HomeMy WebLinkAbout2649ORDINANCE NO. 2649
AN ORDINANCE of the City of
Washington, revising the section
sign ordinance that deals with
signs and amending Section 6 of
and PAMC 14.36.060.
Port Angeles,
of the downtown
the content of
Ordinance 2152
WHEREAS, on June 16, 1981, the City's downtown sign code,
Ordinance 2152, was adopted by the City Council; and
WHEREAS, since the downtown sign code's adoption, there
have been no complaints about the ordinance infringing on freedom
of speech until Haguewood's Restaurant raised the issue for the
first time on July 19, 1991, in Haguewood's lawsuit against the
City challenging the legality of the downtown sign code; and
WHEREAS, it has never been the intent of the downtown sign
code to infringe on first amendment rights by restricting non-
commercial speech, nor has the City ever administered or enforced
the downtown sign code to restrict the content of signs in the
Central Business District; and
WHEREAS, now that the freedom of speech issue has been
raised, it is in the public interest to amend the downtown sign
code to clarify and specify that the ordinance does not regulate
the content of non - commercial speech on signs in the Central
Business District; and
WHEREAS, since the constitutionality of the entire downtown
sign code is jeopardized by the first amendment challenge that was
so recently raised in the Haguewood's Restaurant lawsuit without
prior notice to the City, it is necessary for the protection of the
public health, safety and welfare for this remedial ordinance to
take effect immediately upon adoption;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Section 6 of Ordinance 2152 and PAMC 14.36.060
are hereby amended to read as follows:
Section 6 REQUIREMENTS APPLICABLE TO ALL NON - EXEMPT SIGNS.
(1) Sign Illumination. Illumination from or upon any sign shall
be shaded, shielded, directed or reduced as to avoid undue
brightness, glare or reflection of light on private or public
property in the surrounding area, and so as to avoid
unreasonably distracting pedestrians or motorists. "Undue
brightness" is illumination in excess of that which is
reasonably necessary to make the sign reasonably visible to
the average person on an adjacent street or recognized
pedestrian or marine route.
(2) Content. Content of commercial signs shall be limited to
identification of business, major enterprise, product or
service. A sign may utilize changeable copy; provided that
the copy is limited to identification of products sold and
services offered or contains a community service message; and
provided further that any sign authorized in this Ordinance
shall be allowed to contain non - commercial copy in lieu of
any other copy and that content of non - commercial signs shall
not be regulated or limited pursuant to this Ordinance or any
other Ordinance of the City of Port Angeles. nor shall any
such Ordinance be so construed.
Compliance with other Ordinances. Nothing in this Ordinance
shall be construed to modify or in any other manner alter the
requirement that any sign comply with all other Ordinances of
the City of Port Angeles as they may now exist or hereafter
be amended; except that content of non - commercial signs shall
not be regulated or limited by any such Ordinance. nor shall
any such Ordinance be so construed.
Section 2 - Effective Date. The City Council hereby
declares this to be a public emergency ordinance, which shall take
effect immediately upon adoption.
PASSED by the City Council of the City of Port Angeles at
(3)
-2-
a regular meeting of said Council held on the 20th day of August,
1991.
ATTEST:
AN i t AAR . L de! .1 -♦
Becky J. 4p o! City Clerk
APPROV D AS TO FORM:
Craig D. nutson, City Attorney
PUBLISHED: August 25, 1991
91.08
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