Memorandum
City of Lawrence
City Attorney's Office
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TO: |
Diane Stoddard, Interim City Manager Toni R. Wheeler, City Attorney Scott McCullough, Director of Planning and Development Services |
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FROM: |
Randall F. Larkin, Senior Assistant City Attorney |
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DATE: |
June 10, 2015 |
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RE: |
Sign Code Amendments |
Effective July 1, 2015, through House Bill No. 2183, the Kansas legislature will limit the authority of municipalities to regulate political signs and the placement of political signs in public rights of way. Specifically, the new law will provide:
No city or county shall regulate or prohibit the placement of or the number of political signs on private property or the unpaved right-of-way for city streets or county roads on private property during the 45-day period prior to any election and the two-day period following any such election. Cities and counties may regulate the size and set-back distance for the placement of signs so as not to impede sight lines or sight distance for safety reasons.
As a result, after July 1, 2015, some City regulation of political signs will conflict with state law. Staff has prepared Ordinance No. 9125 which would amend two provisions of the City's Sign Code to bring it into compliance with the new law. Specifically, the ordinance provides that no political signs may be placed in the public rights of way more than 45 days before nor more than 2 days after an election and that said signs shall not create a traffic hazard, as determined by the City's Building Code Official. (Currently, all political signs are prohibited in the City's rights of way). The ordinance also repeals the City's existing size restriction on political signs and makes political signs subject to the same size restrictions as all other temporary signs. Both changes are consistent with the new law and will bring the City's Sign Code into compliance with the new law.
Action Requested:
Adopt on first reading, Ordinance No. 9125, amending Sections 5-1805 and 5-1835 of the City Code, pertaining to Signs, and repealing existing Sections 5-1805 and 5-1835.