND/DISCUSSION
Per state law, beginning June 29 campaign signs can be erected in any size and number. State law
prohibits them in certain locations such as in right-of--ways and on utility poles. During the 2010 election
season, campaign signs involved much staff time in the management of illegal sign placement. Staff
received numerous complaints from candidates, property owners, and political parties regarding the
removal of their signs from right-of--ways.
Current Temporary Sign Policy
Per past Council direction, the removal of illegal temporary signs is as follows:
Com~ilaint Driven
Staff will receive a complaining about an illegal sign. Staff will check on the sign and if it is in the
right-of--way the sign is removed. A sweep is completed of all signs in the general area of the
complaint.
Beautification
Highway 10/169 and other major corridors are swept on a regular basis for the removal of any
illegal signs.
Ha~ardr
Any signs that are deemed to cause a hazardous situation shall be removed.
Signs are taken to the Public Works garage where they can be picked up by the owner.
With election season kicking into high gear this summer, staff wanted to provide this information to
Council as a reminder of the current process in case complaints are received.
Staff would like to clarify direction from Council regarding the removal of campaign signs located around
the city so when complaints are fielded to staff or Council, we can make sure we are responding
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N:\Public Bodies\City Council\Council RCf1\F,lections\Sign Policy Direction.docs
consistently. Due to the intense nature of the political season, it may be appropriate to adjust this policy,
eliminating the need for a complaint.
Information could be posted on the city website and in the paper.
ATTACHMENTS
Page from Ciry Candidate Campaign Manual
Mn/DOT Letter
Miscellaneous Statute References
Action Motion by Second by Vote
FOllow Up
N:\Public Bodies\City Council\Council RCA\Llections\Sign Policy Direction.docx
CAMPAIGN SIGNS (SS 21 I B.O45)
Please distribute this information to campaign workers since they may not be familiar with the laiv.
Political signs are permitted in any zone in the City of Elk River. Such signs shall be
consistent with state statute. Political signs may be placed only on private property and only
with the permission of the property owner. Political signs shall not be placed in public right-
of-way or on public utility poles, trees/shrubs, or painted on rocks or any other natural
features. Signs shall not be illuminated. Signs cannot be within 100 feet of a building where
voting is taking place. This would include polling locations and the Sherburne County
Government Center.
All political non-commercial signs of any size may be posted in any number beginning June
29 in a state general election year until ten (10) days following the state general election.
These laws apply to all state, county, city, and township roads and highways.
State and local road workers will remove any illegal signs and will temporarily store the sign
or notify the candidate so that the signs can be retrieved.
PrJLITICAL SIGNS
Political signs may be placed only an private
property and only with the permission of the
property owner
Political signs shall not be placed in public
right-of--way or on public utility poles,
treeslshrubs, or painted on rocks or any oth
natural features. _
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City of Elk River www.ci.elk-river.mn.us
13065 Orono Parkway Phone: 7b3.635.1000
Elk River, MN 55330 Fax: 7b3.635.1090
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TO CANDIDATES ;=OR P2JBl.lC pFFICE
This letter is to remind you that state law prohibits the placement, painting, printing or afti~ing of
advertisements on any object within the limits oi`any highway i~n Minnesota. This prohibition in
Minnesota Statutes, section 760.?7, applies to political carrrpaign signs as well as to all other forms of
advertising. The law applies to all suite, county, city artd township roads and highways.
h~ addition, the Minnesota Outdoor Advertising Control Aet (MinnesotaStatutes, section l?x,15)
prohibits erecting advertising devices:
• Un private land without the consent of the owner or occupant;
• t)n public utility poles;
• (3n trees ar shrubs, and
Eliy painting, or drawing on rocks or natural features.
The Federal Highway Administration office in Minnesota monitors Minnesota's compliance with federal
highway beautification laws. State transportation employees are responsible for admin istering these Iaws
on state highways and must remove signs that violate the laws. County, city and township employees
administer these laws on their roads.
