03/14/2011 Council Packet - Laserfiche WebLink

Home Search

• • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 14, 2011 TOPIC: First Reading, Ordinance No. 08 -11 Amending Chapter 1010 of the City Code Relating to the Regulation of Signs in Election Years VOTE: 3/5 BACKGROUND Signs in election years have been a point of discussion, confusion, and dissention in Lino Lakes for years. State law includes a provision governing signs in years with state elections, which are in even - numbered years. However, city elections occur in odd - numbered years, so the state law does not cover city election years. The City's sign regulations have one set of requirement for state election years, and a different set of requirements for city election years. The requirements for city elections are directed specifically at campaign signs, which raises constitutional free speech issues. Numerous court cases across the country have determined that sign regulations must be content neutral in order to comply with constitutional protections of free speech. That is, a city cannot regulate noncommercial signs based on what the signs say. Political campaign signs are a form of noncommercial speech and sign regulations must treat all noncommercial speech equally. Commercial speech (advertising) can be regulated differently from and to a much greater degree than noncommercial speech. Staff has worked with the City Attorney to draft new language for election year signage. ANALYSIS Election Year Dates State law establishes that state elections will be held in even - numbered years. The primary election is held on the second Tuesday in August, and the general election is on the first Tuesday after the first Monday in November. The City Charter requires City elections to be held in odd - numbered years, though the day is the same as general state elections. The City does not have primary elections. P5E