[RP TownTalk] Signs

[Alan K. Thompson]

Dwight,

The Public Works Committee explored legislation to prohibit commercial
signs in the Town's right-of-way a few years ago, but set it aside when the
State enacted legislation similar to what we were considering (we thought
we would let the State work through the court cases and then look at the
legislation again).  The State law, as I remember, at least looked like it
was enforceable by our police along state roadways (Baltimore Avenue,
East-West Highway, and Kenilworth). I don't recall whether signs placed on
private property were regulated or not, but I would guess that they are not
(because of First Amendment issues).

Alan


On Wed, Feb 6, 2013 at 6:34 PM, Dwight Holmes <dwightrholmes at gmail.com>wrote:

> Thanks, Jonathan.  As I read this - and I'm no lawyer - that would seem to
> prohibit attaching a sign to a utility pole or street sign, but doesn't
> prohibit sticking a yard sign in the ground, even if it's public
> right-of-way, does it? Or does it? Does that constitute "marring" of town
> property?  (I would say yes, though it's hard to argue there's lasting
> damage after the sign is removed)
>
> On Wed, Feb 6, 2013 at 6:10 PM, Jonathan W. Ebbeler <
> jebbeler at riverdaleparkmd.gov> wrote:
>
>> Dwight et al.
>>
>> The question of legality (in this case illegality) of erecting signs like
>> this can likely be found here:
>>
>> § 50-2. Damaging or tampering with public property.
>>
>> It shall be unlawful for any unauthorized person to destroy, damage, cut,
>> injure, mar, deface, move or otherwise injure or tamper with any of the
>> property of the town or of the Riverdale Fire Department, or with any
>> property used by the town, whether belonging to it or to another, or to
>> tamper with, destroy, break, move, or deface any traffic sign, signaling
>> device, radio, siren, electric or other light, street sign, memorial,
>> marker, barricade, guard rail, bridge, retaining wall, culvert, catch
>> basin, manhole cover, drain or other device of whatever kind or character,
>> erected, installed, operated or maintained by the Mayor and Council or by
>> anyone by their authorization and direction.
>>
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>
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