To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Heidi J. Hugdahl, Deputy Town Attorney
Title
Ordinance Amending Title 19 of the Castle Rock Municipal Code Concerning Posting of Signs in the Public Rights-of-Way (Second Reading)
Body
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Executive Summary
The Ordinance was approved on first reading August 16, 2016 by a vote of 6-0.
In order to keep in step with evolving legal authority, including a relatively recent United States Supreme Court decision, Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), there is a need to make some minor amendments to Title 19 (Sign Code Regulations) of the Town of Castle Rock’s Municipal Code, primarily with respect to signage in the rights-of-way and related provisions.
Discussion
In its current form, the Town’s Sign Code, prohibits most signs in the public rights-of-way, with limited exceptions. Subject to uniform and content-neutral regulations, with the adoption of the suggested amendments, the Town seeks to continue its practice of ensuring that certain signs are allowed within the rights-of-way while continuing to prohibit others. And, in some respects, the Town’s Sign Code may be redundant. The suggested amendments to the Sign Code will make it clearer, simpler, and more succinct.
Staff recommends sharpening some of the definitions, and clarifying the application of the Sign Code, by maintaining some of the Code’s exact language, reorganizing some of the language, and by making certain additions and deletions to the language.
Staff also suggests adding a “substitution clause” which states: “any sign that is permitted or otherwise allowed to be displayed under the provisions of this Chapter may contain any non-commercial message.” This clause is designed to address issues that could arise related to favoring commercial or other speech and non-commercial speech.
Proposed Motion
“I move to approve an Ordinance Amending Title 19 of the Castle Rock Municipal Code Concerning Posting of Signs in the Public Rights-of way, on first reading.”
Attachments
Attachment A: Ordinance