Candidates who see a sign in a yard should ask if they can put up their sign too. A sign is a REMINDER there is an election and that citizens should become informed. So hats off to the home and business owners that allow all signs on their property. Perhaps it will make the viewer think, gee perhaps there is a need to study the choices prior to voting.
Here is the GT Code including the parts that are in violation of the Federal and State Law:
18.80.130 - Political signs.
Political signs having to do with any issue, ballot measure or candidate in any municipal, state or federal election, or political statements and expressions, shall be permitted in any district subject to the following provisions and any other applicable provisions within this chapter:
A.
Any person, party or group posting political signs in the city shall abide by the provisions set forth in this section.
B.
All political signs shall be placed no earlier than thirty days prior to the election and shall be removed not later than ten days following the date of the election. (This constitutes a violation of Speech Rights, and there is case law to support this both at the State Courts and Federal Courts.) (Ferre, Garcia, and Cortes refused to amend this portion of the Code when advised by the City Attorney that it was in violation of the law and Court Precedent.)
C.
A political sign shall not exceed sixteen square feet in total area for one side. No signs shall be placed in a manner that would obstruct visibility of pedestrian or vehicle traffic.
(This violation is avoided if the sign is 14 feet away from the curb.)
D.
All political signs shall not exceed an overall height of six feet from the finished grade.
E.
No political signs shall be lighted either directly or indirectly. (So political signs can not be anywhere where ambient light from street lights or car lights can illuminate them at night? This condition is unenforceable).
F.
No political sign shall be placed or fixed to a tree, fence or utility pole and shall not be posted on any public property or in the public right-of-way. (Public right of way, does not include all public easements. Just use the 14 feet into the property rule to make the sign definitely on your property and protected constitutionally. If your sign is on YOUR Tree on Your Property that is FREE SPEECH.) (Note that almost every candidate has a sign on the Fence at Mt. Vernon and Barton Rd. Even Mr Schwab who did not want the code changed to be in agreement with the State and Federal Law.) That fence is rented and on private property if the owner has approved its use as a political poster hanger than so be it. On Preston a banner is located on a private fence.
G.
No political sign shall be posted in violation of any provisions of this chapter; further, the zone enforcement officer or his designee shall have the right to remove all signs placed contrary to the provisions of this section. (If a sign goes missing and it was 14 feet from the curb and on your property that would be a theft, by a code enforcement officer as an agent of the City.)
H.
A city permit must be issued for all political signs (candidates or issues). To erect signs, persons or parties must file sign location plans with the city within three days after erection. Each sign must be identifiable as to group or person placing the sign. (This is a restriction of speech and is doubtful if it would stand up in court if all signs are on Private Property with the approval of the Property Owner.) (If a sign is in your yard it is assumed you are placing it in your yard and it is so identified by default you don't need to sign your name on the sign however this may make the code enforcement officer happy.) ( Do you have to get a permit from the city to say you don't like Bea Cortes?) ( It may please Bea if this were the case, but folks you can put up a sign that says you don't like Jimmy Carter's Activism and that is protected political speech.)
(Ord. 126 § 2, Exh. A(part), 1990)
