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Planning commission backs ordinance to update Middleville sign code definitions to align with state law
Summary
The Planning Commission voted to recommend adoption of ordinance 2146, which revises sections 78-626 and 78-628 to use the state-law three-part obscenity test for obscene/offensive signs; staff said the change makes enforcement more legally defensible. No public speakers addressed the ordinance at the hearing.
The Middleville Planning Commission recommended that the village council adopt ordinance 2146, updating village sign regulations to align with the state-law three-part obscenity test for determining obscene or offensive signs.
Staff explained the proposed amendments update section 78-626 to apply the three-part test: whether the average person applying contemporary community standards would find the material taken as a whole appeals to prurient interest; whether the material depicts sexual conduct in a patently offensive way as defined by law; and whether the material, taken as a whole, lacks serious literary, artistic, political or scientific value.
Why it matters: Staff told the commission the prior ordinance language could be viewed as subjective and vulnerable to legal challenge. The updated wording is intended to strengthen the village's legal defensibility when enforcing sign restrictions.
Commissioners discussed enforcement mechanics and appeals. Staff said code enforcement would process complaints and that ambiguous cases could be appealed to the zoning board of appeals; ultimately, a judge would resolve contested obscenity determinations. Commissioners used a recent example of a politically explicit sign to note that political speech has stronger legal protections and may not meet the three-part test.
After brief discussion, a motion to recommend adoption of ordinance 2146 to the village council passed on roll call.
Next steps: The commission forwarded the recommendation to the village council, which must hold a public hearing and adopt the ordinance; if adopted, the ordinance would take effect seven days after publication, as specified in the code.
