Spanish Fort council issues temporary moratorium on signs; city leaders exploring legality of electronic billboards

Posted 7/6/11

SPANISH FORT, Ala. — The City Council adopted a six-month moratorium on certain signs erected within city limits while it explores the legality of a situation involving an electronic billboard.

The decision came during Monday’s regular …

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Spanish Fort council issues temporary moratorium on signs; city leaders exploring legality of electronic billboards

Posted

SPANISH FORT, Ala. — The City Council adopted a six-month moratorium on certain signs erected within city limits while it explores the legality of a situation involving an electronic billboard.

The decision came during Monday’s regular meeting, following a work session that got heated at times as council members debated the strength of the city’s existing sign ordinance and its enforcement.

District 5 Councilwoman Mary Brabner recused herself from the vote, while the other five voting members of the panel approved the emergency measure.

At issue is the erection by Lamar Advertising Co. of an electronic billboard on the Causeway that city leaders contend was not permitted and violates the city’s existing sign ordinance.

Specifically, the moratorium prohibits the “permitting, construction, improvement, expansion, replacement and alteration of off-premise signs, billboards, electronic signs, digital signs and video signs.”

Mayor Joe Bonner said representatives from both the city and Lamar met Wednesday afternoon for what he characterized as a “fact-finding mission,” and he expects a resolution to be reached by Monday or Tuesday.

“We left with both attorneys looking up information on laws and regulation pertaining to state rights-of-way and sign ordinances. They stated their thoughts. We stated our thoughts. Now, the attorneys are looking at each other’s arguments, and we’ve got some homework to do,” said Bonner, declining to elaborate on the arguments cited by Lamar.

The issue arose in early June when Building Official Bruce Renkert received an inquiry from Bay City Electric Co. requesting a permit to upgrade service to an existing sign behind the long abandoned hotel on the Causeway. Renkert asked specifically if the intentions were to erect an electronic billboard, but he did not receive a straight answer. Out of what he called “an abundance of caution” the permit he issued for the electrical upgrades stated specifically that it did not authorize the construction or use of an electronic billboard or any such structure.

Following a series of convoluted exchanges, the electronic sign — which was never permitted — was activated several weeks ago, sparking the current situation.

During the work session preceding Monday’s vote, Bonner said he objected to the type of sign Lamar has erected “because I think when you drive by them your attention goes from driving to looking.”

Meanwhile, Renkert said even if Lamar had gone through the proper channels and requested the sign, he would never have granted the permit because it violates the city’s sign ordinance.

District 1 Councilman Dennis Dismuke asked whether the “safety hazard” factor gives the city grounds to issue a “cease-and-desist” order and questioned why the sign ordinance is not being more strictly enforced.

“We’ve got to take a stronger stance in situations like these, so that people know they have to follow our rules and regulations or face the consequences,” Dismuke said, sparking a heated exchange between him and Bonner.

The mayor said he sought legal counsel when the issue arose, and at the moment he’s choosing to follow said advice.

“The worst thing I can ever do is ask someone who knows more than I do about something for advice and then not take it,” Bonner said.

Dismuke, however, said he’s only asking what’s best for the safety of his constituents and reiterated his stance that existing ordinances should be enforced.

“We’re very lax in enforcing our rules and regulations, and we need to take a look at it in my opinion,” he said.

District 4 Councilman Tom Sawyer said he would “rather choose a path of reason, certainly for the first couple of days” to determine if what has transpired has been deliberate or unintentional, “instead of causing an adversarial relationship right off the bat.”

Meanwhile, Bonner took issue with Dismuke’s assertion that the mayor’s office is handling potential violators with too soft a touch.

“You think I need to be brutal, and that’s just not my style. Nine out of 10 times I get things done by bringing people to the table,” Bonner said.