Members of Bethlehem’s Department of Economic Development and Planning have agreed to draft new language regarding temporary signs on private property to add clarity to the existing law.
At the Town Board meeting on Wednesday, Feb. 8, Economic Development and Planning Director Michael Morelli said the new language would include specific dimensions for signs and the duration they can be displayed. The board did not discuss whether any language changes would be made to current zoning laws concerning signs placed on town property.
According to current zoning law, “no signs can be placed in the town right-of-way,” even on county and state roads within the town. “Political signs and similar signs” can be placed on private property.
Some deemed the language too vague, which resulted in the proposed clarification for signs on private property.
“We really can’t allow for much discretion on the part of the building inspector in terms of deciding on his own sort of subjectively which signs are OK and which aren’t,” said Councilman Jeffrey Kuhn, explaining the town cannot constitutionally discriminate between signs based on content. “We really have to have objective criteria.”
Regarding temporary not-for-profit signs on town property, Kuhn argued that if they were allowed, every type of sign would need to be allowed – including those of a political nature.
“There’s really no way for us to give these non-profit signs greater rights than really any other kind of sign,” he said.
The issue was first discussed at a Dec. 14 meeting when the latest packet of amendments to the Bethlehem’s Zoning Law and Subdivision Regulations did not include verbiage on temporary signs. Members of some not-for-profit groups were concerned signs they believed to be permissible were being taken down.
Councilman Kyle Kotary noted at Wednesday’s meeting some residents will still react when they see signs in certain areas, questioning if signs are allowed on state and county roads. However, the zoning law applies to all property in the town, even state- and county-owned property.
“With regard to signs, our zoning law does apply to Route 32,” said Town Attorney James Potter. “Every election season we see a proliferation of signs and now that’s an enforcement issue.”
Existing law rarely enforced
Morelli said to his knowledge no one has ever been brought to court over temporary signs. Most often, the organization putting up the signs is called to take them down or the town removes them and calls someone to come pick them up. A judge could impose a fine, but Morelli said it would be a rare occurrence.
Signs that are allowed on town property include those for events put on by the town, according to Potter and Kuhn. Potter added he was unsure if signs could be posted on town property for events happening at that particular location, like the town park. He believed those would still be illegal and said he would look into the matter.
Some were not entirely satisfied with the direction the town is taking.
Kim Lawler, co-chairwoman of the Hamagrael Elementary PTA, said signs on private property are not the issue.
“There are people coming into the town that you want to see those signs (for fundraising events). That’s the money you’re looking for because you can only go to the well so many times,” she said. “Yes, it’s about supporting our own community, but we’re trying to get that outside traffic to help support our community even more with all of these budget cuts.”
Marcy Corniel of the Bethlehem Garden Club said she hopes some type of compromise can be found.
If the language of the law is changed, those holding fundraising events or community activities could ask residents or business owners to places their signs on the private property of others to help gain the attention of people coming into the town.
“We’re trying to find a way to make a law that’s constitutionally valid and also enforceable,” Kuhn said. “We’re still in process to see if we will change the zoning code to be fully compliant with the first amendment, but for not-for-profits to get the word out about their events. We have to be cognizant of everyone’s rights. Also, vehicle and traffic law issues we need to consider.”
Supervisor John Clarkson said the issue is legally and constitutionally tricky and board members will look into, it but there is a limit to what the town can do. Regarding political signs throughout town, he is willing to do without them.
“I think we should definitely enforce all of our laws. Personally, I would like to see political signs restricted. I don’t think the public discourse is served by a profusion of signs,” he said.
Once the language is amended, the Town Board would need to review the wording and a public hearing would be set before the board could pass the changes into law.
