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9.1. SR 01-20-2015City of Elk River Request for Action To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session January 20, 2015 T. John Cunningham, Fire Chief Item Description Reviewed by Code Enforcement of Signs in Right -of -Way Cal Portner, City Administrator No Reviewed by Action Requested None unless otherwise directed by Council. Background /Discussion At the September 2, 2014, meeting of the City Council, Council directed staff to conduct additional research on how other cities handle the enforcement of signage in the public right -of -way (ROW). Staff contacted a number of surrounding cities, a summary of which is provided below, including references to applicable city code(s): City Does ordinance Is ordinance actively Notes allow signage in enforced? ROW? Andover No No 12 -15 -5: The following signs shall not be erected within the city. (e) Signs within the public right of way or easements, except as authorized by the governing bod y. Anoka No Mixed. All signs are removed except garage sale signs. Signs are discarded. 74 -446 (a): Signs shall not be permitted within the public right -of -way or on easements, except that the City Manager or designee of the City Manager may allow temporary signs for local community event to be erected upon a site designated by the City. 74 -447 (c): Political signs. Political signs, per MS 211B.045, as may be amended from time to time, except that such signs shall not be located in the public ri ht -of -way. Big Lake No Yes Signs are only removed from ROW if they create a safety problem for the public. 13.5: No signs shall be allowed in the public right -of -way, except the following: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, identify a community festival or event, and direct or regulate pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; emergency signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way. Signs identified in this paragraph are exempt from sin ermits and fees. Blaine No Mixed All signs are removed except for school - related signs. PV0WIBEO Br INAMUR Signs are discarded. Not available. Brooklyn Park No Yes All signs are removed and discarded. Maintains a clear view of triangle of 30' at all intersections. 150.04 (c): No sign other than bench signs at public transit stops and governmental traffic safety or roadway information signs and off -site directional signs as defined in § 150.03 may be permanently or temporarily erected within any street right -of -way or upon any public easement. Champlin No Yes All signs in ROW are removed and discarded. 118 -4 (f) (5): The city may cause any sign erected in the right -of -way not in conformance with this chapter to be removed summaril and without notice. Coon Rapids No Yes All signs in ROW are removed and discarded. Maintains a clear view triangle of 30' at intersections. 11 -2106, Temporary Signs, (2) (b): A temporary sign under this section must be set back at least one foot from a public sidewalk or 18 feet from the street pavement if there is no sidewalk. In no case will a sign be located within a public ri ght-of­way right-of-way or within 10 feet from any other proper line. Maple Grove Yes See ordinance. See ordinance. All other signs are removed. 24 -6 ft Placement of signs on right -of -way or public land. (2) Only governmental signs, signs for a rummage sale posted no more than 120 hours in any eight -day period and signs advertising the sale of real estate between the hours of 6:00 p.m. Friday to 6:00 a.m. Monday may be erected or placed within any public right -of -way or easement. No nongovernmental sign shall be placed in a public right -of -way abutting 24 -7 (9): (a) Rummage sales may be held and signs displayed therefor provided that: 1.The exchange or sale of merchandise is conducted inside the principal or accessory structure; 2.The number of sales per year does not exceed four; 3.The duration of the sale does not exceed three consecutive days; and 4.Afl related signs are placed only with the permission of the owner, occupant, or other person having control of any private property on which any such sign is posted. (b) All related signs shall conform to the applicable provisions of this chapter, and the person holding or advertising the sale shall cause all such signs to be removed no later than 120 hours after posting. Osseo No Yes All signs in ROW are removed and discarded. 153.092 (b) the following signs are specifically prohibited by this subchapter: (1) Any sign which obstructs the vision of drivers or edestrians or detracts from the visibility of any official traffic - control device. Princeton No Yes All signs in ROW are removed and discarded. 605.01: Obstruction of Right -of -Way. No person, firm or corporation shall construct, erect or maintain any sign or other obstruction upon any street, including sidewalk, boulevard or curb, within the City of Princeton, Minnesota, the support of which depends upon any pole, standard, brace or guy wire placed or anchored in any portion of street, including sidewalk, boulevard and curb unless otherwise allowed elsewhere in these city ordinances. Rogers No Mixed Permit required for all signs; non - permitted signs are removed. 113 -6 (8): Any signage placed in the right -of -way will be immediately removed by the city. Any damage occurring to the sign during the removal process will not result in a reimbursement as the sign was placed on public property. 