2006-08-02_Applicability_of_HCC_Sign_Code_to_Political_Signs

Home

states that if a sign is allowed by state law, then the county sign code does not cover it. Section 3-3(a)(28(C ) of the sign code provides: "Signs" as used in this chapter is not meant to include or prohibit... ... signage that is constitutionally protected or otherwise permitted by state or federal law. The applicable state law which regulates outdoor advertising, Section 445- 112 (11) of the Hawaii Revised Statutes ("HRS"), allows "signs urging voters to vote for or against any person or issue." Therefore, because state law allows political signs, the definition of "Signs" as set forth in the current sign code does not regulate nor prohibit political signs. Violations Although the sign code does not apply to political signs, any sign that endangers the health or safety of the public (i.e. blocking the sight distance of a driver), whether it be a political or other sign, may be a violation of other county code provisions, and can be reported to the Department of Public Works for investigation. Prior Corporation Counsel Opinions This current opinion supercedes Corporation Counsel Opinion No. 96-03 regarding the `Election Sign Ordinance' (HCC Chapter 3, Signs), and the related opinion of Deputy Corporation Counsel Frederick Giannini dated July 21, 1988. Both of those former opinions, which concluded the political sign provision in the then-sign code are an infringement on the right of free expression and therefore unenforceable, no longer apply because the political sign provision does not exist in the current sign code. Conclusion The current sign code, HCC Chapter 3, does not apply nor regulate political signs.