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Home My WebLink AboutA003 - Council Action Form dated October 13, 1998 ITEM # `if �7 OLp DATE 10/13/98 COUNCIL ACTION FORM SUBJECT: ORDINANCE REGULATING "SPIDER-LEG" SIGNS. ACTION FORM SUMMARY: The City Staff have developed two options with respect to the regulation of"spider-leg" signs. Staff is now seeking a decision from the City Council on which of these two approaches should be considered for adoption and inclusion into the sign regulations of the Municipal Code. BACKGROUND: At the April 28, 1998 meeting of the City Council, staff was directed to prepare an ordinance that would prohibit "spider-leg" signs. An ordinance that would accomplish this objective was prepared and has been reviewed by the Government Affairs/Local Issues Committee of the Chamber of Commerce. The Chamber Committee has come to the following conclusion with respect to this proposed regulation.. • The current ordinance is very difficult to enforce since a change in the message or a change in the location of the sign allows it to remain in compliance. • These signs (spider-leg signs) should not be prohibited. Businesses need the ability to advertise a sale if their current sign does not have a marquee feature. • The ordinance should be changed to require a business to secure a license which allows them to use a "spider-leg sign" for a period of time like two or three weeks. After this period has expired, the business would have to wait for a month or so before another license could be obtained and the sign would be removed during the waiting period. (A copy of the comments from the Government Affairs/Local Issues Committee of the Chamber is attached.) ANALYSIS: Staff has prepared two alternative sign ordinances that would address spider-leg signs. These two alternative sign ordinances could be categorized as an outright prohibition, while the other approach is to allow spider-leg signs, but implement a license procedure that limits the use of the sign during a proscribed period of time. Prohibition. This approach would not allow property owners to use spider-leg signs altogether. Recently staff has done an inventory of all spider-leg signs in the city and has found that there are a total of nine (9) spider-leg signs located on various properties along the major commercial corridors of the city. If this ordinance were put into effect, these signs would be eliminated as a result of the enforcement of this regulation. (A copy of the proposed ordinance that will prohibit spider-leg signs is attached.) License. This approach would allow the use of spider-leg signs, but it would require that the property owner or business owner obtain a license from the City, and limit the use of a spider-leg sign to no more than 30 days during a calendar year. The right to use a spider-leg sign would not exist if the owner did not have a license or has used the spider-leg sign for the proscribed days during the calendar year. (A copy of the proposed ordinance providing for the licensure of spider legs signs is attached.) Administrative Consequences. The current regulation for "spider-leg" signs, which was amended recently, allows for this type of signage for a period of 90 days, and then the use of the sign can be extended longer if the sign is replaced. In effect, the use of spider-leg signs can occur for an indefinite period of time. (The current ordinance is attached, along with an opinion from the City Attorney.) The current regulations create a great degree of difficulty in enforcing regulations for spider-leg signs, since there is a need to monitor the time for the 90 day period and also the need to determine if a temporary sign (spider-leg sign) has been replaced. Because of this difficulty, the enforcement of these regulations is actually not occurring. The proposed ordinance to prohibit spider-leg signs would be much easier to administer. If a spider-leg sign was seen on a property, the property owner would be notified and requested to remove the sign. If after the prescribed time the sign remained, the property owner would be issued a Municipal Citation for an infraction of the Code. This proposed ordinance would not contain the administrative requirement of monitoring the number of days or length of time that the sign was in use. The proposed ordinance that would require a license would be much more administratively complex. This would require the issuance of the initial license and require that the number of days that the sign were used during the calendar year was monitored by staff to make certain that the 30-day limitation was adhered to. This would require considerable staff resources. 2 STAFF COMMENTS: The number of spider-leg signs in the city has become increasingly noticeable. The length of time that individual businesses use these signs is for a long period of time. These sign devices, in most instances, are being used in addition to other signs that exist on the property. The Chamber of Commerce does not want to eliminate the ability of businesses to use this type of sign display. The City Council has previously directed that an ordinance prohibiting this type of signage should be created. If the City Council truly desires to prohibit spider-leg signs, the prohibition option is the only alternative that will accomplish this objective. ALTERNATIVES: 1. The City Council can approve the ordinance to prohibit spider-leg signs as proposed. 2. The City Council can approve the ordinance that would allow spider-leg signs using a license provision with time limitations. 3. The City Council can select either alternative and suggest modifications to the alternative selected. 4. The City Council can refer this issue back to staff for additional information. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #1. This will approve the ordinance alternative that prohibits spider-leg signs and enable this ordinance alternative to be brought to the next meeting of the City Council for adoption. 3 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ADDING A NEW SECTION 5.232 FOR THE PURPOSE OF PROHIBITING THE USE OF CERTAIN DEVICES, IN CERTAIN LOCATIONS, FOR THE DISPLAY OF MESSAGES OUT OF DOORS, PROVIDING A PENALTY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,it is found that certain devices, hereinafter described, used for the display of messages out of doors along city streets present a proliferating source of distraction to motorists that constitutes a potential safety hazard; and, WHEREAS,it is found that the said devices are an unsightly contribution to visual clutter that threatens to detract from property values, diminish the enjoyment of adjacent property, and impede economic development of the City; NOW, THEREFORE, BE IT ORDAINED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by adding a new section as follows: "SEC. 5.232. CERTAIN MOVABLE MARQUEE SIGNS PROHIBITED. The use of a certain device, as hereinafter described, for the outdoor display of messages at locations such that the device is visible to motorists traveling on the city streets, is prohibited. The prohibited device is described as: (1) not constructed or installed as a permanent structure but merely set upon the ground, (2) consisting of a framework surrounding a vertical surface that is intended for the display of messages by such means that the message displayed can be changed by adding, removing or rearranging items that can be affixed to the framed vertical surface of the device again and again. Section Two. Violation of this ordinance shall constitute a municipal infraction punishable by civil penalty as provided for by Section 5.501 of the Ames Municipal Code. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 1998. 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