113 -14 (f) (1): Garage sale signs shall not require a permit, and may be placed off - premises from the actual garage sale site. Garage sale signs shall be posted no more than two calendar days prior to the sale, and must be removed within 24 hours after the conclusion of the sale. Garage sale signs shall be limited to four square feet in size and shall contain the address of the property owner. Information was also requested from Ramsey and Otsego but has not yet been received. In accordance with § 30 -859 of the Elk River Code of Ordinances, "signs attached to trees, utility poles, public benches, or streetlights, or places on any public property or public right -of -way" is prohibited. The city does actively enforce this provision of the city code primarily through a complaint- driven process. MnDOT also actively enforces the prohibition of signage placed within the ROW of state highways. Regulation of Content In previous meetings of the Council, the question has been posed as to what options exist for allowing private (i.e. garage /rummage sale signs) in the ROW while still prohibiting other types of signage, specifically those commercial in nature. The city attorney has consistently advised that signs cannot be regulated based on content, which is also reaffirmed by the League of Minnesota Cities (LMC). In summary, any changes to the ordinance should apply equally and fairly to all types of signage regardless of the message. Note that reasonable restrictions based on such things as traffic safety and aesthetics (for example, restrictions on location, size, number, etc.) can be defended. Staff and the city attorney are aware that some cities do treat and enforce garage sales differently than other commercial signs. This is not an advisable practice as it could put the city in a costly legal predicament. Financial Impact None Attachments • September 2, 2014, City Council Request for Action • LMC Information Memo, "Sign Ordinances and the First Amendment" City of River Request for Action To Item Number Mayor and City Council 10.1 Agenda Section Meeting Date Prepared by Work Session September 2, 2014 T. John Cunningham, Fire Chief Item Description Reviewed by Enforcement Update for Placement of Signs Tina Allard, City Clerk Reviewed by Cal Portner, City Administrator Action Requested None unless otherwise directed by Council. Background /Discussion At the May 5, 2014, meeting of the City Council, Council asked staff to report back at a later date on the educational and enforcement efforts underway pertaining to the city's sign ordinance. Since then, Council and staff have received only a handful of inquiries and formal complaints regarding the enforcement of signage in the public right -of -way (ROW). There have also been a few letters from readers printed in the local paper. Educational programs, outreach, and enforcement Over the past year, staff has embarked on an aggressive educational campaign to help inform residents and businesses as to the proper locations for sign placement. This collaborative effort included articles in the city newsletter, the Elk River Current, updates on the city website, a TV /YouTube informational video, and a printed brochure available at City Hall. The city code enforcement officer has proactively educated residents hosting garage sales as he comes across them in the course of following up on other citizen concerns. Staff has also enforced the ordinance and, as is past practice, stored illegally placed signs at the Maintenance Facility where residents /businesses can claim them at a later date. The enforcement of the city sign ordinance (� 30 -859) is mostly complaint- driven. When a complaint is received, that specific area is checked for compliance and any illegally placed signs are removed. The time spent on sign enforcement is mixed in along with other resident - driven nuisance complaints. Options At the June 3, 2013, meeting of the Elk River City Council, staff presented Council with three options to consider pertaining to the existing city ordinance. A copy of the staff report is attached hereto. At that time, it was the consensus of the Council to leave the existing ordinance in place but to conduct additional education outreach as previously outlined. Staff is seeking direction from Council on any desired changes or updates to the city's sign ordinance. Financial Impact To date, staff has invested over 45 hours in developing educational and outreach material. P0WIAI1 0 Template Updated 4/14 IN"Af UR Attachments • June 3, 2013, Staff Report • Tri -fold informational brochure • Spring Elk River Current article • Summer Elk River Current article • Letter from Mae Thompson (received April 29, 2014) • Letter from Gayle Fox (received June 17, 2014) • MnDot press release (April 24, 2014) • Article from IndyWeek, City says anti - sheriff signs are legal N:\PublicBodies\Agendo Packets \09 -02- 2014 \Final \x10.1 sr Enforcement Update for Placement of Signs.docx City of Elk River REQUEST FOR ACTION TO ITEM NUMBER Mayor and City Council 8.3 AGENDA SECTION MEETING DATE PREPARED BY General Business June 3, 2013 John Cunningham, Fire Chief ITEM DESCRIPTION REVIEWED By Sign Ordinance Cal Portner, City Administrator REVIEWED BY ACTION REQUESTED • Review and discuss current ordinance language pertaining to prohibited signs. • Direct staff for further action, if any, regarding revisions to city ordinance(s). BACKGROUND /DISCUSSION The city's Code Enforcement Division, under the direction of the