ORD 2007-14 POLITICAL SIGNSORDINANCE N0.2007-14
(Formerly 2005-36)
AN ORDINANCE relating to the display of political signs in the public right-of--way; adding a
requirement that the permission of an abutting property owner must be
obtained before a political sign is placed in the public right-of-way; and
amending Section 15.08.095 of the Bainbridge Island Municipal Code.
WHEREAS, on August 3, 2005, the City Council passed certain amendments to Chapter
15.08 of the Bainbridge Island Municipal Code to permit the placement of political signs within
the City rights-of--way under certain circumstances; and
WHEREAS, the Washington State Supreme Court, in Collier v. Tacoma, 121 Wn.2d 737,
761 (1993), stated that a city's interest in "aesthetics and traffic safety are sufficient to justify
reasonable, content-neutral regulation of the noncommunicative aspects of political signs, such
as size, spacing, and consent of the private property owner"; and
WHEREAS, the City Council desires to amend BIMC Chapter 15.08 to require that the
permission of the adjacent/abutting property owner be obtained before a political sign is posted
within the City right-of--way; now; therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 15.08.095 ofthe Bainbridge Island Municipal Code is amended to
read as follows;
"15.08.095 Political Signs.
A. Political Signs Not Allowed on Public Utility Poles or Public Buildings or
Structures. It is unlawful for any person to paste, paint; affix or fasten a political
sign on any utility pole, traffic control device, lamp post, or any other public
building or structure.
B. Political Signs Within Public Right-of--Way. Subject to ~B
section A above, political signs may be posted within public right-of--way only if
the sign does not interfere with sight distances and does not create a vehicular or
pedestrian traffic obstruction or hazard and permission to place the sign in the
r~ht-of-way has been obtained from the abutting_property owner. i€~kat-}ire r
Political signs in
the right-of-way are limited to a maximum surface area of six square feet and a
maximum height of five feet.
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C. Removal of Political Suns.
1. Apolitical sign promoting or publicizing candidates for public office or
.issues that are to be voted upon in a general or special election must be removed
within ten seven days following an election; provided, that political signs
promoting successful candidates in a primary election may remain displayed until
ten seven days following the immediately subsequent general election.
nn°°..°„°:~.:r.,.. F°.. n°..,,:.,°t °re:,...., c„n,...:..,. >/t°,..:,.... 2.. It shall be the
responsibility of the campaign director or political candidate to have the signs
removed in accordance with this section. If any sign is placed or allowed to
remain in violation of this section, the City may remove the sign, and c-Barge-the
° ° °°'"° ~°-~°°°t '° the campaign director or political candidate shall be
liable to the City for all costs and expenses incurred by the City in removing and
storin sign.
ED. The display of any political sign in violation of this section, or any portion
or part thereof, shall be presumed. to have been done at the direction and request
of the campaign director or political candidate."
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall .not affect the
validity of the remaining portions of this ordinance.
Section 3. This ordinance shall take effect and be in force thirty days after its
passage, approval and publication as provided by law.
PASSED by the City Council this 10`~ day of October 2007.
APPROVED by the Mayor this 11 `h day of October 2007.
M1
Darlene Kordonowy, Mayor
ATTEST/AUTHENTICATE:
~tU.Wn~_ W.ZS(~
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNC[L
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO:
May 15, 2007
October 10, 2007
October 17, 2007
November 22, 2007
2007-14
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