Oppenheimer v. Madeira Complaint and Exhibit

Case: 1:19-cv-00770-MRB-SKB Doc #: 1 Filed: 09/12/19 Page: 1 of 18 PAGEID #: 1
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO
:
DOUG OPPENHEIMER Case No. 1:19-CV-770
:
aka PHILIP DOUGLAS OPPENHEIMER,
: Judge ______________
:
Plaintiff,
:
:
v.
: VERIFIED COMPLAINT
:
CITY OF MADEIRA, OHIO,
:
:
Defendants.
:
DOUG OPPENHEIMER aka PHILIP DOUGLAS OPPENHEIMER for his Complaint
hereby alleges as follows:
PARTIES
1. This is an action for declaratory judgment, injunctive relief, and damages arising from
the unconstitutional regulation of the display of signs displaying a political message within the
CITY OF MADEIRA.
2. The City’s draconian sign regulations stifle and impose an undue burden upon the core
political speech of DOUG OPPENHEIMER by, inter alia, restricting and unconstitutionally
limiting the size and number of signs that a resident or taxpayer of the CITY OF MADEIRA may
display on his or her property.
3. Despite the recent affirmation by the United States Supreme Court that “First
Amendment freedoms need breathing space to survive,” Citizens United v. Federal Election
Commission, 558 U.S. 310 (2010), the effect and impact of the sign regulations of the CITY OF
MADEIRA is to restrict the free speech rights of DOUG OPPENHEIMER, and others similarly
situated, in violation of the First Amendment and Fourteenth Amendments to the United States
Constitution, and Article I, Section 11 of the Ohio Constitution.
4. Recently, officials with the CITY OF MADEIRA notified DOUG OPPENHEIMER
that his display of two yard signs at his residence violated the zoning regulations of the CITY OF
MADEIRA and, in particular, a zoning restriction on the size of permissible political signs and the
number of permissible political signs, and that, unless such signs were immediately removed,
DOUG OPPENHEIMER would be cited and prosecuted for violating the zoning regulations.
5. In light of the direct and unequivocal threat that, unless the two yard signs at his
residence supposedly in violation of the zoning regulations were removed, then DOUG
OPPENHEIMER would be cited and prosecuted for the alleged violation of the zoning regulations
concerning the maximum size of political signs and the permissible number of political signs,
DOUG OPPENHEIMER faces the real and imminent threat of prosecution if the signs were not
removed.
6. In order to avoid the costs and inconvenience of defending against an alleged violation
of the zoning regulations concerning the placement of political signs, as well as in light of the
direct and unequivocal threat to DOUG OPPENHEIMER to remove the two yards signs less he
face being cited and prosecuted, DOUG OPPENHEIMER forewent the full and robust exercise of
his First Amendment rights by removing the two yard signs less he face such prosecution,
notwithstanding the fact that DOUG OPPENHEIMER desires to continue to exercise his First
Amendment rights through the posting of the subject signs and additional other signs.
7. Thus, DOUG OPPENHEIMER has been forced or compelled to censor his speech by
removing the two signs at his residence in order to comply with the sign regulations of the CITY
OF MADEIRA and not posting additional other signs.
8. Accordingly, DOUG OPPENHEIMER challenges the sign regulations of the CITY OF
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MADEIRA, both facially and as applied to him, because the regulations violate the First
Amendment to the United States Constitution (made applicable to the CITY OF MADEIRA by
the Fourteenth Amendment to the United States Constitution).
9. Action by this Court, including preliminarily and permanently enjoining the offending
sign regulations of the CITY OF MADEIRA will ensure that speech on public issues in the CITY
OF MADEIRA continues to occupy the highest rung of First Amendment protection.
JURISDICTION & VENUE
10. Court has jurisdiction pursuant to 28 U.S.C. § 1331.
11. Venue is proper in this court pursuant to 28 U.S.C. § 1391(b), as the Defendant resides
within this District, the Defendant transacts business within this District and the conduct
complained of occurred within this District.
PARTIES
12. Plaintiff DOUG OPPENHEIMER, who is also known as PHILIP DOUGLAS
OPPENHEIMER, is a citizen of the State of Ohio and is a resident within this District.
