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Council tables sign-code changes amid legal concerns after HB33
Summary
The council discussed amendments to sign code required by 2026 HB33, including narrow state definitions of political signs and First Amendment risks; after debate the council voted to table the item for redrafting and future reconsideration.
City staff presented an amendment to Title 10-5-26 to comply with 2026 HB33, which narrows the statutory definition of a "political sign" to signs supporting/defeating a candidate or ballot proposition. Staff warned that the narrow state definition could force local officers to read sign content to determine classification, raising First Amendment and Reed v. Gilbert concerns.
City Attorney Hiram told the council, "we aren't the only city that's concerned with this new state law" and outlined two staff options: treat all temporary signs as allowed (content-neutral) or adopt the state definition and prepare for enforcement challenges. Council members debated tabling the ordinance to redraft language that better protects the city or passing the draft now and revisiting it as state law evolves. The council voted to table the ordinance and directed staff and legal counsel to refine the language for a future meeting.
