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TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br /> HEMORANDUM <br /> <br />Mayor and City Council <br /> <br />Michele McPherson, Director of Plannin§ <br /> <br />November 13, 2001 <br /> <br />Si§ns in the ri§hr-of-way <br /> <br />Item # 4.4. <br /> <br />Background <br /> <br />The City Council requested an opinion from the City Attorney regarding removing signs <br />located in the right-of-~vay. <br /> <br />Attachments <br /> <br />· July 23, 2001 memo from Charles Wilson to Peter Beck, City Attorney <br />· July 11, 2001 memo from Chief Zer~vas <br />· September 4, 2001 Sherburne County Board meeting minutes <br />· Case law regarding signage <br /> <br />Analysis <br /> <br />As stated in the memo from Charles Wilson to City Attorney Peter Beck, in order to <br />effectively eliminate signs placed in the right-of-~vay, the City will need to enforce the <br />ordinance across the board and not selectively remove signs based on content. Sign <br />regulations per case law must be consistendy applied regardless of the content of the <br />message. <br /> <br />The City's Ordinance Section 900.22.3.B.iv clearly prohibits signs located ~vithin the right-of- <br />way: <br /> <br />"Signs attached to trees, telephone poles, public benches, street lights, or placed on <br />any public property or public right of way." <br /> <br /> <br />