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Updated 05/2014

Sign Control

Contents

Introduction

This page presents general information on sign control and sample sign code provisions from Washington cities and counties. The page includes examples of comprehensive sign ordinances and provisions addressing specific types of signage.

A city's authority to regulate signs is based upon its "police power." However, since signs are a form of communication, that authority is limited by the free speech provisions of the state and federal constitutions. Since signs are also a form of property, a city's authority to regulate existing signs is also limited by the "takings" provisions of the state and federal constitutions. Because of the constitutional issues involved in sign regulation, we strongly recommend that your city attorney review any proposed sign ordinance.

Legal References - Court Decisions

Two court cases, one decided by the state supreme court and the other by the U.S. Supreme Court, help to clarify the constitutional limits on a city's authority over certain types of signs.

  • Resident Action Council v. Seattle Housing Auth., 162 Wn.2d 773 (2008) – The court held that the public housing authority's rule banning all signs on the outside of tenants' doors violated the First Amendment because: (1) the tenants retained control over the outer surfaces of their doors; and (2) a total ban on signs was unnecessary to support various interests claimed by the authority, such as avoiding clutter and avoiding the cost of refinishing damaged doors. The court determined that it did not matter, as concerns the application of the First Amendment here, that the tenants leased and did not own their units.
  • Collier v. Tacoma, 121 Wn.2d 737 (1993) - The state supreme court found unconstitutional a provision of Tacoma's sign code that prohibited the placement of political signs earlier than 60 days before the date of the election for which the signs were intended. Tacoma's requirement that political signs be removed within seven days after the election was not challenged.
  • City of Ladue v. Gilleo, 512 U.S. 43, 129 L. Ed. 2d 36 (1994) - The U.S. Supreme Court struck down a Ladue, Missouri ordinance that prohibited all residential signs, except those falling within certain specific exemptions such as small "residential identification" signs and signs advertising the sale, lease, or exchange of property. The Court concluded that the ordinance violated the First Amendment's free speech protection by suppressing too much speech. Although the Court invalidated Ladue's restrictions, it did not provide any meaningful guidance as to what would be a permissible content-neutral regulation of signs on residential property.

The regulation of portable signs that are handheld or worn by persons may have constitutional issues. MRSC recommends consulting with legal counsel before issuing citations unless your local ordinance has been specifically tailored to address these issues.

  • Sanders v. City of Seattle, 160 Wn.2d 198 (2007) - An easement granted to the City of Seattle for the limited purpose of providing pedestrian access to a monorail station was not a public forum; the oral policy which required war protestors using the easement to hold stick-mounted signs down was a reasonable regulation on speech under the First Amendment and article 1, section 5 of the state constitution.
  • Ballen v. Redmond, 466 F.3d 736 (9th Cir., 2006) - The Ninth Circuit Court of Appeals ruled that Redmond's portable sign regulation ban on some commercial signs was an impermissible restriction on commercial speech and therefore unconstitutional. At issue were Blazing Bagels' employees standing on the street wearing signs advertising fresh bagels.
  • Kitsap County v. Mattress Outlet, 153 Wn.2d 506 (2005) - Held that Kitsap County's sign ordinance, which the county claimed prohibited Mattress Outlet's use of raincoat-clad workers as offset advertisements, is an unconstitutional restriction of commercial speech.

The following are several other court decisions related to sign control.

  • City of Seattle v. Mighty Movers, Inc., 152 Wn.2d 343 (2004) – The court upheld the city ordinance restricting posting on utility poles, concluding that the ordinance was enacted to achieve legitimate governmental purposes, it was reasonable in light of the purposes served by utility poles, and it was content and viewpoint neutral. The court also held that utility poles were not a public forum because they were an essential part of the city's power system and they had not been a traditional public forum or historically held open to the general public.
  • G.K Ltd. Travel v. City of Lake Oswego, 436 F.3rd 1064 (2006) – The court held that the city's restriction on plaintiffs' pole sign was not content-based and that the city's interest in regulating pole signs - in preventing visual blight and ensuring travel safety - was significant. The city produced strong evidence of the need for the sign restrictions and the form the restrictions should take.
  • Lindsey v. Tacoma-Pierce County Health Dep’t., 195 F.3d 1065 (9th Cir. 1999) – The court reversed a ban on outdoor tobacco advertising, holding that such local action was preempted by the Federal Cigarette Labeling and Advertising Act.
  • McClanahan v. City of Tumwater, No. 11–cv–5623-RBL (W.D. WA, Mar. 6, 2012) (Order denying motion for preliminary injunction) – The city removed yard sign containing political speech that intruded into sidewalk. The court, denying the plaintiff’s motion, held that the city removed the sign not based on its content but because it was located in the right-of-way.

Comprehensive Sign Control Provisions

City Ordinances

County Ordinances

  • King County Zoning Code - Sign Requirements, Department of Development and Environmental Services (DDES) Customer Information Bulletin No. 20A, 12/04/2007
  • Kitsap County Code Ch. 17.445 - Signs
  • Pierce County Code Title 18 B - Development Regulations - Signs

Advertising on Parked Vehicles

The state's model traffic ordinance prohibits parking on state highways for the purpose of display advertising. Some jurisdictions have adopted regulations prohibiting advertising signs on parked vehicles.

