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non - permitted signs are <br />removed. <br />113 -6 (8): Any signage placed in the right -of -way will be immediately removed by the city. Any damage <br />occurring to the sign during the removal process will not result in a reimbursement as the sign was placed <br />on public property. <br />113 -14 (f) (1): Garage sale signs shall not require a permit, and may be placed off - premises from the actual <br />garage sale site. Garage sale signs shall be posted no more than two calendar days prior to the sale, and <br />must be removed within 24 hours after the conclusion of the sale. Garage sale signs shall be limited to <br />four square feet in size and shall contain the address of the property owner. <br />Information was also requested from Ramsey and Otsego but has not yet been received. <br />In accordance with § 30 -859 of the Elk River Code of Ordinances, "signs attached to trees, utility poles, <br />public benches, or streetlights, or places on any public property or public right -of -way" is prohibited. <br />The city does actively enforce this provision of the city code primarily through a complaint- driven <br />process. MnDOT also actively enforces the prohibition of signage placed within the ROW of state <br />highways. <br />Regulation of Content <br />In previous meetings of the Council, the question has been posed as to what options exist for allowing <br />private (i.e. garage /rummage sale signs) in the ROW while still prohibiting other types of signage, <br />specifically those commercial in nature. The city attorney has consistently advised that signs cannot be <br />regulated based on content, which is also reaffirmed by the League of Minnesota Cities (LMC). In <br />summary, any changes to the ordinance should apply equally and fairly to all types of signage regardless of <br />the message. Note that reasonable restrictions based on such things as traffic safety and aesthetics (for <br />example, restrictions on location, size, number, etc.) can be defended. <br />Staff and the city attorney are aware that some cities do treat and enforce garage sales differently than <br />other commercial signs. This is not an advisable practice as it could put the city in a costly legal <br />predicament. <br />Financial Impact <br />None <br />Attachments <br />• September 2, 2014, City Council Request for Action <br />• LMC Information Memo, "Sign Ordinances and the First Amendment" <br />