How to Strengthen Your Local Sign Law STORE Teleconference Storefront Sign Laws May 6, 2003 Samantha Graff, TALC.

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Presentation transcript:

How to Strengthen Your Local Sign Law STORE Teleconference Storefront Sign Laws May 6, 2003 Samantha Graff, TALC

Finding a Local Sign Law You can find your local sign law by: –Calling the city or county clerk’s office –Searching on the web Most cities have an official website that links to the municipal code

Typical Sign Law Part of zoning law Three sections 1.Statement of purpose 2.Definitions 3.Rules regarding design, materials, construction, size, location, and maintenance of signs and sign structures

Statement of Purpose Sign laws are designed to meet two competing aims –Allowing access to information –Protecting the aesthetics of a city and the safety of the public

Content Neutrality Supreme Court in Lorillard –Local laws cannot target tobacco ads specifically –Local laws can target storefront signs in general What’s the difference? –Limits only on tobacco ads: content specific –Limits on all storefront signs: content neutral

Two Ways to Strengthen a Sign Law 1.Increase limits on window signs 2.Eliminate certain types of signs

Increasing Limits on Window Signs State law –no more than 1/3 of the square footage of windows and clear doors of alcohol retailers may have advertising signs of any sort (Cal. Bus. & Prof. Code § (c)(7)) Many local laws go beyond state law by –Targeting all retailers –Broadening the definition of window sign –Strengthening the window sign rule

Broadening the Definition of Window Sign Include: –All types of signs, not just ads –Temporary and permanent signs –Indoor signs near windows –Words and graphics affixed to glass –Clear doors and entryways –Hanging signs and paper signs –Displays of merchandise in windows

Strengthening the Window Sign Rule In window sign rule: –Reduce allowable signage area –Regulate size and appearance of signs

Eliminating Certain Types of Signs Freestanding ground signs –Any sign that is movable and unattached –Includes sandwich board and A-frame signs Pole signs –Any sign affixed to a pole or post Prohibitions on public and private property

Caveats Better not to prohibit all signs Better not to require the alteration of a trademark Realize that signs may not disappear overnight Realize that a stricter sign ordinance may make remaining ads more prominent