With the political season about to open in earnest, the Jackson City Council on Monday took the first step in the process of reactivating the suspended portions of the city's sign ordinance that deal with political signs.
City Attorney Andy Morris has written a new ordinance that amends much of the existing sign ordinance, primarily removing the word "political" entirely, while greatly increasing the allowable size and number of signs.
The topic of political signs and the ordinance governing them has arisen at numerous city council meetings this year. Morris has repeatedly shared his knowledge of the inherent indefensibility of ordinances written to control political signs, emphasizing the tie-in between political signage and first amendment rights. In the amended version, what otherwise might have been called "political signs" have become "non-commercial temporary signs," a term that includes signs dealing with religious, political or ideological sentiments. This change is intended to remove the onus of exclusivity. An ordinance governing all temporary signs should be easier to defend, should any defense become necessary. "I've written a very conservative ordinance," Morris said, "one that I believe is defensible."
In addition to broadening the scope of the ordinance, Morris' amendments provide for an increase in size from 3 square feet to 16 and placement of up to 80 square feet of signage on a given parcel. A calculation will show that a property could bristle with as many as 26 3-square-foot signs (the old size limit). To conform with the amended ordinance, non-commercial temporary signs may be posted no more than 100 days before an event and must be removed within two days after the date of the event. July 27 was exactly 100 days prior to the upcoming Nov. 4 election.
While on the topic of signs and the sign ordinance, the lingering question of how to deal with banners arose. Under current regulations, banners are not allowed, though they are common throughout the city. At last week's planning commission meeting, several business owners spoke in favor of allowing banners. Insofar as no final decisions have been made, public input was requested by planning commissioner Dave Butow, who would like to hear from people with opinions about banners at his e-mail address: daveb209@comcast.net.
Last Friday, Amador Superior Court Judge Susan B. Harlan ruled that the signatures gathered on petitions seeking a referendum against the city council's approval of the final environmental impact report for the city's Land Use Element, Circulation Element and Development Code had been gathered improperly, which removed the referendum from the November ballot. The city will now move forward with the process of updating its general plan.
"If we can get land use and circulation wrapped up, we should be able to get the development code to you by December," planning director Susan Peters told council members.
The final words on this may not have been heard yet, but Monday night's final words seemed to belong to Jackson residents Marilyn and Bud Lewis.
"I just want it on the record that the court did not rule on the issue," said Marilyn, a former council member who plans to run in November.
"There is still a stay in place for a year on any project of the size or scope of Jackson Hills," added Bud, referring to the controversial project that sparked the referendum push.
Smoking on Main Street may be banned, either partially or entirely, if the city council decides to implement the wishes of a general consensus at the last meeting of the Historic Jackson Business Association. Circumstances vary at the three Main Street bars. The National Hotel has its historic lobby area, where smoking is allowed. The Main Event has a smoking platform out back. The Wells Fargo has only its front alcove.
In discussion of a possible smoking ban, Jackson Police Chief Scott Morrison told the council, "We already have park areas where smoking is prohibited. Parts of Detert Park and all of Petkovich Park." In reference to smoking's adjunctive problem, blocking the sidewalk, and the assistance that a smoking ban might offer to law enforcement, Morrison informed the council, "For blocking the sidewalk, we have to have a victim. We can't be the victim."
The Oak Manor Retirement Residence will be allowed to proceed with its planned addition, after applicant Ron Regan and opponents Jerry Browder and John Doner hammered out a compromise acceptable to all parties. Concerns about adherence to the conditions attached to the project were dealt with by Peters. "This is a conditional use permit," Peters said. "If anyone claims that the conditions of the use permit are not being met, they can appeal to the planning commission. It could be the city council, but I will say that the planning commission is well-versed on this subject."
| Jerry Budrick |