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Code of Ordinances/Political Signs . . . , 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 ~ <tV '/~./L'/~~r: P'A) . p .--;2 Ai4:. 1Jh,,~~;?!':'/f 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 5~o~%duE ~~~ August 16, 2000 Mayor Terrance M. Duggan and Members of the City Council City Hall Dubuque, Iowa 52001 RE: Political Signs ci v; ~C' ).~~ o CD 0 C) ;-:p :0 c.::: C') rn 0' ~) n --0 --;..-;; - -- rn (.) 0 0) co Q 0-<' f:5- ~~~~ ,'r l:' wCJ ~' ,-- 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 . . 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