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Mar

5

Debate tonight: Whether Pepper Pike one political yard sign law is unconstitutional

Filed Under 'Roots News, Announcements, Civil Rights, Courts, Debates, Government, Law, Ohio, Politics | 2 Comments

Pepper Pike Municipal Code 1486.02 restricts residents to posting only one political yard sign (pertinent part bold and italicized):

1486.01 DEFINITIONS
As used in this chapter:

(a) “Commercial sign” means any sign which proposes a commercial transaction or a product or service.
(b) “Sign” means any identification, description, illustration or device which is affixed to or integrated into a building, structure or land, or otherwise situated on a lot, and which is intended to direct or attract attention to or announce or promote a product, place, activity, person, idea, institution or business by means of letters, words, designs, colors, symbols, banners, fixtures, images or illustrations. “Sign” shall not include religious and other holiday lights and decorations containing no commercial message.
(c) “Sign structure” means the sign face and all members necessary to support the sign face or, in the case of a two-sided sign, both sign faces.
(Ord. 1994-41. Passed 9-28-94.)

1486.02 PERMITTED SIGNS IN RESIDENTIAL ZONING DISTRICTS

(a) In a residential zoning district, only the following signs are permitted:

(1) One nameplate, of two-square feet in area per dwelling unit, indicating only the name and address of the person(s) occupying the lot.

(2) One sign, not more than one-square foot in area containing a brief statement directly relating to the physical safety and security of the premises, its occupants or visitors thereon (e.g. “beware of dog,” “protected by electronic security system” and “block watch”). Such a sign may identify a particular security system by name and/or logo for the purpose of deterrence of potential intruders and to inform safety forces and emergency medical personnel of a contact for important information relating to the premises or its occupant(s).

(3) One sign structure, of not more than six-square feet on each side, which does not propose or promote a commercial transaction, a product or a service. Any sign relating to an election or a particular event may be displayed no more than thirty days prior to the election or event and must be removed within three days following the election or event. A two-sided sign shall have parallel faces not greater than six inches apart.

(4) One sign structure, of not more than six square feet on each side, advertising that the house and/or property on which the sign is located is for sale. The sign may accurately state that the house and/or property has been sold or that a sale of the house and/or property is pending. The “sold” designation shall not be on the sign longer than 14 days and the “sale pending” designation shall not be on the sign longer than 60 days. The 60 day limitation for the “sale pending” designation may be extended for reasons due to circumstances beyond the owner’s control upon written application to and approval from the building inspector. The owner or its agent shall notify the Building Inspector in writing when a “sold” or “sale pending” designation is placed on a sign for the purpose of calculating the time periods provided herein that the house and/or property has been sold or that a sale of the house and/or property is pending. In addition to the other restrictions which apply to signs in residential districts, the following shall apply to “for sale” signs.

A. The signs shall contain only three colors excluding the background color.

B. There shall be no photographs on the sign.

C. There shall be no attached brochure boxes on the sign.

D. Nothing shall protrude above or hang below the sign.

(b) No sign permitted by this section shall be illuminated in any manner or contain any blinking or flashing lights or any moving parts whatsoever.

(c) For purposes of calculating the area of a sign, such area shall include any framing, outlining or background area of a sign.

(d) A sign shall not be erected at a height greater than four feet from the ground to the top of the sign structure.

(e) No sign shall be erected closer than twenty feet from the pavement of a street or within six feet of any property line.

(f) All signs placed on residential zoning district lots shall be of substantial construction so as to withstand weather conditions, such as rain, snow, wind, freezing and thawing, without deterioration of the sign or its structure.
(Ord. 2007-29. Passed 4-18-07.)

The penalties for violating the ordinance are in Pepper Pike Municipal Code 1440.99:

1440.99 GENERAL CODE PENALTY

(a) Whoever violates or fails to comply with any of the provisions of this Building Code, including the provisions of the codes adopted by reference in Chapters 1420 and 1422, for which no penalty is otherwise provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. Unless otherwise provided, a separate offense shall be deemed committed each day or portion thereof during which any work or act covered by this Building Code is performed or permitted to exist without a proper permit having first been obtained or in violation of any provision of this Building Code or order made pursuant thereto.

(b) The application of the penalty provided in subsection (a) hereof shall not be held to prevent the enforced removal of prohibited conditions.

This law means that you cannot express your support for a presidential candidate and, say, an Ohio senate candidate with a yard sign for each candidate.

Or an Ohio senate candidate and an Ohio house candidate, with a yard sign for each candidate.

Or a judicial candidate and a U.S. congressional candidate, with a yard sign for each candidate.

Perhaps most egregious, residents cannot support or opposition to school levies or any other local, county or statewide issue on a ballot and support for a candidate with a yard sign expressing the resident’s speech regarding the issue and the candidate.