fire chief, is responsible for enforcing city ordinances pertaining to, among other things, zoning, quality of life, aesthetics, exterior maintenance and signage. The division works closely with planning and other city staff to ensure that city ordinances are applied equally and fairly without prejudice. In addition to addressing complaints from citizens and businesses, the division also proactively addresses public safety concerns, such as snow removal, and prohibited activity such as illegal signage, blight, and other community -wide concerns. Recently, staff and some Councilmembers have fielded questions regarding the enforcement of signage within the city limits, particularly regarding garage sales, special events, and other activities. In accordance with § 30 -859 of the Elk River City Code, the following types of signs, in part, are illegal: ■ Signs attached to trees, utility poles, public benches, or streetlights, or placed on any public property or public right -of -way. Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the sign, except for portable signs or lettering on buses, taxis, or vehicles operating during the normal course of business. Any sign placed within 30 feet of any intersection that may obstruct motorist or pedestrian visibility. Staff regularly assists residents and businesses in finding legal alternatives for posting signs and announcements, including, when required, providing applications for permits, which require further review and consideration. Much of the city's enforcement activity, however, often involves signage located in the public right -of -way and signs placed in /near an intersection, both of which are prohibited under city ordinance. Similarly, state statutes (160.2715 and 173.15) regulate signs in the right -of -ways for "limits of any highway" and "interstate system of highways." City ordinance does not provide for any exceptions, such as for garage or rummage sales. PV0WIAEU 6i N: \Public Bodies \Agenda Packets \06 -03- 2013 \Fina1\x8.3 sr sign ordinance F.docx A URE Right -of -way City ordinance prohibits the placement of signs in the public right -of -way. The right -of -way refers to a strip of land which is used as a transportation corridor. The land is acquired as an easement or in fee, either by agreement or condemnation. The actual width /location of a right -of -way varies and depends on the actual street. For example, School Street near Parker Elementary has a width of approximately 75' and 120'. At the 75' width, there is no right -of -way behind the sidewalk but at the 120' width there is about 20' of right -of -way on the south side. A typical residential street has a 60' right -of -way with 15' of landscaped area on each side of the 30' wide street. Background and Enforcement The purpose of signage is to attract attention and to promote a good or service. As such, the placement of signs is often just as important as the message it is trying to convey. Most cities, however, regulate the placement of signage as a means to not only control visual aesthetics but to ensure that signs do not create public safety concerns by blocking site lines, creating distractions or generating litter. Restricting N: \Public Bodies \Agenda Packets \06 -03- 2013 \Final \x8.3 sr sign ordinance F.docx the placement of signs within the public right -of -way is a means in which many of the aforementioned concerns are addressed. Much of the city's enforcement action pertaining to signs involves the public right -of -way. When signs are removed they are taken to the city maintenance facility where the public can retrieve them during normal business hours. Signs located within either a county or state right -of -way are often removed by the respective jurisdiction in which there is often no recourse to reclaim the sign. While staff works diligently to enforce various city ordinances, such enforcement action is limited by staff availability and resources. Staff, however, will enforce city ordinances equally and fairly. Topics for Discussion The purpose of this discussion is to provide a brief overview of the city's current sign ordinance and to get Council direction to modify or expand the scope of the city's current ordinances pertaining to signs. Some options for Council to consider include: 1. Leaving the existing city code in place. 2. Abolishing restrictions on signage, in whole or in part. 3. Allowing for additional exemptions within the city code. Some cities, such as Maple Grove, have included language in their ordinance to allow for the posting of certain types of signs in the public right -of -way. As an example, § 24 -6 of the Maple Grove Code of Ordinances reads, in part: 0 Placement of signs on right -of -way or public land. (1) No sign other than governmental signs shall be erected orplaced for any period of time within or upon any public land except as may be author' .Zed in this subsection. (2) Only governmental signs, signs for a rummage sale posted no more than 120 hours in any eight -day period and signs advertising the sale of real estate between the hours of 6:00 p.m. Friday to 6.00 a.m. Monday may be erected orplaced within any public right -of -way or easement. No nongovernmental sign shall be placed in a public right -of -way abutting private propery unless permission to place such a sign is first obtained from the owner, occupant or other person having control of the abutting private property. (3) Any sign other than governmental signs remaining on such