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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 />