02/09/2011 P&Z Packet - Laserfiche WebLink

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• • • AGENDA ITEM V A. STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: February 9, 2011 TOPIC: PUBLIC HEARING: Amending Chapter 1010 of the City Code Relating to the Regulation of Signs in Election Years 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 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. ANALYSIS Election Year Dates State law establishes that state elections will be held in each even - numbered year. 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. As required by the City Charter, City elections are held in odd - numbered years, though the day is the same as general state elections. The City does not have primary elections. MN Statute 204D.03 TIME OF STATE ELECTIONS. Subdivision 1. State primary. The state primary shall be held on the second Tuesday in August in each even - numbered year to select the nominees of the major political parties for partisan offices and the nominees for nonpartisan offices to be filled at the state general election, other than presidential electors.