Since political campaign workers may not be familiar with the laws, please distribute this information to
those who place signs on your behalf. Local Iv1nII30T offices should tae contacted for assistance when
signs are being placed where the specific highway right-of-way cannot t~ clearly identified. then
improperly placed signs are removed by Mrs/17pT employ~os, every efft~rt will lse made to temporat~ly
store the sign and notify the candidate so that the signs can be retrieved by the candidate or tl7e
candidate's workers.
1 sincerely repuest your cooperation in ensuring your campaign workers are aware of these laws.
Mn1UOT employees will make even effort to be fair and impartial in administering the law so that all.
advertisers can expect etlual treatment under this law,
Tha,~k you for your coc~peratian..
Siriccrely,
Thomas K. Sorel
Commisslorier
211 B.045, 2011 Minnesota Statutes
2oii Minnesota Statutes
Page 1 of 1
211B.045 NONCOMMERCIAL SIGNS EXEMPTION.
In any municipality, whether or not the municipality has an ordinance that regulates the size or
number of noncommercial signs, all noncommercial signs of any size may be posted in any
number from 46 days before the state primary in a state general election year until ten days
following the state general election.
History: 1990 c 585 s 30; 2004 c 142 s 1; 2010 c 184 s 42
https://www.revisor.mn.gov/statutes/?id=211 B.045 04/25/2012
(c) A campaign ertisement that is disseminated a n advertisement by broadcast
or cable television must i ude closed captioning for of and hard-of-hearing viewers,
unless the candidate has file ith the board befor a advertisement is disseminated a
statement setting forth the reason or not Join so. A campaign advertisement that is
disseminated as an advertisement tot pub 'c on the candidate's Web site must include
closed captioning for deaf and hard-of-h ing viewers, unless the candidate has posted on
the Web site a transcript of the spoke onte of the advertisement or the candidate has
filed with the board before the adv tisement is ' seminated a statement setting forth the
reasons for not doing so. A ca aign advertisemen ust not be disseminated as an
advertisement by radio unl the candidate has poste n the candidate's Web site a
transcript of the spoken ontent of the advertisement or th candidate has filed with the
board before the ad tisement is disseminated a statement s ing forth the reasons for
not doing so.
160.27 PARTICULAR USES OF RIGHT-OF-WAY; MISDEMEANORS
Subd. 1. Public notices. With the approval of the proper road authority, billboards for the use
and purpose of displaying public notices only may be erected within the limits of any
public highway, including city streets.
Subd. 6. Removal of unauthorized advertisements, buildings, or structure. The road
authorities may take down, remove, or destroy any advertisement, building, or
structure in or upon any highway in violation of this section and section 160.2715.
160.2715 RIGHT-OF-WAY USE; MISDEMEANORS
(a) Except for the actions of the road authorities, their agents, employees, contractors, and
utilities in carrying out their duties imposed by law or contract, and except as herein
provided, it shall be unlawful to:
(1) obstruct any highway or deposit snow or ice thereon;
(9) place or maintain any advertisement within the limits of any highway, except as
provided in section 160.27, subdivision 7;
(10) paint, print, place, or affix any advertisement or any object within the limits of any
highway except as provided in section 160.27, subdivision 7;
(11) deface, mar, damage, or tamper with any structure, work, material, equipment, tools,
signs, markers, signals, paving, guardrails, drains, or any other highway appurtenance
on or along any highway;
(b) Any violation of this subdivision is a misdemeanor.
200.02 DEFINITIONS.
Subd. ajor political party.
(a ajor political parry" means a political arty that maintains a party organization
in t tate, political division or preci tin question and that has presented at least
one can i e for election to the of ce o£
(1) govern nd lieutenant vernor, secretary of state, state auditor, or
attorney gen 1 at t ast preceding state general election for those
offices; or
(2) presidential e for or .senator at the last preceding state general
election f residential ele rs; and whose candidate received votes in
each c my in that election an eived votes from not less than five
pe ent of the total number of indivi is who voted in that election.
Office of the Minnesota Secretary,gP'State 43