Published: August 02, 2008 11:19 pm         

Stillwater’s political sign code ‘ambiguous’

• City Attorney recommends removing ‘unenforceable’ regulation’s time references until election season ends Nov. 4

Any sign currently displayed within Stillwater’s city limits may violate city code if it endorses a political candidate not on last week’s ballot.

But it probably doesn’t matter, as there appears to be no penalty for violation of the code and the rules may change Monday.

The City Council adopted the Land Development Code in March. It says political signs on private property “shall not be erected earlier than sixty (60) days prior to said election and shall be removed within fifteen (15) days following said election.”

The confusion is what is meant by “election.”

Steve Herndon, Stillwater’s property maintenance supervisor, said he understood the code to mean those not in primaries — including presidential candidates John McCain and Barack Obama — could not have signs up now. Also, those in last Tuesday’s primaries would have to take their signs down by Aug. 13.

Candidates on the Nov. 4 ballot would not be able to put up signs until Sept. 5.

That interpretation would provide an advantage to those in primaries, as they have twice as much sign time as those who face no challenge before the general election.

But City Attorney John Dorman wrote in e-mails to the NewsPress the ordinance is “ambiguous and lends itself to inconsistent interpretation” and “unenforceable to the extent it regulates placement of signs on private property.”

He added he is recommending the Council strike time references from the ordinance and consider new language pertaining to political signs when the LDC is reviewed in November.

The agenda for Monday’s City Council meeting refers to amending the portion of the LDC pertaining to signs.

Dorman wrote it would be unfair to impose new restrictions during an election cycle.

“An argument can also be made that the election period begins at candidate filing in July and ends with the final ballot in November,” he wrote.

As the code does not specific the penalty for violations, Dorman added he would be recommending the City Council add language in November to specify penalties.

One rule more clear is the state law prohibiting campaigning, including the placement of signs, within 300 feet of a polling place.

“If the sheriff catches them, they can be arrested for electioneering and there can be a fine,” said Michael Clingman, secretary of the state election board.

Cathy Chapman, assistant secretary of the Payne County election board, said they call the sheriff’s department and ask them to measure when voters report violations.

“That’s as much authority as the county election board has, to report the violation to the sheriff’s department,” she said.

In her three years working there, Chapman said such violations are “not too common.”

“I don’t think (the violations are done) maliciously,” she added. “I think it’s just lack of knowledge that signs cannot be placed within 300 feet.”

Under-Sheriff Charles Lawson said signs found within 300 feet of polling places will be taken down either by the candidate or the sheriff’s department. Either way, candidates can get their signs back.

“Most of the complaints are not valid in that people see the signs,” he added. “If they can see them from the polling place, they just assume it may be too close. Usually they don’t amount to anything.”

He said he cannot remember a time there has been a problem with repeated violations.

     

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