13. Defendant CITY OF MADEIRA is a municipal corporation under the laws of the State
of Ohio and, pursuant to Ohio Rev. Code § 715.01, may sue and be sued. The CITY OF
MADEIRA is located within this District.
14. All actions taken the CITY OF MADEIRA were undertaken under color and authority
of state law, and were undertaken as a result of a policy statement, ordinance, regulation or decision
officially adopted or promulgated by the CITY OF MADEIRA.
STATEMENT OF FACTS
The City’s Sign Regulations
15. The CITY OF MADEIRA regulates the posting of signs within its geographic
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jurisdiction in accordance with Chapter 159 of the Codified Ordinances of the City of Madeira (the
“Sign Regulations”).
16. The Sign Regulations comprehensively regulate all signs within the CITY OF
MADEIRA.
17. A true and accurate copy of the Sign Regulations, as published on the website of the
CITY OF MADEIRA, is attached hereto as Exhibit A.
18. Section 159.03 of the Codified Ordinances of the City of Madeira defines a “sign” as:
Any writing, word, number, pictorial, illustration, decoration, emblem, symbol,

trademark, flag, banner, pennant insignia, flashing light, beacon or other device
which is placed in a manner that the communication, announcement, message,
attraction, advertisement or promotion inherent to the device is visible or appears
to be intended to be visible to persons on adjoining property or nearby public
rights-of-way.
19. Section 159.03 of the Codified Ordinances of the City of Madeira defines a “temporary
sign” as:
(1) A sign which has either or both of the following characteristics:

(a) The primary purpose of the sign will be completed by the occurrence of
an event which is likely to take place within a period of a few days to a few
months such as an election or sale of real estate; and/or
(b) The material of which the sign is made or the manner in which the sign
is affixed to the ground or a structure are of such nature as not to be suitable
for permanent display because exposure to the elements will unreasonably
deface the message, discolor or tear the material or loosen the methods by
which such a sign is anchored.
(2) Examples of TEMPORARY SIGNS include but are not limited to political
signs, “For Sale” signs, garage sale signs, sale signs and some project signs.
20. Section 159.03 of the Codified Ordinances of the City of Madeira specifically defines
a “political sign” as:
A sign indicating support or disapproval of a public issue or political candidate.
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21. Section 159.19 of the Codified Ordinances of the City of Madeira further clarifies and
regulates the posting of “temporary signs”. Specifically, Section 159.19 of the Codified
Ordinances of the City of Madeira provides that temporary signs “may only display one of the
following messages”: (i) political messages; (ii) real estate message; (iii) garage sale signs; (iv)
commercial messages; (v) charitable messages; (vi) personal messages; and (vii) project messages.
22. Within Section 159.19 of the Codified Ordinances of the City of Madeira, a “political
message” in the context of a temporary sign is defined as involving “signs with a message
endorsing candidates for public office (local, state or federal), endorsement of political issues
(whether on a ballot or not) and such other messages as set forth a statement regarding a public
issue”.
23. Section 159.20 of the Codified Ordinances of the City of Madeira specifically regulates
the placement of temporary signs on private property in a residential district within the CITY OF
MADEIRA.
Sections 159.20 and 159.26 of the Codified Ordinances of the CITY OF MADEIRA:
Regulation of the Size of Political Signs
24. Section 159.20 of the Codified Ordinances of the City of Madeira regulates and restricts
the size of political signs placed on private property in a residential district within the CITY OF
MADEIRA.
25. Section 159.20(A) of the Codified Ordinances of the City of Madeira provides (with
emphasis added) that, with respect to the placement of temporary signs on private property in a
residential district within the CITY OF MADEIRA:
No temporary sign shall be larger than six square feet in area except as provided
in division (G)(4) below.
26. Within Section 159.20(G) of the Codified Ordinances of the City of Madeira, certain
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exceptions are set forth to the size restriction on temporary signs in a residential district within the
CITY OF MADEIRA:
displays a message concerning or related to an event shall be removed no later

than five days, or such lesser period if specified below, after the event has
occurred and the message, therefore, no longer serves its intended purpose.
These event oriented signs shall include but not be limited to the following
examples:…
(4) Signs which announce charitable, institutional or civic events such as church
bazaars, charitable fund raising events and similar announcements shall not
exceed 50 square feet in area nor be more than eight feet high and must be
removed within 24 hours of the conclusion of the event.