property in excess of 120 hours in any eight -day period, orplaced for any length of time in violation of subsection (2) of this subsection, may be summafiy remozed by the city or othergovernmental agency owning such public right -of -way or easement and, at its discretion, destroyed. Based on the feedback and direction from Council, staff will bring back this item for future discussion, including possible ordinance changes and forecasted financial and /or staffing impacts. FINANCIAL IMPACT None ATTACHMENTS None N: \Public Bodies \Agenda Packets \06 -03- 2013 \Final \x8.3 sr sign ordinance F.docx May 30, 2013 r �j 3 City Council c/o The City of Elk River 13065 Orono Parkway Elk River, MN 55330 Dear City Council Members, I would like to appeal to you in regard to the law that requires garage /yard sale signs to not be in right-of-ways. I only became aware of this law last week when a nice lady came to my door to ask me if I'd seen a sale sign that had been left near my home last week. She was very upset. She went on to tell me that the City has been removing garage sale signs all over town. I thanked her for telling me because I had been confused several times that week as I went looking for garage sales around town. I have lived in Elk River for almost 10 years, and this is the first that I have ever heard of in regards to this law, and it is the first year that I have ever seen it enforced. I beg you on behalf of those who need to make some extra money and for those who utilize garage sales to buy many of the things that they need that you repeal this law or add an amendment that would allow garage sale signs to remain up. Elk River is the best town that I've ever found to garage sale in. The people are friendly, and the sales are abundant and reasonably priced. Please don't change our town by making it harder to have these sales. Respectfully, Carrie Hub 303 Proctor Avenue Elk River, MN j Signs are often an effective and important marketing tool to draw attention to a garage sale, graduation party, special event, or social function. Just as important as the message on the sign is its placement. Signs which are illegally placed are subject to removal and disposal. Signs that are removed by the city staff are brought to the Maintenance Facility (19000 Proctor Road) where they can be retrieved during normal business hours (the exception being signs that may be removed by the county and /or state). AW Advertise your sale! Do you want to get the word out about your sale? Here are a few websites and Apps that you can advertise your sale. o �n • www.yardsaletreasuremap.com o • www.garagesalestmcker.com • www.garagesalerover.com O � W • Yard Sale Treasure Map App o W • Garage Sales Tracker App • iGarageSale App a� dr uW� Cit y of Elk River a Informational Signs W 1 lase them! here can P www.ElkRiverMN.gov City of Elk River Examples of sign placement along city roadways www.ElkRiverMN.gov 763.635.1000 Annual Pet Vaccination and Licensing Clinic page 3 Elk River Residential Clean Up Day page 9 Rivers Edge Concert Series page 14 Where Can I Put My Signs? Signs are often an effective and important marketing tool to draw attention to a garage sale, graduation party, special event, or social function. lust as important as the message on the sign is its placement A sign that isn't clearly visible is difficult to see. To ensure your event is a success, here are a few key points to consider when placing signs: • Signs may only be placed on private property and not in what is considered the public right of way. Generally speaking, the right -of -way is approximately 10' from the curb line as shown in the picture to the right. • Signs may not be affixed to trees, utility poles, public benches, or streetlights. • Signs may not block motorist or pedestrian sight lines. t ���^y�:�, fy N Legend F pty Prapar�y z7ht cl WCy ® o are;,�r ■ Signs may not have flashing and /or revolving beacon lights. • Signs need to be retrieved after an event is concluded. • Signs must be four square feet or less. Signs which are illegally placed are subject to removal and disposal. Signs that are removed by city staff are brought to the Maintenance Facility (19000 Proctor Road) where they can be retrieved during normal business hours (the exception being signs that may be removed by the county and /or state). k Cigarettes and Discarded Lost and Found Bicycles Embers Causing Fires From July 1, 2013, through April 30, 2014, carelessly abandoned or discarded materials have caused over $2 million in fire damage within the Elk River fire district. The most common cause of fire was smoking materials. In each case, residents suffered an incredible loss of their home and irreplaceable family and household items. Thankfully, we have yet to suffer a fatality due to something that is entirely preventable! Please use care when abandondingldiscarding cigarettes and charcoals. To keep you and your family safe, keep the following safety tips in mind: • There is no such thing as a "safe" cigarette. Always dispose of a cigarette in a non - combustible ashtray. Never put an ashtray on a sofa or chair. Used plastic food containers are not ashtrays! • Make sure cigarettes and ashes are out by soaking them in water before throwing them away. Never assume they are out. • Check for areas in your home and car where cigarette butts could fall. • Allow fireplace ashes to cool before disposal (this could be days). Place ashes in a tightly covered metal container and keep the container at least 10 feet away from your home and any other nearby buildings. Douse and saturate the ashes with water. NEVER empty the ash directly into a trash can! • If you live in a townhome or apartment building, remember your actions impact the lives of others. ....