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Resident raises sign-ordinance complaint; city staff cites free-speech limits
Summary
A resident told council that signs on a neighbor's property are in the right of way and violate the sign ordinance; city staff responded that the ordinance does not apply to private-yard signs outside the right of way and advised civil remedies for content-based complaints.
A resident told the council on Feb. 24 that signs placed by neighbors are located in the right of way and therefore violate the city's sign ordinance. The resident asked what recourse is available after she said her complaint to city staff produced an unsatisfactory response.
City Administrator Matt responded that the city's sign ordinance does not apply to signs outside the right of way and that residents have First Amendment protections for content on private property. Matt said his office had copied the council on a prior response explaining those limits and suggested the resident consult an attorney if the issue involves civil damages. He noted, however, that if the signs are physically in the right of way the city can ask the property owner to move them back; the city cannot force removal based on content.
The resident maintained the signs were within the right of way and described measuring a fence line 33 feet from the centerline to support the claim. Staff offered to ask the property owner to move the signs back into private property but reiterated the city would not remove signs solely because of their message.
Council members and staff clarified that enforcement depends on where a sign is located relative to the right of way and that content-based complaints are generally a civil matter under the U.S. Constitution, not a city-enforcement action unless a physical code violation exists.
