Code of Ordinances/Political Signs
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ORDINANCE NO. _-00
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF
ORDINANCES SECTION 4-3.5(c) OF APPENDIX A (TIffi ZONING
ORDINANCE) REGULATING POLmCAL SIGNS BY DELETING TIffi
DURATIONAL LIMITATIONS FOR SUCH SIGNS
NOW, TIffiREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIffi CITY
OF DUBUQUE, IOWA:
Section 1. Sec. 4-3.5(c) of the City of Dubuque Code of Ordinances is amended to
read as follows:
4-3.5. Exempted signs.
The following types of signs are exempted from the requirements of this
Ordinance:
(c) Political signs. Such signs shall not be placed in any public right of way or in
visibility triangles as defined in Section 4-4.6(5) comer lots.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this _ day of August, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Effect of Amendment
4-3.5. Exempted signs.
The following types of signs are exempted from the requirements of this Ordinance:
(a) Holiday or special events decorations.
(b) Name plates of two (2) square feet or less; provided, that in residential districts or on
residential structures only name and address may comprise the nameplate.
(c) Political signs BiSj'llayea Bet mere than feFty fl'/e (1 S) aays pRer to the gey-emmeffial
eleetien te 'I.-bien they apply, ana Fome'/ea "l/ithin seyen (7) aa-ys ef soon eleeti0n. Such
signs shall not be placed in any public right of way or in visibility triangles as defined in
Section 4-4.6(5) comer lots.
(d) Government signs or notices, public service information signs or any sign relating to
an emergency.
(e) Real estate signs on residential property provided they are not over twelve (1:2) square
feet in area and not over 6 feet in height. Real estate signs advertising commercial,
agricultural or industrial property or subdivisions of multiple lots shall not be over thirty
two (32) square feet in area and 12 feet in height. Such signs shall not be placed in any
public right of way or in visibility triangles as defined in Section 4-4.6(5) comer lots.
(f) Window signs (interior only); provided, that required light is not reduced beyond the
limits established in the Building Code.
(g) Commemorative signs.
(h) Construction signs.
(i) Official flags of nations, states or political subdivisions thereof.
Barry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque, Iowa 52001~6824
(319) 583-4113
(319) 583-1040 FAX
E~mail: balesq@mwci.net
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August 16, 2000
Mayor Terrance M. Duggan
and Members of the City Council
City Hall
Dubuque, Iowa 52001
RE:
Political Signs
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Dear Mayor and Councilmembers:
Councilmember Nicholson requested that we review the City of
Dubuque ordinance regulating political signs.
Section 4-3.5(c) of the Zoning Ordinance exempts from
regulation under the Zoning Ordinance "political signs displayed
not more than forty-five (45) days prior to the governmental
election to which they apply and removed within seven (7) days of
such election."
In Whitton vs. Citv of Gladstone. Missouri, 54 F.3rd 1400 (8th
Cir. 1995), the United States Court of Appeals for the Eighth
Circuit, which includes Iowa, held that a substantially similar
durational limitation in another city's sign ordinance was
unconstitutional because it made impermissible distinctions based
solely on the content or message conveyed by political signs that
did not apply to other kinds of signs.
Based on the reasoning of the Court in the Gladstone case, it
is our opinion that Section 4-3.5(c) of the City of Dubuque Code of
Ordinances is similarly invalid. It is our intent, in light of the
case, not to enforce the ordinance. We have met with Planning
staff members, Kyle Kritz and Guy Hemenway, and they have advised
us that there has been no serious enforcement problem with this
ordinance.
Service
People
Integrity
Responsibility
Innovation
Teamwork
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Mayor Terrance M. Duggan
and Members of the City Council
August 16, 2000
Page Two
Enclosed is an ordinance that would delete the durational
limitations from Section 4-3.5. The effect of the amendment would
be to exempt political signs from the Zoning Ordinance, subject to
the limitation that such signs cannot be placed in any public
right-of-way or in visibility triangles, as a matter of public
safety.
An alternative to exempting political signs entirely from the
Zoning Ordinance is to treat political signs like all other
temporary signs. There would be no durational limitations for
political signs, but there would be a requirement of a permit for
such signs. Thus, treating political signs as temporary signs does
not appear to be a practical solution to the problem.
Exempting political signs from the Zoning Ordinance, as we
have proposed, is also consistent with an interpretation of the
definition of "sign" in Section 4-3.2(52) of the Zoning Ordinance
as not including political signs. Section 4-3.2(52) defines a sign
as "any device, structure, fixture or placard using graphics,
symbols, and\or written copy designed specifically for the purpose
of advertisinq or identifyinq any establishment. product. qoods.
services. activities or uses." A political "sign" does not appear
to fall within the definition.
Because we have concluded that the current durational
limitations are not enforceable, I would recommend adoption of the
enclosed ordinance, deleting the durational limitations. If the
Council desires us to look at other alternatives for regulation of
political signs, I would respectfully request your direction.
Barry A. Lindahl
Corporation Counsel
BAL/cg
Enclosure
cc - Mr. Michael C. Van Milligen
cc - James A. O'Brien, Esq.
cc - Ms. Laura Carstens