04-03-2023 WS - Laserfiche WebLink

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Item No: 02 Meeting Date: April 3, 2023 Type of Business: WS City Administrator Review: of Mounds View Staff R To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Campaign Signs Introduction: In August 2022, Staff received complaints regarding campaign signs in the right-of-way, Staff notified candidates, proving one week to relocate signs. Staff spent about an hour pulling signs from the right-of-way. Following this, Staff received complaints from residents regarding the removals. The Council briefly discussed during the September 5th Work Session, and September 1211 Council meeting, concluding that more discussion is needed after the election. Discussion: Campaign signs are Noncommercial Signs. MN Statute &211 B.045 All noncommercial signs of any size may be posted in any number beginning 46 days before the state primary in a state general election year until ten days following the state general election. Municipal ordinances may regulate the size and number of noncommercial signs at other times. This (above) is included in the 2022 State of Minnesota Campaign Manual, along with other requirements for campaigning. To be clear, there are different rules during the election season, and after. Mounds View City Code 161.020(B)(11) Non-commercial sign. For all types of property, the city allows one sign that expresses an opinion or a viewpoint of a non-commercial nature. The non-commercial sign shall not be illuminated or exceed nine square feet. For multiple unit residential properties, the sign must be attached to the dwelling unit or placed in a location that clearly indicates ownership and does not represent the opinions of other residents in the area who have not agreed to the sign. Notwithstanding any other provision of this chapter, the non- commercial speech exemption provided by M.S. § 2118.045, as it may be amended from time to time, is hereby incorporated by reference. During the September 12th Council meeting (Open Forum), a candidate inquired if exceptions can be made to allow political signs in the right-of-way? No, there are no exceptions. This topic was addressed by the US Supreme Court in 2015 (Reed et al vs. Town of Gilbert).2 The Court ruled that signs are a form of Free Speech, and that government cannot regulate signs based Mounds View City Code § 161.006; A sign disseminating messages not classified as commercial that include, but are not limited to, messages about political, religious, social, ideological, public service and information topics. Reed et al vs. Town of Gilbert (2015). Summary: The town of Gilbert, AZ sign ordinance permitted temporary signs, divided into 23 categories with different regulations. A Church official was cited for not removing a Temporary Event Directional sign within the required period. The Church sued the Town for violation of freedom of speech. District Court and Appeals Court ruled in favor of the Town. The U.S. Supreme Court ruled in favor of the Church. At question, is; was the sign ordinance "content neutral"? The Court ruled that the ordinance was not, because sign regulations depended on the content of the sign. Temporary "Ideological", "Political", and "Directional" signs were regulated differently based on the sign's content, e.g. a temporary sign for a one -day event was treated differently than a multi -day political sign, although the sign's size and location may be the same.