According to a post on the City of Ferndale website, current regulations regarding the placing of signs in city right-of-ways (aka public land) appear unconstitutional. This was uncovered in a Supreme Court opinion on a case in Arizona last year. As a result, the city is seeking community input regarding how to move forward.
NOTE: This is not applicable to signs placed on private property.
The Court’s opinion stated if signs of any specific subject matter are allowed or disallowed on public right-of-ways, they must all be. In other words, allowing or banning based on the purpose or content of a sign is unconstitutional as it places limitations on free speech.
Ferndale, like most municipalities, has allowed signs on public right-of-ways for some purposes but not others.
Click for more information
Click for more informationCurrently the Ferndale municipal code allows
- service organizations to post up to 4-foot signs in some public right-of-ways (eg between Riverside Drive & Main Street) but not in others and it dictates the messaging (eg no advertising)
- businesses to place signs in the public right-of-way in front of their business locations
- political/campaign signs in public right-of-ways
- real estate signs in public right-of-ways
Most other temporary signs are allowed to extend up to 6 square-feet in the public right-of-ways including public service information signs, public transit signs, historical signs, religious, holiday, garage sale, directional signs (but only for fundraising and community events) and organization signs.
At the city council meeting Monday, March 7th, city staff will recommend the council adopt a moratorium immediately banning all signs in public right-of-ways. In their recommendation, the cost of enforcement, cleanup and maintenance is sited as well as “sign blight” during political and garage sale seasons.
In the mean time, the city is asking for citizen input as they try to find a position that is both constitutional and “works for everyone.”