TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action on Placement of Signs from Private Individuals, Businesses and Other Entities in the Public Right of Way.
Recommended Action
Discussion and possible direction to staff.
Background Information
In light of the Supreme Court’s Reed v. Gilbert decision and possible conflicts within the City’s regulations Unified Land Development Code (ULDC) and Code of Ordinances (Code) on temporary signage in the right-of-way, the City stopped approving temporary signs in the right-of-way until the ULDC and City Code could be rewritten to ensure compliance with Reed v. Gilbert. This step was taken as a protective measure to prevent the City from being exposed to litigation for infringement of First and Fourteenth Amendment rights (free speech/equal protection) based on the Reed v. Gilbert decision.
The City Attorney has been asked to provide a legal opinion as to as to whether the action to discontinue issuing permits for signs in the public rights-of-way was an appropriate action and what options were available to the City Commission regarding this action.
Strategic Plan
Good Governance
Financial Impact
None.
Procurement
None.
Attachments: None.
Prepared by: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
Department Director: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager