The Morrow, Georgia City council had its first reading on a revised sign ordinance last tuesday according to News-Daily. The ordinance is being revised to comply with Reed V Gilbert. You can read the proposed ordinance in the May 10, 2016 City Council minutes.
The proposed ordinance places all signs under the city’s sign ordinance. Insider notes that many cities have been applying their ordinances to all signs (including yard sale sign, temporary signs and no trespassing signs) in order to avoid having a sign code which can be nullified because it is content based.
The proposed ordinance also has a severability clause which means that any clause in the ordinance that is found to be unconstitutional can be eliminate from the ordinance without having the entire ordinance to be deemed invalid.
Morrow has had a sign moratorium in effect since March 8, 2016. The Planning and Zoning board will hold a public hearing on the proposed ordinance on May 17. The Mayor and City council will conduct an additional public hearing on May 24. The Council intends to vote on the new sign ordinance before the existing sign moratorium expires on June 6, 2016.
Insider’s take: Most cities are passing legislation with severability clauses and moving to a content neutral from of regulation is response to Reed V Gilbert. The biggest takeaway from Reed V Gilbert is that a sign ordinance if probably unconstitutional if a sign inspector has to read a sign to decide what sort of sign rules apply to it. This is a content-based violation of the first amendment.
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