Minutes - Council Work Session - 05/01/2007

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Attorney is present tonight to discuss some of the difficulties associated with this. Mr. Olson provided information on the research conducted by staff. He stated whenever there is temporary signage within the right-of-way the State pulls and discards the signs. The City of Coon Rapids picks up signs on a regular basis and discards them. The County is not quite as strict; they take the signs down, but hold. them for a time period and will return them to the owners. City Attorney Goodrich advised it would not be very effective to proceed with criminal penalties because unless someone sees the sign placed it is almost impossible to prosecute in criminal court; the person bringing the charge must be able to identify the person doing the act. Mr. Goodrich advised there are several possibilities regarding signage. Generally it is assumed that the owner placed the sign; however, some possibilities are that the sign was placed by vandals, the sign maker, or the adjacent landowner moving the sign off their property. This causes a multitude of problems in prosecution in criminal court. Mr. Goodrich advised staff has determined it is not practical to amend the ordinance to classify the sign placement in right -of- ways as a misdemeanor in the court system. City Attorney Goodrich advised the other option would be to proceed with civil penalties. Civil administrative penalties would need to include a process for appeal. The process could be similar to that of enforcement of the youth tobacco law where the clerk is charged and there are administrative penalties to the owner of the business. This would be a more recommended route to take than the criminal process. Mr. Goodrich indicated there has been discussion of not returning the signs that have been collected. If this is done individuals may decide not to risk having the signs taken by posting them again. Mr. Goodrich stated most sign issues are related to making absolutely certain that the City's sign ordinance is content neutral. Allowing the Parade of Homes signs and disallowing the sign for the person selling widgets would be a freedom of speech violation. Whatever is determined the policy needs to be uniform. Councilmember Jeffrey commented when this was discussed previously it was noted that these signs have no value and the people that are putting them out expect them to be disposed of. There was also discussion about political signs and the possibility of a sign being moved too close to the road in situations like someone mowing their grass. Councilmember Dehen stated according to the minutes, the first discussion was to make a phone call and tell the individual the sign is improper, the second remedy was to go with a certified letter, and the third was to issue a citation. Then the discussion in November was about written notice via mail, a $50 fine for the second violation within 12 months, and a $100 fine for the third violation. He stated when you place a sign anywhere in the City you have to make a determination of whether you have permission to do it. It would be incumbent upon him to check with the property" owner before placing a sign in the right-of-way. He stated the letter writing aspect of this does not work; there should be a penalty immediately. It could be determined who posted the sign by looking at who benefits from the sign. Most of the signs it would seem would benefit some business or property in Ramsey, and an administrative process could be used to assess that property. It may be possible that vandals might be responsible or someone might be moving the signs, but if there is a pattern that would be determined by tracking this. It is his opinion that there should be a penalty of about $40 to $50 with the funds City Council Work Session / May 1,2007 Page 2 of 16