� Notify Me Sign up on our website under ElkRiverMN.gov, hover over "How Do I" and select "Get Notified — E- Notifications." You'II stay connected with city meeting dates and _ agendas, employment opportunities, news flashes, and more. You're busy we get it. We make it �~ easy to stay connected to your city government! Each year the Police Department takes in dozens of found bicycles. The vast majority are never claimed by their owners. If your bicycle is missing, contact the Police Department at 763.635.1260 to inquire if we have it. Be prepared to describe the bicycle in as much detail as possible, and preferably have the serial number available. We would be happy to reunite you with your bike! Garage Sale Signs Are garage sale signs allowed in Elk River? Yes! Residents are permitted to place garage sale and other signage on private property with the owner's permission. Signs may not be placed in the public right -of -way (ROW), which is approximately 10' from the curb line, including intersections of local, county, and state roadways. ROW regulations protect utilities, pedestrian, and motorist sight lines, and maintain community aesthetics. The regulations apply equally to all types of signage, private and commercial. The city reviewed its sign ordinance in 2013 and explored options to allow for the broader display of signage for private sales and events. By law, the city can't discriminate between types of signage in the ROW. Therefore, if "neighborly' garage sale signs are allowed, commercial signage and /or "un- neighborly" signs would also be protected when posted in the city ROW. MnDOT and Sherburne County maintains the ROW along state and county roads within the community and they do not tolerate signs in their ROW. MnDOT reminds residents that placing signs or objects in the highway ROW is a misdemeanor with a maximum $1,000 fine and /or 90 days in jail. Proctor Road, Twin Lakes Road, and Mississippi Road are examples of county highways within Elk River. _ APR 2 9 2014 aJ f\,+ c �f L e- S i & I am a person who has a garage sale almost every year as I have alot of items left from when I ran the Art Barn 10 years ago. In order to get one antique in a box you had to get the whole box, so there were items that weren't quite colletible yet or were new, so I would store them, hence my sales. My sales last year were cut down by more than 50% due to having to place my signs in peoples yards away from the sight of the drivers on the roads. It is alot of work to put on a garage sale, moving boxes setting up tables marking prices preparing signs etc. Every year all year we are expected to maintain the grass between the road and the sidewalk, we rake and mow it and in the winter we clear the snow from the sidewalks. we are assessed for the area and we pay taxes to our city but, we cannot put our signs on them for one week when we have a garage sale_ This does not seem fair. There are some people who do not remove their signs after the sale and most of them are the ones having a moving sale, I suppose they don't want to bother as they will be gone, but that should not jeprodize the rest of us. some put signs on light poles and this should not be done. I don't mind seeing signs and have not heard anyone complain to me about any of them including graduation or shower parties. when the signs are removed by the city people can't find the sales as many of our housing projects have many curvy roads. or are out of town several miles. older people make up about 33% of the people that come to my sales, they and I go to the sales for entertainment and exercise, better than going to a casino. A third are young people just starting out and cannot afford the high prices in the stores, with our economy still not good these sales are a must for them. unemployment is still high with many who have given up finding a job and now only one person working in the household. one of the biggest concerns is the safety issue of having the signs farther back. when signs are next to the road and you read them your eyes are still on the road, but when the signs are out in someones yard your eyes are completely off of the road and for a longer time as they are harder to read. we could see rear end crashes or people getting run over. I think dates and addresses could be written small on the bottom of the sign so that the people who leave them out too long will have them removed. Most people pick them up as they cost clot to make, and take considerable time to make. Garage sale ads cost qc�uite a bit when you consider an average item being sold is 50 cents so a $16 ad would have to sell 3Z items, that's alot just to pay for the ad. we have so many of our freedoms taken away from us already and even if this is an old law on the books doesn't mean that it should be enforced to that extent, it instead could be eliminated. so lets give the person being paid to remove them more time to do something more constructive. if this is not resolved to the liking of aloe of people just remember the council is an elected position and they can be replaced. Monday, tune 16, 20241 I am writing to yoga, and en6osing a bill for our Garage Sale signs. Of the City is going to pick yap signs then they are responsible for them. wars were picked up on Thursday morning June 12, 2014. However when Wally went to pick them yap they weren't there. He went twice again that same day. He went today June 23, 2014 about 2:30 this morning and our signs were still not there. 