Portsmouth council advances revised sign ordinance, bans inflatable signs and sets 180‑day limit for temporary signs

The Portsmouth Town Council on March 16 amended a proposed sign ordinance with several substantive changes and scheduled the final adoption vote for the next council meeting after staff circulates a cleaned‑up draft.

The council voted unanimously to increase the number of exempt agricultural signs, unanimously to ban mechanically inflated advertising figures (commonly called air dancers or sky dancers) and then set a 180‑day limit on temporary yard signs after additional debate. The council also revised the ordinance’s ‘‘de facto’’ permanent‑sign rule so any temporary sign displayed more than 180 consecutive days (or 180 cumulative days over 12 months) must meet permanent‑sign standards.

Why it matters: The revisions are an effort to make the town’s sign rules content‑neutral and legally enforceable after a 2021 consent decree limited the town’s ability to enforce against one property, the town solicitor said during the hearing. The solicitor told the council that the prior ordinance was found to be content‑based and that the new language aims to restore objective time, place and manner limits the town can apply equally.

What the council changed and how they voted

- Agricultural signs: The council approved an amendment to section 11(h) to raise exempt agricultural signage from 2 (and 1 feather flag) to 8 signs total, allowing up to eight fabric/feather flags; motion passed 7–0.

- Mechanically inflated devices: Consultant Jim Reardon described inflatable tube men/air dancers as ‘‘inflatable sign[s]’’ (also called air dancers, sky dancers). Councilers moved to prohibit mechanically inflated/kinetic advertising devices; the motion passed 7–0.

- Yard/temporary signs (residential): After debate and a motion to reconsider, the council set the maximum consecutive duration for residential yard signs at 180 days and a limit of 4 signs per 50 feet of frontage; the motion passed 6–1.

- Yard/temporary signs (nonresidential): The council later amended the nonresidential rule to match residential duration (180 days); the motion passed (vote recorded as 5–2).

- De facto/permanent signage: Council changed the de facto‑permanent rule so any temporary sign left in place more than 180 consecutive days (or 180 cumulative days in 12 months) is deemed permanent and must meet permanent‑sign standards; motion passed 7–0.

Council and staff said the revisions are intended to give staff objective standards to enforce time, manner and place restrictions while avoiding content‑based rules that could be struck down in court. As the town solicitor put it during the hearing, the aim is to ‘‘untie [the town’s] hands by adopting this ordinance’’ so enforcement is applied equally across properties.

Voices from the hearing

Property owner Mike Dipiola told the council the proposed amortization and size restrictions risked curtailing expressive signs at private residences and urged respect for ‘‘preexisting rights.’’ Dipiola warned that uneven enforcement could invite litigation and referenced prior court action.

Town solicitor (speaking for the town) said the 2021 consent decree stemmed from the prior ordinance’s content‑based defects and that the new draft seeks to address the judge’s concerns, restoring enforceable, content‑neutral limits on size, display duration and safety issues.

What’s next

Councilors voted to place the amended ordinance on the agenda for final adoption at the following Monday meeting, directing staff to provide a cleaned‑up final draft by Wednesday for review. If the final draft is not ready, councilors said they will move the adoption to the next available meeting.