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Planning board sends new sign code to council after public discussion on free speech and safety
Summary
The board voted to recommend a rewritten sign code that removes content-based restrictions to address constitutional issues raised by Reed v. Town of Gilbert; public commenters questioned limits on obscene language, LED displays and enforcement for distracting signage.
The Planning & Zoning Board voted May 13 to forward ordinance 2026-0-06 — a rewritten sign code — to city council with a favorable recommendation after a public hearing that focused on First Amendment implications, enforcement limits and new definitions for sign typologies.
Why it matters: City staff said a prior sign code contained content-based rules that risked violating constitutional protections under Reed v. Town of Gilbert and similar case law. The rewrite consolidates sign regulations in one chapter, emphasizes content-neutral criteria (size, typology, location, lighting) and preserves special overlays such as the Ridgewood Corridor. The goal is to address legal vulnerability while keeping comparable physical restrictions in place.
Public concerns: Several members of the public and board members raised practical questions about how the new code handles obscene language, LED "curtains," window sign brightness and enforcement of signage that may distract drivers. Staff explained that public-safety exceptions remain available — for instance, signage causing dangerous distraction could be regulated on public-safety grounds if supported by evidence — and that criminal or public-decency laws remain separate from the sign code. Board members discussed maintenance provisions and past compliance issues for plaza signage.
Board action: After discussion the board moved to send a favorable recommendation for ordinance 2026-0-06 to city council. Staff emphasized the rewrite is largely reorganizational and intended to remove content-based references (for example, not singling out real estate or political signs by message) while consolidating the code for clarity.
What happens next: The ordinance will go to city council for consideration; staff and the board discussed preparing guidance on digital signage brightness limits, transition effects and enforcement procedures for council review.
