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Council discusses offensive yard sign, freedom of speech and possible nuisance ordinance
Summary
Council members and a county commissioner discussed a resident’s offensive sign, the limits of enforcement under freedom of speech, and options including a town ordinance focused on public nuisance or a countywide ordinance; council agreed to draft a community letter and explore ordinances with county partners and legal counsel.
Council members discussed a complaint about a large, offensive sign on private property and explored enforcement options that balance free-speech protections with local nuisance controls.
A council member described contact with the sheriff's department and legal staff after receiving complaints about a sign that residents found offensive. The council member said a deputy advised there was little the sheriff could do because of freedom of speech, but the town’s prosecutor flagged possible local ordinance approaches. A county commissioner present said the county is reviewing nuisance ordinances and that a county-level approach might be appropriate if multiple towns face the same issue.
Council members noted a state statute specifically bars profanity on school buses but does not address signage on private property. One council member summarized legal advice as recommending a public-nuisance approach rather than a speech-content ban: "if you attack it more towards the public nuisance and not so much their freedom of speech ... I think you can adopt an ordinance that would hold weight," the council member said. The council discussed options: (1) send a courtesy letter from the town asking the property owner to consider removing or altering the sign, (2) coordinate with neighboring mayors and county officials to consider a county ordinance; or (3) draft a town ordinance that would create a citable offense enforceable by sheriff or code enforcement and handled in justice court.
The council agreed to send the drafted letter community-wide (so the resident would not feel singled out), to circulate the draft letter via the town’s usual channels (paper, email, Facebook) and to ask legal counsel to draft possible ordinance language if warranted. The county commissioner said there may be a county meeting (COB meeting) on May 4 where county-level action could be discussed.
Why it matters: The discussion highlights how small towns navigate the intersection of constitutionally protected speech and local efforts to maintain public order and community standards. Officials repeatedly cautioned against drafting content-based restrictions and favored nuisance-focused language to withstand legal challenge.
Ending: Council members asked staff to send the letter, coordinate with the county and other towns, and to bring draft ordinance language back to a future meeting for consideration.
