Amador County – The Sutter Creek City Council voted 4-0 with one abstention Monday to give acting City Manager Sean Rabe the power to enforce or not enforce the city’s sign ordinance, after complaints that the Sutter Creek Police Department removed political signs from downtown sidewalks last week.

All of the signs removed promoted Councilwoman Linda Rianda’s reelection, and were removed from planter boxes on Main Street, which led Rianda to abstain from a vote on the issue.

One woman during public comment asked how a complaint by Bart Weatherly, also a candidate in the Sutter Creek City Council race, could lead to such quick action to remove the signs. Rabe said he was absent and getting his wisdom teeth pulled when the complaint came in, saying Rianda’s signs were in the city right-of-way. The officer on duty asked city staff’s opinion, and determined a city right-of-way was not a proper place for the signs.

Rabe said he and City Attorney Derek Cole found First Amendment issues with the city sign ordinance, and asked the council to “direct staff to suspend enforcement of that ordinance.” The council agreed, also allowing for removal of signs for public safety reasons, and from all city property. The council gave the city manager sole power to remove signs.

Rianda asked for clarification on whether the sidewalks were city property, and said she did not intend to put her signs on city property. She asked that if the signs could be left in the planters if they don’t impede the right-of-way.

 Rabe said planters on Main Street are owned by property and business owners, not the city. He said building owners on Main also own the sidewalks, though the city has easements.

Cole said the only way the city can restrict signs is to outlaw all signs, or issue encroachment permits. He said the city sign ordinance limiting signs to 2- by 2-foot at residences “violates the First Amendment,” which guarantees freedom of speech.

Councilman Pat Crosby said they should follow Caltrans’ lead, regulating all signs with encroachment permits. He said he did not see a First Amendment issue.

Councilwoman Sandra Anderson said signs were not always placed by the candidate. And she disagreed with encroachment permitting, saying: “Let’s not do what Caltrans does.”

Planning Commissioner Robin Peters said the commission had the same conversation a week ago, and he urged the city council to bring the city sign ordinance “into the modern era.” He said the best idea would be to not enforce the ordinance until after the November 2^nd election, then readdress the issue without the pressure of politics.

Story by Jim Reece This email address is being protected from spambots. You need JavaScript enabled to view it.