27. Thus, pursuant to Section 159.20 of the Codified Ordinances of the City of Madeira,
with respect to temporary signs on private property in a residential district within the CITY OF
MADEIRA, political signs are restricted to being six square feet in area while signs announcing
charitable, institutional or civic events may be up to 50 square feet in area.
28. In addition to regulating political signs in a residential district within the CITY OF
MADEIRA through Section 159.20 of the Codified Ordinances of the City of Madeira, the CITY
OF MADEIRA also imposes regulations and restrictions on political signs through Section 159.26
of the Codified Ordinances of the City of Madeira.
29. Section 159.26(B) of the Codified Ordinances of the City of Madeira introduces and
defines the phrase “free speech message” as meaning:
any message that is not intended to convey a commercial message. Free speech
messages include but are not limited to religious, political, economic, social and
philosophical messages.
30. Thus, whether a sign communicates a free speech message is based upon the content
of the sign.
31. Section 159.26(B) of the Codified Ordinances of the City of Madeira also introduces
and define the phrase “commercial message” as meaning:
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any message intended to call attention to a business or promote the sale of any
goods or services.
32. Similar to the size restriction contained in Section 159.20(A) of the Codified
Ordinances of the City of Madeira, Section 159.26(D) of the Codified Ordinances of the City of
Madeira similarly restricts the size of political signs within the CITY OF MADEIRA:
Each side of the sign [containing a free speech message] shall not exceed six
square feet in area.
33. Thus, the Sign Regulations limit the size of all political signs within the CITY OF
MADEIRA to six square feet in area but signs announcing a charitable, institutional or civic event
may be up to 50 square feet in area within a residential district within the CITY OF MADEIRA.
34. In summary, the size of yards signs permitted on private property in a residential district
within the CITY OF MADERIA is dependent upon the content of the message on the sign.
Sections 159.20 and 159.26 of the Codified Ordinances of the CITY OF MADEIRA:
Regulation of the Number of Political Signs
35. In addition to regulating the size of political signs placed on private property in a
residential district within the CITY OF MADEIRA, Section 159.20 of the Codified Ordinances of
the City of Madeira also regulates and restricts the number of political signs placed on private
property in a residential district within the CITY OF MADEIRA.
36. Section 159.20(C) of the Codified Ordinances of the City of Madeira provides that,
with respect to the placement of temporary signs on private property in a residential district within
the CITY OF MADEIRA:
No more than one temporary sign per lot may be displayed at any one time,
except for the following:
(1) One temporary sign for each street on which a lot fronts shall be permitted.
Thus corner lots and through lots may have more than one sign displayed; and
(2) One single or double sided political sign per individual candidate and
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individual issue shall be permitted, except as to corner lots or through lots on

which there may be placed one such sign facing or adjacent to each street
abutting said lot.
37. Similar to the restriction on the number of signs contained in Section 159.20(C) of the
Codified Ordinances of the City of Madeira, Section 159.26(D)(1) of the Codified Ordinances of
the City of Madeira similarly restricts the number of political signs within the CITY OF
MADEIRA:
Every parcel in all zoning districts shall be permitted to display one two-sided
or one one-sided sign containing any free speech message.
38. Section 159.26(D)(2) of the Codified Ordinances of the City of Madeira then expands
the number of permissible signs containing free speech messages, but specifically ties the
permissible additional number of signs to the content of the additional sign:
At any time that the County Board of Elections has identified a candidate or issue
that will be placed on the ballot at the next general or special election, one
additional sign may be erected for each candidate or issue that the occupant
wishes to support or oppose. Such political signs shall still be subject to the
dimensional regulations set forth in division (D)(1) of this section.
39. Thus, pursuant to Section 159.26(D)(2) of the Codified Ordinances of the City of
Madeira, more than one additional sign containing a free speech message is allowed in a residential
district within the CITY OF MADEIRA but only if such additional sign expresses support or
opposition to a candidate or issued identified by the Hamilton County Board of Elections for
placement on the ballot; otherwise, only one sign containing a free speech message is permitted in
a residential district within the CITY OF MADEIRA.
40. In summary, the number of yards signs permitted on private property in a residential
district within the CITY OF MADEIRA is dependent upon the content of the message on the sign.
