Citing town code, a resident told the Town Board that Bethlehem has become littered with illegal political signs, and called on the town to remove the clusters of political signs.
Norman Morand, a member the town’s Republican committee, delivered a passionate, and at times confrontational, pitch to the town board at its Wednesday, Aug. 27, meeting, asking them to enforce the zoning code and prevent Bethlehem from looking like a honky tonk town.
Section 128-59 of the town code states, `No signs other than an official traffic sign shall be erected in the right-of-way of any public streets or highway.`
Morand asked the town take down the signs, but the board said such a move would be impossible to enforce on a townwide level.
When the board denied Morand’s plea for `immediate action,` even though members said they would consider reviewing the sign code section, he threatened to `put up a big sign on my front lawn, and I dare anyone to tell me to take it down, and we can go to court over that.`
Morand called on Supervisor Jack Cunningham to take the matter seriously.
`Jack, you do not own the town of Bethlehem. You are elected to uphold the laws of this town and not to carry out your personal desires,` Morand said. `If the Town Board wants the public to respect and obey the laws, the board has no alternative but to vote to enforce this law and have the political signs removed now.`
Cunningham said the town would take Morand’s comments for the record, but without a motion by a board member, no action could be taken that evening.
`The town cannot pick and choose when they decide to enforce the law,` Morand concluded, adding that the town brought Glenmont Alteri’s owner Harvey Quinn to court over the use of a banner of his business.
Town Attorney James Potter explained the town code to Morand.
`The zoning law restricts where you can put signs, the zoning law provides an exemption for political signs, except that political signs cannot be placed on town property or the town right-of-way,` Potter said. `I think the public has a significant misunderstanding about what constitutes the public right of way.
Town property actually goes 13 feet onto most people’s lawns.`
Potter said because of the town technically owns 13 feet past the road that it becomes a significant enforcement issue.
`The town is faced with a dilemma, if you were going to enforce that law to the strict letter of the law, then the highway department and our zoning enforcement people, and perhaps even our police would be spending their entire day removing signs.`
It also becomes a constitutional and First Amendment Rights issue, he said.
`That would also raise a significant issue about First Amendment Rights, I think citizens would be very upset and remove signs from what people consider to be their front lawns,` Potter said. `You would have significant issues about candidates, from either party, and it doesn’t matter which, claiming that we’ve been engaged in discriminatory enforcement.`
Potter said if there were 1,000 signs and the town could only get 999, a candidate would have a valid discrimination case against the town.
`The town does remove any signs from town parks and town property,` Potter said. `But in terms of removing them the right-of-way and town roads, that has just not been the practical thing to do.`
However, Morand was not appeased by Potter’s explanation.
`Mr. Potter what do the words mean? Do the words mean you can enforce it at your own leisure, your own discretion?` Morand asked. `The words are very, very straight forward. No signs.`
Morand demanded the town enforce the sign issue.
Councilman Kyle Kotary said this issue has come up in past, not just for signs but also for things like Halloween decorations and other residential appearance altering situations.
Kotary, who is helping to manage Democrat Tracey Brooks campaign for U.S.
Congress, said the town should look into amending the town’s code.
`If we have something that is something like this lawn sign ordinance that is unenforceable, maybe we fix the law, we change the law, specific to the right-of-way issue,` Kotary said. `So what I’d rather see is that perhaps we look at that law on your suggestion and amend it.`
Councilman Sam Messina also said the section of town code on signs should revisited by the board and that possible action could be taken.
Potter said a proposed zoning amendment would require a town board proposal and then a public hearing before the board could vote to amend or change a local law.“