0 would life to know what happened to them. Where were g signs, white corrugated plastic. We bought them at ii�lienard`s at a cost of over $4.0 9 each. $36.00 plus tax, worth of signs. This is becoming a huge problem, Garage Sales are and have been a part of our community forever. When Wally agent out to the site this morning he saw signs all along School Street advertising a fund- raiser at one of the Schools. To mV knowledge they were not picked up and they were in the right of away. l don't know what problem the City has with Garage Sale signs? l and many others are very upset with the City over this. You have not heard the last of me on this subject. l plan to present a lmetiUon the City Council asking that this ordinance be removed. A response is appreciated. Respectably Gayle A Fogs 514 5 -2/2 5t. NW, Ells River, Mfg 55330 230847 CUSTOMER'S ORDER NO. r ADDRESS Glr� STATE, ZIP .* ®N® N DESCRIPTION alwoh �� ► ©m mom_ • m� I j �i� ®m M, 99- s 4705 KEEP THIS SLIP FOR REFERENCE Minnesota Department of Transportation NEWS RELEASE District 3 3725 12th St. N. St. Cloud, MN 56303 -2107 April 24, 2014 For Immediate Release Contact: J.P. Gillach 218- 828 -5706 iames.gillacha- state.mn.us Unauthorized signs and objects not allowed on state highway rights of way ST CLOUD, Minn. -- The Minnesota Department of Transportation reminds citizens that placing unauthorized signs and other objects on state highway rights of way is illegal and can be dangerous. "As the weather warms, we usually see a significant increase in advertising signs and items for sale placed illegally along state roadways," said Mark Renn, MnDOT's roadway regulations supervisor in St. Cloud. Placing signs or objects in highway rights of way is a misdemeanor violation with a maximum $1,000 fine and /or 90 days in jail. Highway rights of way include driving lanes, shoulders, ditches, clear zones and sight corners at intersections. State law also says that items may not be placed on private property outside of the right of way limits but in proximity to a roadway without consent of the landowner. "Illegally placed signs and objects can distract and restrict the visibility of drivers in many situations, especially at intersections," said Rich Munch, MnDOT's roadway regulations supervisor in the Baxter. "They are also a hazard to legal users of the right of way, including people using ATVs and crews working on utilities." MnDOT crews will remove all signs within the right of way without notice. Larger objects often placed illegally in the right of way include automobiles, boats and motors, campers, travel trailers, produce stands and large hay bales. These objects are extremely hazardous if a vehicle runs off the road and strikes it. For information regarding roadway regulations, right of way boundaries, or where to find removed materials, please contact the MnDOT office in St. Cloud at 320 - 223 -6522, toll free 1- 800 - 657 -3961; or the Baxter headquarters at 218- 828 -5777 or toll free at 1- 800 - 657 -3971. INDY�: CD raleigh -cary durham- chapel Bill City says anti - sheriff signs are legal By Sam DeGrave Acarpenter's level critiqued James Michael Lynch's every move as he worked. After each swing of his mallet, Lynch consulted the level, which rested on the sign's wooden frame. Only when a sign was perfectly straight did Lynch allow himself to move on to the next. The sun wouldn't be up for another hour, but the street lights enabled him to see. By 7 a.m. Lynch had finished working. On one side of South Dillard Street, stood the massive Durham County Courthouse; on the other, 11 signs, posted in the public right -of -way, accused Sheriff Mike Andrews of conspiracy. "I believe Sheriff Michael D. Andrews is nefarious! He lies to victims and conspires with others to cover up crimes!" the signs read. Lynch walked the length of the street admiring his work, and then returned to his truck, which was parked on the sidewalk. He opened the door, but he didn't get in. Instead, he turned to face the courthouse parking deck before smiling and waving to the security camera on top of it. "You can't tell me Andrews or one of his deputies ain't going to see that," Lynch said before getting into his truck and driving home. Lynch's signs started appearing around Durham about four months ago as an attempt to dethrone Andrews, the incumbent, in the spring election. (Andrews won.) Lynch's beef with the sheriffs office started in September 2012. That's when Lynch noticed a safe he had hidden in an air duct in his home was missing. The safe contained a pinky ring, a gold chain, four car titles, a friend's P89 Ruger, loaded with 16 hollow -point rounds, and $15,000 in cash that Lynch says he had been saving for his parents. Lynch suspected his neighbor stole the safe while cleaning his house, and called the sheriffs office to file a report. Michael D. A Photo by Lisa Sorg Lynch: I've got to expose the corruption, and then I'll get my safe back." Lynch became unhappy with the way his case was being handled almost immediately. But without probable cause linking Lynch's neighbor to the theft, the sheriff s office made no arrest. Agitated by the apparent lack of progress, Lynch became suspicious of the people