CONTRIBUTED GRAPHIC A graphic shared on the city of Marshalltown Facebook page after last Monday’s city council meeting clarifies the rules and regulations around sign placement within the community, which garnered significant discussion during the meeting.

The Marshalltown city council voted to approve a new city fee schedule effective July 1 during last Monday night’s meeting, but not before a rather extensive discussion on regulations pertaining to sign placement in the city right of way.

City Clerk Alicia Hunter provided a rundown on some of the proposed changes, mostly slight increases to cover staff costs — along with a decrease in the cost for weekday rentals of certain city properties — before noting that under current code, there is no fee schedule for illegal sign enforcement. Under the new rules, the first offense would generate a warning, the second offense would trigger a $25 fine per sign and the third offense would invoke a $75 fine per sign.

Councilor Sue Cahill asked for clarification on what would constitute an illegal sign, and she replied that any sign or flyer advertising events on downtown windows or any unauthorized location would be in violation of city codes. Cahill said she hated the idea of raising fees, but the city simply did not have the money to provide all services without cost.

Fellow Councilor Mark Mitchell asked if the sign ordinance would pertain to garage sale signs on utility poles, and Hunter welcomed Assistant Housing and Community Development Director Clayton Ender to the microphone to share further details. Illegal sign regulations, he said, are not content specific but rather based entirely on placement, particularly if they are placed in the public right of way.

“Per the zoning code, no signs are permitted in the public right of way. You cannot categorize specifically based on content as that is a violation to the First Amendment to the U.S. Constitution per the U.S. Supreme Court,” he said.

Councilor Gary Thompson clarified that if a garage sale is placed on a telephone pole or a real estate sign is placed in the public right of way, the owner who placed it would be fined once it is observed by city staff.

“That would be the intent of the ordinance,” Ender said.

Councilor Mark Mitchell asked whether violations would be handled by the police department, and Ender told him it would fall to city code enforcement staff. Mayor Pro Tem Jeff Schneider wondered about a “mass outlet permit” to help cover electrical and labor costs and avoid having too many generators running during a festival, and Public Works Director Heather Thomas said that section arose from concerns over improper use and vandalism of outlets during events in the 13th Street District.

Schneider suggested capping the electrical fee or implementing a quantity discount to discourage generator use, and Thompson said he was still struggling with the sign regulations, again citing the Supreme Court case in Arizona that prompted the “content neutral” clause.

According to Ender, the only place where signs are allowed in the public right of way is the Urban Core Zoning district, which means downtown and the 13th Street District.

“My fear is, Clayton, you and your staff, in my opinion, they have their hands full keeping up with all these other (things). I don’t want their job to turn into the sign police,” Thompson said. “I just don’t see the problem. We’re gonna create a headache for a problem that doesn’t exist.”

City Administrator Carol Webb said the city does receive frequent complaints about signs in the public right of way, and city staff then removes them. During the public comment period, Joe Carter said he agreed with Thompson and felt the council was trying to fix a non-existent problem.

“I don’t know what the bad signs are, but if I’ve got a garage sale and I put that up and I’m gonna get in trouble or I’m a REALTOR ® and I have to put it up on a corner to notify people I’ve got a house for sale there and I happen to be on the right of way, do I really care?” he asked.

Linda Clark cited her support for the Union Pacific Railroad and a custom sign she has on her own property and agreed with Carter that the matter should be left alone. Doris Kinnick recounted an experience accidentally putting up a garage sale sign on a utility pole and having to get it back from a police officer.

“I did not realize that you cannot put signs in the boulevard, in the terrace. How are people going to advertise their garage sales? I went to a garage sale last weekend and had an absolute blast. Don’t be doing this stuff,” she said, before adding that she supported the idea of time limits for signs.

Layne Pieri offered a more general comment on the fee schedule and working with the public, and Marshalltown Area Chamber of Commerce President/CEO John Hall said there have been problems with signs being placed on downtown windows and buildings without the permission of the property owners. He felt that some sort of enforcement mechanism for those situations would be beneficial.

Before the council voted, Thompson asked if the zoning aspects could be discussed further and potentially changed at the next meeting. The resolution passed 6-1 with Fonseca opposed.