This law contradicts both U.S. Supreme Court precedent as well as Ohio Supreme Court precedent because it is an unconstitutional restriction of our right to free speech. That ruling has been made repeatedly around the country. Read this article for more background.

At least six communities, of sizes that are larger and smaller in population and geographically, that are adjacent to Pepper Pike allow for more than one sign in a yard:

Beachwood (Ch.1141.06(c))
Solon
Mayfield Village
Moreland Hills (Ch.1325.13)
Hunting Valley(Ch.1155.04(b))
Orange Village: per Orange Village City Hall, there is a one sign per candidate or issue, but not a one sign per yard limit (I’ll be calling in the morning since neither myself nor the person with whom I spoke at the city could find the precise ordinance)

There’s more than enough time to organize 57 reasons why the Pepper Pike ordinance is unconstitutional and should be amended to permit more than one political sign on a resident’s yard.  Please, e-mail me or leave a comment if you’ve had any experience with this kind of restriction on your freedom of speech.

Tonight, at the monthly meeting of the Pepper Pike Democratic Club, Pepper Pike City Councilman Rick Taft will argue on behalf of the city in favor of the restriction and Professor Lew Katz will argue against the restriction.  This debate will begin at 7:00 pm in the Orange Branch of the Cuyahoga County Public Library on Chagrin Boulevard in Pepper Pike.

We welcome everyone who can make it out to listen and contribute.

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By Jill Miller Zimon at 4:39 pm March 5th, 2008 in 'Roots News, Announcements, Civil Rights, Courts, Debates, Government, Law, Ohio, Politics | 2 Comments 

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Mar

5

The Senior Fitness Movement shows its pride, links to video of 95 year old Ohio voter

Filed Under 'Roots News, Blogging, Elections, Politics, Voting, WH2008 | 2 Comments

As it should.

I received a few very kind comments and e-mails about how pleased people were to see a representative of a group – senior citizens – that often is not remembered as more than just a micro-targeted demographic. I want to think more about that fact as the months between now and November pass.

Who do you want to hear from in regard to how they vote and why? I’ll try to find them or someone from that category and keep a video diary of their reflections on what is sure to be an historic presidential election year.

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By Jill Miller Zimon at 10:02 am March 5th, 2008 in 'Roots News, Blogging, Elections, Politics, Voting, WH2008 | 2 Comments 

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Mar

5

JMZ on the BBC: Choices, blog impact & what’s next in Democratic primary

Filed Under 'Roots News, Announcements, Barack Obama, Blogging, Hillary Clinton, Media, Ohio, Politics, Predictions, Primary, Voting, Wide Open | 10 Comments

I’ve been asked many times, Who are you voting for? Have you endorsed anyone?

Now you know.

H/t George.

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By Jill Miller Zimon at 7:43 am March 5th, 2008 in 'Roots News, Announcements, Barack Obama, Blogging, Hillary Clinton, Media, Ohio, Politics, Predictions, Primary, Voting, Wide Open | 10 Comments 

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Mar

5

Video of Cuyahoga County, Ohio warehouse ballot counting

Filed Under 'Roots News, Cleveland+, Elections, Ohio, Politics, Primary, WH2008 | 2 Comments

Thank you for vlogging, Brian. Here’s a two-fer, both worth watching:

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By Jill Miller Zimon at 1:19 am March 5th, 2008 in 'Roots News, Cleveland+, Elections, Ohio, Politics, Primary, WH2008 | 2 Comments 

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Mar

5

Chris Matthews give Rachel Maddow a kudo for 3am phone call congrats line

Filed Under Politics | 9 Comments

Rachel Maddow is on MSNBC.  I’m watching because I need to keep myself awake – who knows – I could be so tired on the BBC that I’ll say I voted for someone I didn’t?

So Chris Matthews thinks Maddow had the line of the night – I didn’t hear it and I can’t find it yet but it was something like, Barack Obama should have made congratulations call to Clinton at 3am – just to see how she’d answer it.

Sounds good and hopefully I’ll be able to find it so you can hear or see it.

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By Jill Miller Zimon at 1:09 am March 5th, 2008 in Politics | 9 Comments 

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Mar

5

On the ground audio report from a Texas caucus-goer

Filed Under 'Roots News, Caucus, Elections, Politics, WH2008 | 1 Comment

Phew. While Clinton and Obama are battling it out for the Democratic presidential nomination, Texas and Ohio are battling it out over which state has more snafus in its primary election process. Listen here to what one Texan is experiencing.

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By Jill Miller Zimon at 12:22 am March 5th, 2008 in 'Roots News, Caucus, Elections, Politics, WH2008 | 1 Comment 

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