handling his case. So over the last year, Lynch has filed citizen's complaints against Andrews and five other members of the sheriff s office, alleging that they lied to him and conspired to cover up crimes "I just got this feeling in my gut, and something didn't feel right," Lynch said. "My gut hasn't been wrong yet." During the past three weeks, Andrews was unable to speak with the INDYregarding Lynch or his signs. Communicating through Sheriffs Office Public Information Officer Paul Sherwin, Andrews cited meetings and vacation as the reasons why he was unable to talk to the press. Sherwin didn't respond to the INDFs most recent request to speak with the sheriff, which was sent on July 3. The neighbor also declined to speak with the INDY. After noticing what he deemed to be inconsistencies in what several members of the Sheriffs Office told him regarding the investigation, Lynch was convinced he was being lied to. He began documenting nearly every interaction he had with anyone involved in his case. Almost two years after the investigation began, Lynch's case remains open, and his safe is still missing. But the return of his safe is no longer Lynch's top priority. "That comes second," Lynch said. "I've got to get them first for what they've done. I've got to expose the corruption, and then I'll get my safe back." But exposing corruption isn't cheap. Lynch, who became unemployed after his auto mechanic business burned down, estimates that he has spent more than $24,000 from a savings account in his crusade. "I've spent every dime I have to fight these people, but I'm not going to give up," Lynch, 44, said. "If I have to be homeless, I'll be homeless." Photo by Lisa Sorg James Michael Lynch estimates he's spent about $5,000 on 50 signs and $20,000 on legal fees. Over the past few months, the Durham City Planning Department has fielded a number of complaints about Lynch's signs. However, Assistant Planning Director Patrick Young said Lynch has complied with the city's sign regulations, which fall under the Durham United Development Ordinance. "This is certainly unusual and unprecedented in terms of number of signs and the duration of time they've been up, but he's not breaking the law," Young said. Tell that to Durham County Criminal Magistrate Steven R. Storch, who was cited with illegally removing one of Lynch's signs in April. He is scheduled to appear in court on July 21. Storch was cited after he allegedly boasted at a city council meeting that he had removed the sign. Sheriffs Deputy Ricky Buchanan, who at the time, was running against Andrews, reportedly overheard Storch and relayed the information to Lynch. Lynch then reported Storch to Durham police. "They charged me with a statute from 18- fucking -85," Storch said. "I did no wrong. I broke no law." Storch said the statute is outdated; it originally prohibited people from tampering with signs ordering the return of loose livestock. "I'm not a sheriff. I was just personally offended by the signs," Storch said. "They make the whole town look bad." Lynch responded by posting several anti - Storch signs. Storch said he contemplated suing Lynch, but he decided not to after checking Lynch's assets, which are few. Hundreds of pages of notes lie neatly in manila folders covering Lynch's kitchen table and counter. These folders contain what Lynch says is "criminal evidence," enough to send Andrews and several other current and former employees of the sheriffs office to jail. Lynch said he believes his evidence proves that Andrews lied to him in an attempt to protect his colleagues, whom Lynch had already filed complaints against, and to cover up the theft of Lynch's safe. Whether Lynch's "evidence" is conclusive is questionable, but its thoroughness is not. Fearing that nobody would believe him if it came down to his word against the sheriffs, Lynch recorded almost every phone call and in- person conversation he had with anyone connected to his case —more than four hours' worth. "Thank God for a motherfucking recorded phone call," Lynch said. Lynch says his friends have urged him to abandon his two - year fight against the sheriffs office. "I've fought for a year and ten months, and I've gotten nowhere," Lynch said. "My friends tell me to stop, but I can't do that because I know I'm right. I will get my restitution. I'm confident I will." But Lynch's savings account is almost exhausted. "Maybe, behind my back, somebody is looking into this," Lynch said. "There has got to be an investigation some time." But until then Lynch said he will continue to put up signs and fight Andrews and the Sheriffs Office. "At this point, I have no plan," Lynch said. "I take it day by day and hope for a miracle." This article appeared in print with the headline "Taking the law in his hands" http:/ /www.indyweek.com /indyweek /city- says -anti- sheriff- signs -a re -legal /Content ?oid = 4200992 rote LEAGUE of MINNESO"CA CITIES INFORMATION MEMO Sign Ordinances and the First Amendment Learn how to design a sign ordinance for your city that meets the requirements of the First Amendment for protecting various forms of speech. RELEVANT LINKS: I. First Amendment principles The First Amendment protects signs as speech, and courts will look very closely at any attempts to regulate signs. There are a few rules for regulating signs: • Do not regulate based on content. • Do not favor commercial speech (advertising) over noncommercial speech. • Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. The