Agenda - Council - 11/13/2012 - Laserfiche WebLink

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Common Questions and Issues Off -premise advertising (Billboards) Off -premise advertising consists of commercial signs that do not advertise for a business on the same premises as the sign. It is legal to forbid off -premise advertising, so long as the prohibition does not extend to noncommercial messages. Flags Be cautious of regulations that might favor some types of flags, particularly the United States Flag, over other flags. This is a good place for the substitution clause; if one type of noncommercial flag would be acceptable, any noncommercial flag should be allowed. Yard Signs Some courts have held that yard signs are constitutionally protected and cannot be prohibited. Be especially cautious about provisions that favor some messages over others, such as exemptions for real estate or construction project signs. Electronic Signs Electronic signs present new challenges, as the technology is capable of new levels of brightness, movement, flashing, More Information and potential distraction. Most sign ordinances do not adequately address these issues. The League has Learn more about dynamic commissioned a study on the traffic safety implications of signage in: the technology. Cities may wish to consider moratoriums • Regulating Dynamic Signage while the study is conducted and then drafting ordinances that apply the information to each community. A It's available at www.lmc.org. moratorium may prevent electronic signs from becoming it grandfathered. Summary Keep in mind these basic rules of thumb: 1. Do not regulate content. 2. Do not favor commercial speech over noncommercial speech. 3. Provide and follow clear procedures. 4. Explain your rationale and purpose. 5. Avoid exceptions. There are exceptions to these rules, but they should be approached cautiously and with legal advice. For assistance or sample ordinances, contact one of the LMCIT land use attorneys: Paul Merwin at 651-281-1278; or Jed Burkett at 651-281-1247. Paul Merwin 3/07 3