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MEMORANDUM <br /> DATE: 08/13/03 MEETING DATE: 08/19/03 <br /> TO: Planning Commission Members <br /> FROM: Susan M.H. Hall, Assistant City Manage <br /> SUBJECT: Opinion Signs <br /> Background: <br /> Earlier this year, the topic of opinion signs came up. Attached please find the City <br /> Attorney Jerry Gilligan's letter at that time. I spoke to Mr. Gilligan recently and he <br /> reiterated that while the City can regulate opinion signs by the way of providing <br /> restrictions on the size, location, and perhaps number of opinion signs, the City cannot <br /> totally prohibit opinion signs or regulate the message, including lettering or coloring, on <br /> the signs. Mr. Gilligan also said the City could possibility ban offensive (strong profanity) <br /> content from opinion signs, but that's about as far as the City should go. Any limitations <br /> beyond the items mentioned would be considered infringement on First Amendment or <br /> freedom of speech rights. <br /> Mr. Gilligan said that it does make sense to address the opinion sign issue and look at <br /> an amendment to the City's sign ordinance, as opinion signs are not explicitly defined <br /> while political signs are at Section 1400.08, subd. 1 and under definitions (see <br /> attached). Mr. Gilligan believes the language can be cleaned up in the sign ordinance to <br /> better differentiate election (political) signs from opinion signs in light of the current day. <br /> City staff checked into the New Brighton ordinance and found they don't specifically <br /> address opinion signs in residential areas in their code. New Brighton staff said it has <br /> been city policy to treat opinion signs the same as election signs, meaning that one-six <br /> square foot (maximum) sign is allowed per right of way. They don't monitor how long <br /> opinion signs.are up for as it's a staffing issue. Attached find excerpts from the New <br /> Brighton Zoning Code for reference. <br /> Staff Recommendation: <br /> Staff recommends that Planning Commissioners discuss appropriate zoning parameters <br /> for opinion signs and address the language in the sign ordinance pertaining to political <br /> signs. The Planning Commission should then touch base with the City Council with a <br /> recommendation. <br /> Attachments: _ <br /> • 1/9/03 Letter from Jerry Gilligan <br /> • Excerpts from City of St. Anthony Chapter 14, Sign Ordinance, definitions and <br /> Section 1400.08, subd. 1 <br /> • Excerpts from City of New Brighton Zoning Code, Chapter 9, Signs <br />