main substantial governmental interests recognized by courts are traffic safety and aesthetics. II. Drafting a sign ordinance See sample sign ordinance, With the First Amendment rules for regulating signs in mind there are City of Hopkins. several steps cities can take when drafting ordinances. There are things every sign ordinance should probably contain and provisions all sign ordinances should avoid. A. Provisions to include 1. Statement of purpose This section tells why the ordinance was drafted and how it should be applied. It should state clearly that it is not intended to have content -based restrictions and should not be applied that way. It provides a quick clear statement of government purposes and how the ordinance fulfills those purposes rather than needing to review your legislative record if challenged. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Ime.org 3/7/2007 Saint Paul, MN 55103 -2044 (651) 281 -1200 or (800) 925 -1122 © 2013 All Rights Reserved RELEVANT LINKS: Minn. Stat. § 211B.045. 2. Substitution clause A substitution clause provides that for every sign that is allowed, any non- commercial message could be legally substituted. This ensures that non- commercial speech is never discriminated against based on content because it will always allow a noncommercial message on any sign. Many ordinances inadvertently define signs in terms of advertising and may incidentally seem to allow only commercial messages. A substitution clause may correct these mistakes by providing a catch -all allowance of noncommercial messages notwithstanding other provisions. 3. Severability clause A severability clause provides that if any provision of the ordinance is found to be invalid, the remainder of the ordinance stands on its own and is still valid. This clause may prevent a flaw in part of the ordinance from invalidating all of it. 4. Election season pre - emption Your ordinance should contain acknowledgement of election season preemption required by state law. Under this law municipalities must allow noncommercial signs of any size during election season, from 46 days before the state general primary until ten days after the state general election. 5. Content- neutral regulations Regulations should be objectively based on time, place, and manner, not content. Examples include regulations based on size, brightness, zoning district, spacing, and movement. B. Provisions to avoid 1. Unfettered discretion Avoid discretionary approval by the city. Having discretion creates the potential for favoring some messages or messengers over others, whether or not that discretion is actually abused. Permit requirements should be transparent and objective. 2. Exemptions or favoritism Avoid exempting certain groups or messages, such as church signs or official flags, from permit requirements. This could be content -based discrimination. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 2 RELEVANT LINKS: Exemptions also may "water down" the substantial government interest. For example, if an ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is not really concerned about temporary signs. Exemptions may be based on valid time, place, or manner restrictions, such as exempting all signs under a certain size from permitting requirements. 3. Over - defining signs Cities may inadvertently treat non - commercial speech differently by defining "sign" as "advertising ". This occasional problem is the combination of a few steps: • Signs are defined as advertising devices. • The ordinance allows signs as defined. • All other signs are prohibited. This arguably prohibits noncommercial speech, which is unconstitutional. III. Common sign ordinance issues A. Off - premises advertising (billboards) Off - premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off - premise advertising, so long as the prohibition does not extend to noncommercial messages B. Flags Be cautious of regulations that might favor some types of flags, particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. C. Yard signs City ofLaaue v. ctrreo, 512 Some courts have held that yard signs are constitutionally protected and U.S. 43, 114 S. Ct. 2038 (1994), cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 3 RELEVANT LINKS: SRF Consulting Group, "Dynamic Signage: Research Related to Drive Distraction and Ordinance Recommendations", June 7, 2007. Minn. Stat. § 462.355, subd. 4. Minn. Stat. § 462.357, subd. le. Paul Merwin, Defense Attorney pmerwin @bnc.org 651.281.1278 Jed Burkett, Land Use Loss Control Attorney jburkett @bnc.org 651.281.1247 D. Electronic signs Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, and potential distraction. Most sign ordinances do not adequately address these issues. The League has commissioned a study on the traffic safety implications of the technology. Cities may wish to consider moratoriums while the study is conducted and then drafting ordinances that apply the information to each community. A moratorium may prevent electronic signs from becoming grandfathered. IV. Further assistance There are exceptions to these general rules about sign ordinances and the First Amendment but they should be approached cautiously and with legal advice. Cities should work closely with their city attorney to draft and review sign ordinances. You may also contact League staff for assistance and sample ordinances. League of Minnesota Cities Information Memo: 3/7/2007 Sign Ordinances and the First Amendment Page 4