HomeMy WebLinkAboutREP PWC 294 04/25/1984 1980-1984 S
Report Of The
COMMITTEE ON PUBLIC WORKS
April 25 , 1984 Re : Comm. 621. 4
Chairman and Members •
Hawaii County Council
Hilo , Hawaii •
Your Committee on Public Works, to which was referred Bill No , 1064 ,
Draft 2 , entitled "A Bill For An .Ordinance Amending Chapter 3 ,
Article 1, Division 3 , Section 3-32, Hawaii County Code 1983 ,
Relating To Exempt Signs" , reports as follows:
The purpose of this bill is to amend the existing County sign
ordinance dealing with political signs so as to eliminate the
discriminatory regulation of political signs with respect to
durational time limit and size.
Your committee has been advised by the Corporation Counsel ' s Office
that while government may impose certain restrictions on
non-commercial speech (ideological messages, political campaign
signs, etc. ) , government may not impose greater restrictions on
non-commercial speech than on commercial speech (commercial
advertising and messages, etc. ) .
In this context, the absence of durational time limits for most
classes of exempt commercial signs as compared with the treatment of
non-commercial political signs is impermissible under the equal
protection clause of our Fourteenth Amendment. Further , we have been
advised that durational time limits -with respect to political signs ,
unduly restrict and burden the exercise of First Amendment rights
when balanced against the government' s police powers to regulate land
uses.
Finally, we have been advised by the Corporation Counsel ' s Office
that the existing regulatory scheme with respect to size also
discriminates against political signs. In this instance , our code
allows exempt "announcing signs" and "subdivision signs" of
thirty-two square feet, "real estate signs" of eight square feet and
signs' •"announcing a billing or an act"of one hundred square feet, yet
"political campaign signs" are limited to one square foot. Clearly,
ReportNo. 294
FILED:
1984
",
111 i
PWC-294 Page 2 April 25, 1984
under the equal protection principles of the Fourteenth Amendment,
non-commercial speech should be treated as favorably as is commercial
speech. In addition, the limitation of size to one square feet may
also cause First Amendment problems as it may be considered as a
deterrent against free speech.
Your committee is in agreement that it is necessary to amend our
County Code because of the aforedescribed Constitutional problems .
Initially, your committee amended Bill 1064 ,by restricting political
and ideological signs to one hundred square feet affording treatment
with respect to size equal to the most permissive application of the
code.
Your committee, upon further consideration, finds that a one hundred
square foot sign for political purposes is in fact too large and not
in keeping with the intent and concept of our sign ordinance .
Accordingly, the committee has amended Bill 1064 establishing
thirty-two square feet as a maximum standard. In doing so, the
committee recognizes that signs "announcing a billing or an act "
hereafter shall be limited to thirty-two square feet.
Your Committee on Public Works is in accord with the intent and
purpose of Bill 1064, Draft 3, and recommends that it pass first
reading.
ME` E K. LAI, CH.A: 'WOMAN
j bi ,
40,40A/Jr2,
WILLIAM S. KA- HARA, BICE CHR. FRANK DE LUZ III, MEMBER
„..1 . N • ; -.----7 --,....---e_ '
TAKASHI DOMINGO, ME , : R HELENE H. HALE, MEMBE
LA/GM