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.d <br /> 4 <br /> Common Questions and Issues <br /> Off-premise advertising(Billboards) <br /> Off-premise advertising consists of commercial signs that do not advertise for a business on the <br /> same premises as the sign. It is legal to forbid off-premise advertising, so long as the prohibition <br /> does not extend to noncommercial messages. <br /> Flags <br /> Be cautious of regulations that might favor some types of flags,particularly the United States <br /> Flag, over other flags. This is a good place for the substitution clause; if one type of <br /> noncommercial flag would be acceptable, any noncommercial flag should be allowed. <br /> Yard Signs <br /> Some courts have held that yard signs are constitutionally protected and cannot be prohibited. <br /> Be especially cautious about provisions that favor some messages over others, such as <br /> exemptions for real estate or construction project signs. <br /> Electronic Signs <br /> Electronic signs present new challenges, as the technology is capable of new levels of brightness, <br /> movement, flashing, and potential distraction. Most sign ordinances do not adequately address <br /> these issues. The League has commissioned a study on the traffic safety implications of the <br /> technology. Cities may wish to consider moratoriums while the study is conducted and then <br /> drafting ordinances that apply the information to each community. A moratorium may prevent <br /> electronic signs from becoming grandfathered. <br /> Summary <br /> Keep in mind these basic rules of thumb: <br /> 1. Do not regulate content. <br /> 2. Do not favor commercial speech over noncommercial speech. <br /> 3. Provide and follow clear procedures. <br /> 4. Explain your rationale and purpose. <br /> 5. Avoid exceptions. <br /> There are exceptions to these rules, but they should be approached cautiously and with legal <br /> advice. <br /> For assistance or sample ordinances, contact one of the LMCIT land use attorneys: Paul Merwin <br /> at 651-281-1278; or Jed Burkett at 651-281-1247. <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 /> -3 - <br />