  • Parking on Public Streets - WAC 308-330-436 (MTO) - Parking for Certain Purposes Unlawful
  • Bellingham Municipal Code Sec. 11.33.050 - Parking for Certain Purposes Unlawful
  • Ferndale Municipal Code Sec. 10.08.070(D) - Prohibited Parking
  • Issaquah Municipal Code Sec. 18.11.480(M) - Listing of specifically prohibited signs and devices - Parked vehicles, trailers or carts with signs
  • Poulsbo Municipal Code Sec. 18.170.050(J) - Prohibited Signs
  • Seattle Municipal Code Sec. 23.55.003(3) - Signs prohibited in all zones

Community Service and Bulletin Board Signs

This section includes community signage, such as community bulletin boards, service club signs, and information sign kiosks

  • Maple Valley Municipal Code Sec. 18.50.010(E)(6) - Bulletin Boards and (I)(4)(f) and (g) - Bulletin board design criteria
  • Port Townsend Municipal Code Sec. 17.76.060 - Special Category Signs - Includes provisions for community announcement, service club, and community event signs
  • Sammamish Municipal Code Sec. 21A.45.070 - Community bulletin board signs
  • Seattle Municipal Code Ch. 23.55.015 - Sign Kiosks and Community Bulletin Boards
  • Woodinville Municipal Code Sec. 21.20.070 - Community Bulletin Board Signs

Digital Signs

With the proliferation of digital billboards, video displays, and flashing signs, the regulation of electronic signs has become a major issue for local governments. The relationship between digital billboards and driver distraction is a key concern.

Articles

Ordinance Provisions

  • Bonney Lake Municipal Code Sec. 15.28.115 - Animated Signs
  • Kirkland Zoning Code Sec. 100.110 - Illumination Limitations on Electrical Signs
  • Oak Harbor Ordinance No. 1553 - Readopts and amends sign code to allow electronic message center signs in certain districts, passed 05/06/2009
  • Seattle Municipal Code Sec. 23.55.005 - Video Display Methods

Political Campaign Signs

Campaign signs are protected under the U.S. and Washington State Constitutions. Local government regulatory authority over political signs varies depending whether the sign is placed on private or public property.

General Information

Ordinance Provisions

Portable Signs

Specific sign regulations addresses portable, hand-held, and sandwich board signs. These signs are also known as "human signs."

  • Auburn Municipal Code Sec. 18.56.020 - Definitions (Z) (“Portable sign” means any sign made of any material, including paper, cardboard, wood or metal, which is capable of being moved easily and is not permanently affixed to the ground, structure or building. This also includes sidewalk or sandwich board signs, except those worn by a person.)
  • Bellevue Municipal Code Sec. 22B.10.130 - Exempt signs or displays (L) Sandwich-board signs worn by a person while walking the public ways of the city
  • Chelan County PUD Parks and Recreation - Sandwich Boards and Temporary Signs Policy
  • Edmonds Municipal Code Sec. 20.60.080 - Temporary signs - See definition of portable sign, Sec. 20.60.005
  • Everett Zoning Code Sec. 36.140 - Portable Signs
  • Maple Valley Municipal Code Sec. 18.50.010(E) and (F) - Portable Signs
  • Mukilteo Municipal Code Sec. 17.80.050(H)- Prohibited Signs - Human Signs in Right-of-Way
  • Redmond Zoning Code Ch. 21.44 - Signs - See Sec. 21.44.010(H) - Permitted Temporary Portable and Temporary Freestanding Signs
  • Sumner Municipal Code Sec. 18.44.120 - Sandwich board/sidewalk signs

Temporary Signs

Additional References

Organizations

  • Scenic America - Billboards and Sign Control - National organization whose mission is to safeguard the scenic qualities of America’s roadways, countryside, and communities
  • Signage Foundation, Inc. - Organization dedicated to fulfilling the educational, research and philanthropic purposes of on-premise signage
  • Signlaw.com - An informational site on the American law of signs, billboards, outdoor advertising, and related topics, by Randal R. Morrison

Publications

  • A Framework for On-Premise Sign Regulations, Signage Foundation, Inc., 03/2009 - A model sign code by Alan Weinstein and David Hartt
  • Context-Sensitive Signage Design - Summary and description of publication Context-Sensitive Signage Design, by Morris, Hinshaw, Mace, and Weinstein, PAS Report, American Planning Association, 2002 (Available through MRSC Library Loan) - Older but still useful
  • Municipal Control of Signs, by James A. Coon, Local Government Technical Series, New York State Department of State, Division of Local Government Services, 2011
  • Wise Sign Controls, by Daniel R. Mandelker, Zoning Practice, Issue No. 3, March 2009 (Available through MRSC Library Loan)

Need more information?

Feel free to Ask MRSC. Washington cities, counties, and our contract partners can call or email MRSC for more information and advice - free of charge.