Spokane eyes eliminating deadline on removing campaign yard signs

Political campaign signs in Spokane could remain on lawns indefinitely under changes being considered at City Hall.

Under the changes, campaign signs would be regulated the same way as other types of temporary postings, including real estate signs. Removal would only be required if the sign is damaged or created “a public nuisance.” Current law requires removal when election results are certified, which is two weeks after a primary election and three weeks after a general election, according to state law.

“Basically, what we’re trying to do is make changes to protect your freedom of speech,” said Amy Mullerleile, an assistant planner with the City of Spokane heading up a team developing the changes to city codes.

The last time Spokane took a hard look at its regulations involving signs was 2009. Since then, the U.S. Supreme Court unanimously ruled against a city in Arizona that adopted stricter standards for signs posted by religious organizations. A church in Gilbert, Arizona, that held its services in area elementary schools successfully sued the city, arguing that the city’s fines for leaving signs up too long and failing to include certain details on temporary signs pointing churchgoers to that week’s service violated their freedom of speech.

The Supreme Court’s decision was part of the reason the city is now looking at making its laws meet what Mullerleile called the “need to read” standard – that is, code enforcement officers would not have to read the content of the sign to determine what rules apply.

The proposed changes to Spokane’s code would treat all signs that don’t require permits the same for enforcement purposes. That means political signs would fall under the same regulations as home sale, for rent, construction and certain types of commercial advertising signs.

Each of those categories has a specific set of requirements under current law, such as the mandatory removal for political signs after an election is over. Someone who puts on a yard sale is limited to 10 signs that aren’t on the sign-maker’s property. Businesses holding grand opening sales must remove their signs advertising the event within a week. Violations of any of these laws could result in a $536 fine for each sign, each day the rule is broken.

The changes will allow signs to be regulated based on what they’re made of, not the message contained on them, Mullerleile said, avoiding a potential constitutional issue. Restrictions on size and location for each sign would be based on whether it’s posted near homes or outside of residential areas.

Enforcement is driven by complaints, and that will continue under the new system. The city assigns an investigator to each case and typically gives a home- or property-owner 15 days to comply with a request before issuing a ticket, said Julie Happy, communications manager for the city’s neighborhood and business services division. Ninety percent of code enforcement violations are resolved before a citiation, she said.

Mullerleile said the city began working on changes to its complicated sign laws this summer, after the City Council imposed a moratorium on relocating billboards displaced by public works projects. Planners have consulted with real estate agents, sign-makers and neighborhood representatives on the proposed changes, which will be presented for public comment and questions during a series of online chats next week. A public hearing will be held in October and the city’s plan commission will also review the changes before they head to the City Council for approval, currently scheduled for November.

The online chats with Mullerleile and other planning officials are designed to ensure wider public participation in vetting the new laws, said Happy.

“Typically, when we do open houses, we get the same people coming out,” she said.

The changes will also include a permanent proposed fix for the billboard issue, prohibiting displaced signs from re-locating in historic districts or areas designated as neighborhood centers, Mullerleile said. Also included are changes proposed by planning officials to keep pace with technology and clarify inconsistencies.

Permanent signs will still require approved permits from City Hall, she said.