First of all, let me apologize for the lack of content here lately and in the coming days. I’ve been both busy at work and I’ve finally started working on a long delayed side project in my spare time.
Apparently Huntsville has a law dating back to 1972 that they are beginning to enforce again for some unknown reason. The law bars businesses from painting murals and other artwork on their building to advertise the products they sell. The businesses, however, are free to paint anything else they so desire. For example, a pizza place would not be permitted to paint a small picture of a slice of pizza, but could paint a toilet the size of a Winnebago on the side of their building.
Artwork gracing the buildings of some of Huntsville’s most popular businesses - such as Garden Cove Produce Center and the Po-Boy Factory - are undergoing renovation, but it’s not as intensive as some people might think.
Only those aspects that advertise what the business sells or the name of the company have to go from the exterior brick, wood or concrete block walls.
“We had to spray paint over our apples and pumpkins,” said Garden Cove health food store Manager Pam Breece. “But the painting of the man can stay. We don’t sell men.”
I like the snarky quote from Breece. It is a shame they painted over part their mural, which was very good. The store is also a fine place to go for organic produce, by the way.
The city actually has a “sign enforcement officer” - the advertising gestapo - who rides around looking for offenders.
Earlier this summer, while Huntsville’s sign enforcement officer Johnnie Dodson was driving on Andrew Jackson Way, he noticed that the Po-Boy Factory had some new scenes painted on it. Its old plywood sign was gone, and the Cajun restaurant’s name was painted directly on the wall. A big basket of catfish, crawfish, potatoes, corn and oysters was painted nearby.
And on another wall, owner Donnie Thigpen was pictured standing in a fishing boat with buckets of seafood.
“You can’t paint your name or product on your structure,” Dodson said. “Plain and simple. It’s in the code.”
I looked through Huntsville’s Code of Ordinances (click on “City Laws Online”) to find the specific code being violated and the closest I could come was this:
72.5.3. Signs painted or pasted directly on the structures are expressly prohibited.
Sign is defined in the ordinance as “A structure or device designed or intended to convey information to the public in written or pictorial form. The term “sign” shall be construed to include any decorative or structural framework, supports or attachments necessary for or incidental to such sign.” Nowhere did it state as clearly as Dodson implied that businesses can’t paint their name or product on the structure. I suppose one could assume that a sign consists of a business’ name and product sold, but that isn’t what is defined in the ordinance. According to the definition of a sign any image that conveys information to the public is a sign.
As a public service, I thought I would paste the full list of regulations pertaining to political signs for those of you interested in getting out your message here in Huntsville:
In addition to all other signs herein authorized, temporary, attached and ground signs advertising political parties, issues, or candidates, when the same are related to or concerning a pending election to be held within the city or county, may be erected and maintained temporarily prior to said election and shall be removed no later than ten days after the election or any runoff election.
The following terms and conditions shall apply:
72.6.1. In residence 1, 1-A, 1-B, 1-C, 2, 2-A, and planned development-housing districts the size of such signs shall not exceed six square feet.
72.6.2. In residence 2-B, neighborhood business C-1, C-1A and C-2, general business C-3, highway business C4, airport commercial, and planned development-shopping center and planned development-highway commercial districts, said signs shall not exceed 16 square feet in area.
72.6.3. In light and heavy industry, disposal-storage, and heavy manufacturing districts, said signs shall not exceed 32 square feet in area.
72.6.4. No such sign shall be allowed in research park, research park west, research park applications, medical, commercial recreation C-5, commercial industrial park, airport industrial park, industrial park, or planned industrial districts.
72.6.5. No height or setback shall be required, except as provided in section 72.6.7, and except that no such sign shall be erected so as to violate the corner visibility provisions of this ordinance.
72.6.6. A $25.00 annual permit fee shall be paid to the manager of inspection by each candidate or campaign organization erecting temporary political signs within the City of Huntsville. The application form for temporary political signs shall be signed by the person responsible for removing or having removed said signs within the authorized time period. The name and address of the candidate or the campaign organization shall be clearly printed on the face of said signs.
72.6.7. No such sign shall be erected in or on any public right-of-way, public park, public building, public grounds, or other public place, except that in residentially zoned districts such signs shall be erected a minimum of ten feet from the back of the curb or from the edge of the pavement if there is no curb regardless of the actual location of said right-of-way. No such sign shall be affixed to any tree, fence post or telephone or utility pole, and it shall be unlawful for any person to erect or maintain any such sign upon the property of another without first having secured authorization or permission of the owner or person in possession of the property.
Now I personally feel that those laws are overly restrictive in a society based on public participation in the political process. If I have my own pet political cause and I place a small sign in my yard, below the six square foot maximum, I would technically have to pay the city $25 each year. That is asinine at best and an unconstitutional restriction of my free speech at worst.
I also know for a fact that I have seen political signs on people’s private property mounted within ten feet of the curb. I’m sure they only enforce it based on the candidate or cause.
There is one element of the regulation could pose problems for grassroots people who craft homemade signs. The regulation states that the name and address of the candidate or campaign organization must be included.
In summary, no advertising your products in Huntsville and enjoy participating in the political process as long as you do so in a controlled fashion on small, well marked signs placed in low traffic areas so that you can’t get out your message.
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