Spokane Valley council advances sign-code changes to allow limited noncommercial signs in rights of way

City Attorney Kelly Concrete told the Spokane Valley City Council on March 11 that the city is proposing amendments to its sign code to reconcile long-standing enforcement practice with recent First Amendment case law and the city’s comprehensive-plan goals.

The proposed ordinance (drafted as Ordinance 25,001) would continue to bar permanent signs and keep official government signs and bus-bench agreements as exceptions, but it would allow certain noncommercial signs (including signs identifying the location of parking for community events that are open to the public) in unimproved or landscaped portions of the public right of way under strict time, size and placement limits.

Concrete said the change responds to evolving First Amendment jurisprudence and the fact the city’s past enforcement has focused on signs that obstruct travel or create safety hazards rather than a blanket removal of all signs in the right of way. Under the draft language, allowed noncommercial signs must be placed only in green or improved spaces of the right of way, cannot be attached to traffic-control devices, cannot be located within 20 feet of a traffic-control device or inside a clear-view triangle, and must measure no more than 4 feet wide by 5 feet tall (height measured from the ground to the top of the sign). The draft also prohibits signs on city-owned stormwater facilities and on portions of right of way next to city-owned property (to avoid use of city property for political campaigns under state law). Signs would be temporary: a maximum of 240 days after placement, and a 120‑day waiting period before replacement in the same spot. To aid enforcement the proposal requires the owner or responsible party’s name and one current contact on the sign and requires signs to be free of nails, tacks and exposed wire.

Why it matters: The changes would formally allow some of the temporary, noncommercial signs the city has historically tolerated while spelling out safety, size and timing restrictions intended to protect pedestrians, bicyclists and drivers. Council members said the draft aims to bring the code into alignment with both the city’s comprehensive plan and state law while giving staff clearer standards for enforcement.

Public comment and clarifications

Peyton Miller, who runs the Spokane Valley Upward Flag Football League, asked whether nonprofit event signage would qualify as “noncommercial.” Concrete said the draft addresses nonprofit event signage: signs that identify an event open to the public for which the city has issued a special-event permit to a nonprofit organization would be allowed adjacent to the event or its parking location, subject to the placement and time limits.

A resident who spoke in support of Kelly Concrete’s review urged the council to add enforceable penalties for repeat sign-code violations, arguing that simply removing signs and returning them to owners provides little deterrent. Councilmembers acknowledged enforcement would remain a challenge and discussed possible administrative penalties at future readings.

Council debate and next steps

Councilmembers asked several clarifying questions about ‘‘permanently affixed’’ versus portable signs, yard-sale and real-estate directional signs, and whether the changes would criminalize common behavior. Concrete said ‘‘permanently affixed’’ would mean physically fastened to the land (bolted, poured-in concrete or otherwise fixed) and that common yard-sale signs, as currently written, would not be allowed in the public right of way but remain allowed on private property.

Councilmember comments ranged from wanting to align the code with common practice to urging clearer enforcement mechanisms. After public comment and discussion the council voted to advance Ordinance 25,001 to a second reading so the city can refine language and consider amendments. The council closed the public hearing and directed staff to return the ordinance for a second reading where additional edits can be made.

What remains unresolved: enforcement details and any added civil penalties; councilmembers asked staff to return with clarified definitions and to make sure nonprofit and community-event signage is accommodated where appropriate.