Title
Consider/Discuss/Act on an Ordinance Amending Chapter 38, “Elections,” by Deleting Article IV, “Electioneering,” Together with Current Sections 38-70 Through 38-74 in their Entirety and Replacing Said Article IV with a New Article IV, Also Entitled “Electioneering,” Amending Article 5, “Signs,” of Chapter 150 of the Code of Ordinances, “Unified Development Code,” by Deleting Section 501.D.4, “Recovery of Temporary Election of Campaign Signs,” and Replacing Said Section with a New Section 501.D.4 Entitled “Removal of Temporary Signage,” Deleting Section 507.M, “Temporary Election or Campaign Signage In, On, or Over Public Right-of-Way,” and Replacing Said Section with a New Section 507.M Entitled “Wind-Driven Signs,” and by Deleting Section 507.N, “Wind-Driven Signs”
Summary
COUNCIL GOAL: Operational Excellence
(2B: Continuously provide a high level of customer service to our citizens)
MEETING DATE: March 16, 2024
DEPARTMENT: Development Services
City Attorney’s Office
City Secretary’s Office
CONTACT: Michael Quint, Executive Director of Development Services
Mark Houser, City Attorney
Empress Drane, City Secretary
RECOMMENDED CITY COUNCIL ACTION:
• Approved the proposed ordinance.
ITEM SUMMARY:
• Staff is proposing several amendments to Chapters 38 (Elections) and 150 (Unified Development Code) of the Code of Ordinances pertaining to electioneering and signage.
• After every election cycle, City Staff revisits Article IV (Electioneering) of Chapter 38 (Elections) of the Code of Ordinances and Article 5 (Signs) of Chapter 150 of the Code of Ordinances (Unified Development Code) to identify what regulations, if any, should be modified.
• After the primary election this past February and March, Staff identified numerous provisions that were unclear or otherwise difficult to enforce. In general, the areas of the Code of Ordinances warranting the most attention included:
o The types and sizes of signs that may be posted at city-owned and city-controlled polling sites;
o The way signs may be posted at city-owned and city-controlled polling sites; and
o The location where signs may be posted at city-owned and city-controlled polling sites.
• City Staff is proposing amendments to several sections of the Code of Ordinances pertaining to electioneering and associated signage which should result in a more transparent and predictable electioneering and voting experience at polling locations located on City-owned or City-controlled property.
• Other amendments are being proposed to the Code of Ordinances to address the U.S. Supreme Court’s decision regarding signage in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015). In this ruling, the Supreme Court ruled that jurisdictions could only regulate the time, place, and manner of signs and not their content.
• If approved by the City Council, the proposed ordinance amendments will become effective on May 6, 2024.
BACKGROUND INFORMATION: N/A
FINANCIAL SUMMARY: N/A
BOARD OR COMMISSION RECOMMENDATION: N/A