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Subjects › Planning › Sign Control
Updated 09/2011

Sign Control

Contents

Introduction to Sign Control

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.

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. In 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.

In the other case, 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 city had applied its sign ordinance against a 8 by 11 inch sign protesting the Gulf War that was placed in a second story window of a private residence. 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. But, in 1995, the Court refused to hear and thus let stand a Minnesota Court of Appeals decision upholding an ordinance that allowed only one noncommercial opinion sign per residence. Brayton v. City of New Brighton, 512 NW 2d 243 (Minn. App. 1994), cert. denied, 131 L. Ed 2d 289 (1995). The New Brighton ordinance did allow, during election time, more than one campaign or opinion sign, provided that no more than one sign appeared per candidate or issue. However, in light of the Collier case, it is unlikely that our state supreme court would uphold, under the state constitution, an ordinance like that upheld in Brayton.

This page presents general information and examples from Washington cities and counties. Because of the constitutional issues involved in sign regulation, we strongly recommend that your city attorney review any proposed sign ordinance.

Comprehensive Sign Control Provisions

Advertising 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
    • Ferndale Municipal Code  Sec. 8.08.050  - Placing Vehicles, Boats and Trailers on Property for Sale
    • 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. 18.64.030(H) - Prohibited Signs 
  • Seattle Municipal code Sec. 23.55.003 (3) - Signs prohibited in all zones

Animated Signs and Video Display

Discussion

  • Research Review of Potential Safety Effects of Electronic Billboards On Driver Attention and Distraction, Final Report- Federal Highway Administration, September 2001
  • Ch. 468-66 WAC - See provisions relating to electronic signs, particularly WAC 468-66-030(12)
  • The Debate over Digital Billboards: Can New Technology Inform Drivers Without Distracting Them?
    by Michelle S. Birdsall, ITE Journal, April 2008 (Available through  MRSC Library Loan )
  • Digital  - Legislative and Regulatory, Outdoor Advertising Association of America  - Contains materials that explain digital billboard technology, how it helps communities, and research about traffic safety
  • Practice Smart Sign Codes - Looking Ahead: Regulating Digital Signs and Billboards, by Marya Morris, Zoning Practice, April 2008 (Available through MRSC Library Loan)

Ordinance Provisions

  • Bonney Lake Ordinance No. 1285 (Adobe Acrobat Document) - Amendments to electronic sign provisions, 2008
  • Kirkland Zoning Code Sec. 100.110 - Illumination Limitations on Electrical Signs
  • Oak Harbor Ordinance No. 1553 (Adobe Acrobat Document) – Readopts and amends sign code to allow electronic message center signs in certain districts
  • Seattle Municipal Code Ch. 23.55.005 - Video Display Methods

Community Service Signs

  • Edmonds Municipal Code Sec. 21.90.011 - Definitions - Service Club
  • Port Townsend Municipal Code  Sec. 17.76.060 - Special Category Signs - Includes provisions for community announcement,  and community event signs
  • University Place Policies and Procedures (Adobe Acrobat Document) - Service Club Signs, 2/07/06
  • Yelm Ordinance No. 881 (Adobe Acrobat Document) - Amends provisions for community signs and directional signs, passed 8/28/07

Information Sign Kiosks and Community Bulletin Boards

Murals

Political Campaign Signs

Discussion

Ordinance Provisions

Portable Signs

Portable Signs Worn by Humans

Note that regulating portable signs worn by humans may have constitutional issues. It is recommended that you consult with legal council before issuing citations unless your ordinance has been specifically tailored to address these issues.

Human Sign Related Court Cases

  • 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 a 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.

Human Sign Ordinance Provisions

  • Auburn Municipal Code Sec. 18.56.020  - Definitions - (V.) (“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;
  • Maple Vally Municipal Code Sec. 18.50.010 (E)(7) - Human Signs
  • Mukilteo Municipal Code Sec. 17.80.050(H) - Prohibited Signs - Human Signs in Right-of-Way

Temporary Signs

Wayfinding Signs

Discussion

Wayfinding Programs 

Additional References

Organizations

Related Publications

  • A Framework for On-Premise Sign Regulations - Signage Foundation, Inc - 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 & Weinstein, PAS Report, American Planning Association, 2002 (Available through MRSC Library Loan)
  • The debate over digital billboards: can new technology inform drivers without distracting them?, by Michelle S. Birdsall, ITE Journal, April 2008 (Available through MRSC Library Loan)
  • The Economic Context of On-Premise Business Signs and How to Establish Value in the Marketplace - The Signage Foundation for Communication Excellence
  • Municipal Control of Signs, by James A. Coon, Local Government Technical Series, New York State Department of State, Division of Local Government Services, 2006
  • Signage for Your Business (Adobe Acrobat Document) - Electronic messaging -  Small Business Administration and Signage Foundation for Communication Excellence, 2003.
  • Sign Regulation for Small and Midsize Communities, by Eric Damian Kelly and Gary J. Raso, PAS Report No. 419, American Planning Association, 1989 - See pages 17-24 for a general discussion of federal constitutional issues involved in a city's regulation of signs (Available through MRSC Library Loan)
  • Updating Sign Ordinances, MIS Report, Volume 23, No. 2, ICMA, February 1991 (Available through MRSC Library Loan)
  • Wise Sign Controls, by Daniel R. Mandelker, Zoning Practice, Issue No. 3, March 2009 (Available through MRSC Library Loan)