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HomeMy WebLinkAbout2006-08-02_Applicability_of_HCC_Sign_Code_to_Political_Signs Lincoln S.T. Ashida Harry Kim n ��,Ii Corporation Counsel Mayor c• Gerald Takase ' -- Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 . Hilo, Hawaii 96720-4262 . (808)961-8251 . Fax(808)961-8622 August 2, 2006 Ms. Constance Kiriu County Clerk County of Hawai'i 25 Aupuni Street Hilo, Hawaii 96720 Dear Ms. Kiriu: Re: Applicability of HCC Chapter 3, "Sign Code," to Political Signs received your August 2, 2006 email inquiring whether the revised `Sign Code,' Hawai'i County Code Chapter 3, regulates political signs. Issue Whether a political sign is considered a `sign' as defined in the current Chapter 3 of the Hawai'i County Code? If yes, is a political sign considered a `temporary sign' and exempt from permitting? If no, are there applicable state or federal laws that apply? Short Answers 1. No, a political sign is not considered a sign as defined in Chapter 3, Section 3-3(a)(28)(C) of the Hawaii County Code. 2. Yes, the state law regulating outdoor advertising, Section 445-112(11) of the Hawai'i Revised Statutes, allows signs urging voters to vote for or against any person or issue. Discussion The County Sign Code Does Not Apply to Political Signs The revised Chapter 3 of the Hawaii County Code ("HCC"), Signs, was adopted on April 27, 2005 ("sign code"). The definition section of this chapter Hawaii County is an Equal Opportunity Employer and Provider 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.