Laserfiche WebLink
i <br /> Severability Clause <br /> Provides that if any provision of the ordinance is found to be invalid, the remainder of the <br /> ordinance stands on its own and is still valid. May prevent a flaw in part of the ordinance from <br /> invalidating all of it. <br /> Acknowledgement of election season pre-emption <br /> Minnesota Statute 21113.045 requires municipalities to allow noncommercial signs of any size <br /> during election season, from August 1 until ten days after the election. <br /> Do not misinterpret this language. It gives extra protection to noncommercial speech during <br /> election season. It does not limit political signs to only that time. <br /> Content Neutral regulations based on time,place, and manner <br /> Regulations should be objectively based on time, place, and manner, not content. Examples <br /> include regulations based on size, brightness, zoning district, spacing, and movement. <br /> Provisions All Sign Ordinances Should Avoid <br /> Unfettered discretion <br /> Avoid discretionary approval by the city. Having discretion creates the potential for favoring <br /> some messages or messengers over others, whether or not that discretion is actually abused. <br /> PermJLL q�xirements-should-be-transparent and-abjecti-ve. <br /> Exemptions or favoritism <br /> Avoid exempting certain groups or messages, such as church signs or official flags, from permit <br /> requirements. This could be content-based discrimination. <br /> Exemptions also may"water down"the substantial government interest. For example, if an <br /> ordinance prohibits temporary signs but allows a long list of exemptions, it suggests the city is <br /> not really concerned about temporary signs. <br /> This is different from providing exemptions based on valid time, place, or manner restrictions, <br /> such as exempting all signs under a certain size from permitting requirements. <br /> Inadvertently treating non-commercial speech differently by defining "sign" as "advertising" <br /> Beware of over-defining terms. This occasional problem is the combination of a few steps: <br /> 1. Signs are defined as advertising devices. <br /> 2. The ordinance allows signs as defined. <br /> 3. All other signs are prohibited. <br /> This arguably prohibits noncommercial speech, which is unconstitutional. <br /> This material Is provided as general information and is not a substitute for legal advice. <br /> Consult your attorney for advice concerning specific situations. <br /> -2- <br />