File #: 23-0363    Version: 1 Name:
Type: General Business Status: Agenda Ready
File created: 2/17/2023 In control: City Commission Regular Meeting
On agenda: 2/28/2023 Final action: 2/28/2023
Title: Discussion Regarding Placement of Signs from Private Individuals, Businesses and Other Entities in the Public Right of Way.

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