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Commission backs ban on temporary signs on non-designated public property, cites enforceability
Summary
The commission recommended adoption of TA 25-12 to prohibit temporary signs on non-designated public property (rights-of-way, medians, poles) and discussed enforcement and First Amendment constraints; counsel emphasized signs must be content-neutral and staff said zoning enforcement raises potential fines.
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The commission recommended adoption of TA 25-12, a text amendment that would prohibit posting temporary signs on non-designated public property — including rights-of-way, utility poles and medians — without express written permission from the appropriate governing authority. Counsel noted recent U.S. Supreme Court precedent requires permit regimes for signs to be content-neutral.
During discussion counsel summarized the constitutional constraint: "signs now must be content neutral" — and staff explained that incorporating the prohibition into the zoning ordinance would provide stronger enforcement tools and fines than the prior small criminal penalty. Commissioners and members of the public asked about enforcement logistics and about how the rule would apply to real-estate or political signs; counsel said content-neutral enforcement is required and staff explained state presumptions about right-of-way extents and enforcement focus on medians and safety hazards.
The commission voted to find TA 25-12 consistent with the comprehensive plan and to recommend adoption to the Board of County Commissioners. Staff said the zoning approach would allow higher fines and zoning enforcement actions to remove persistent illegal sign postings.
