Citizen addresses Huntingburg Council about “embarrassing” signs

Huntingburg — The Huntingburg Common Council heard a concern regarding a number of signs and their content on display at a residence on the city’s southside during its regular meeting held Tuesday afternoon.

Mr. Barry Schneider explained that he has been a lifelong resident of Huntingurg, and he was very proud to call the city his family’s home. However, after walking the council through the many aspects of the city he is proud of — League Stadium, the school corporation facilities, the city parks, the downtown area, Memorial Gymnasium and more — Mr. Schneider explained that the signs on display at a residence located on U.S. 231 are a blot on the city’s beauty.

“When I drive through town heading out to the southside … I am not very proud of what I see,” he said. “Actually, I am pretty disgusted by what I see.”

Mr. Scheider explained that these signs and a larger billboard specifically are the first thing visitors see entering the town and the last thing they see leaving town.

“Please, help me do something about that so we can bring guests into this town, and they will say, ‘Wow, what a town this is! I might want to live here one day. I might want to start a business here one day. I might go to school and come back and run for office one day.'” Schneider urged the council.

“It is a stain on our city. It is an eyesore in our city,” he added. “It has no place in our city.”

While the council and Mr. Schneider never mentioned the address of the residence nor the name of the homeowner during the meeting, a property located along U.S. 231 has many signs on display. All of a political nature.

City Attorney Phil Schneider explained that the city is limited on how it can regulate signs as it relates to the First Amendment. Most speech is protected in regards to personal free speech. However, the city has some regulatory power over commercial free speech (i.e., something advertising a service or product). “We have absolutely no authority to regulate free speech or private political speech that is not commercial in nature, that isn’t trying to sell something,” Schneider said.

He explained they could regulate signs that incite violence or those that are obscene in nature. Signs that use an expletive with the name of a political leader as the object of that expletive (FU… name a candidate) are protected, according to Schneider.

Wednesday morning, Schneider clarified that the city can regulate the number of signs or the amount of signage on a residential property for the sake of public safety and the aesthetic of the city. Those regulations can limit the size of signs and the number of signs, but they cannot limit the content of those signs.

“As long as it (sign regulation) is content-neutral — you don’t have to read the sign in order to enforce the restriction,” he explained, “the courts have said that public safety and aesthetic are a governmental interest that would justify content-neutral regulations.”

He explained the city can create ordinances that restrict the size, time limit and placement of signs so long as the ordinance is universal.

In regard to elections, the city cannot limit the quantity and size of temporary signs 60 days prior to an election and six days after an election so long as the sign face does not exceed 32 square feet in area. The signs in question have been up outside of this exempt timeframe.

During the council meeting, Councilman Steve McPherron asked about looking into the city’s sign ordinance procedures for residential properties to determine if the homeowner had exceeded the number and size limitations on temporary signs.

According to Planning Director Paul Lake, the City’s Unified Development Ordinance allows free-standing signs up to 16 square feet per side at a residence. “If it was double-sided, 16 square feet on both sides would be allowed,” he explained.

If the sign exceeds that size, the city can tell them to put up a smaller sign.

According to the Huntingburg Unified Development Ordinance, a residentially zoned property can have two temporary sign structures that do not exceed four feet in height and 16 square feet per sign face. The signs can’t block sightlines for traffic and have to be at least ten feet from any property line.

Those signs — outside of political season — can be on display for 30 days at a time. Lake explained they could request the property owner take down the sign after being on display for 30 days. “They can take it down for a brief period of time and stick it right back up for another 30-day period,” he added.

Lake said his department would see if the number of signs attached to the residence and fence were in violation of the city ordinance.

During the council meeting, Mayor Schwinghamer told Mr. Schneider he appreciated his comments but explained that the city has done everything in its power to work with the homeowner.

“You are certainly preaching to the choir here. I certainly appreciate where you are coming from,” Schwinghamer told him. “Right now, I don’t know if there’s anything we can do.”

“I think one thing people can do is exactly what you are doing, Mr. Schneider,” said the city attorney. “Express their disappointment and reprehension about these kinds of signs.”