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The CITY OF MADEIRA threatens and violates the robust exercise First Amendment rights
41. DOUG OPPENHEIMER has been a resident in the CITY OF MADEIRA since 1970.
42. DOUG OPPENHEIMER has been involved in the community in the CITY OF
MADEIRA.
43. For several years, DOUG OPPENHEIMER has been a governmental watchdog over
his local government in the CITY OF MADEIRA.
44. For several years, DOUG OPPENHEIMER has been highly critical of the current
administration in the CITY OF MADEIRA.
45. Thus, in order to express and publicize his criticism of the Madeira City Council,
DOUG OPPENHEIMER recently posted in the yard at his residence in the CITY OF MADEIRA
a sign calling upon the removal of the “Clowns on City Council”:
46. Additionally, in light of the forthcoming general election to be held on November 5,
2019, wherein elections for seats on the Madeira City Council will be on the ballot, DOUG
OPPENHEIMER posted in the yard at his residence in the CITY OF MADEIRA a sign calling for
the election of the “Rerformers” to the City Council (adding an extra “r” to “Reformers” so as to
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promote additional discussion about the sign):
47. Each of the foregoing signs which DOUG OPPENHEIMER posted in the yard at his
residence in the CITY OF MADEIRA were sixteen square feet in area.
48. DOUG OPPENHEIMER posted both signs side-by-side in the yard at his residence
within the CITY OF MADEIRA:
49. Because both signs did not “announce charitable, institutional or civic events such as
church bazaars, charitable fund raising events and similar announcements”, both signs violated
Section 159.20(A) and Section 159.26(D) of the Codified Ordinances of the City of Madeira.
50. Had both signs “announce[d] charitable, institutional or civic events such as church
bazaars, charitable fund raising events and similar announcements”, then both signs would have
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been permitted pursuant to Section 159.20(G)(4) of the Codified Ordinances of the City of
Madeira.
51. Because DOUG OPPENHEIMER posted more than one sign in the yard at his
residence in the CITY OF MADEIRA and neither sign supported or opposed a specific candidate
identified by the Hamilton County Board of Elections for placement on the ballot at the
forthcoming general election, the presence of a second sign violated Section 159.20(D) and Section
159.26(D)(1) of the Codified Ordinances of the City of Madeira.
52. Lacking a full-time zoning staff, the CITY OF MADEIRA regularly utilizes officers
with the Madeira Police Department to undertake actions to enforce the Zoning Code, including
the Sign Regulations. Such actions undertaken by officers with the Madeira Police Department
may include notifying residents of violations of the Zoning Code and serving notices to residents.
53. Upon posting the two foregoing signs in his yard at his residence within the CITY OF
MADEIRA, DOUG OPPENHEIMER was contacted by the Madeira Police Chief on September
9, 2019, apprizing him that the two signs in his yard were violating the Sign Regulations and
needed to be taken down.
54. In response to the indication from the Madeira Police Chief that the two signs in his
yard were violating the Sign Regulations and needed to be taken down, DOUG OPPENHEIMER
inquired of the specific provisions of the Sign Regulations which were supposedly being violated.
In response, the Madeira Police Chief indicated something would be delivered to DOUG
OPPENHEIMER later that day.
55. The foregoing conduct and statements of the Madeira Police Chief was part of and in
furtherance of the policy, practice and custom of the CITY OF MADEIRA.
56. Later that same day, i.e., September 9, 2019, a police officer with the Madeira Police
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Department delivered to DOUG OPPENHEIMER at his residence a copy of Section 159.26 and
Section 159.99 of the Codified Ordinances of the City of Madeira and, in so doing, indicated that
the two signs needed to be taken down by the morning otherwise DOUG OPPENHEIMER would
be cited for violating the Sign Regulations.
57. The foregoing conduct and statements of the police officer with the Madeira Police
Department was part of and in furtherance of the policy, practice and custom of the CITY OF
MADEIRA as established by a policy statement, ordinance, regulation or decision officially
adopted or promulgated by the CITY OF MADEIRA.
58. In response to the immediate and threatened enforcement of the Sign Regulations
against him, DOUG OPPENHEIMER removed the two signs posted at his residence less he be
subjected to the time, inconvenience and potential penalties associated with violating the Sign
Regulations.
59. DOUG OPPENHEIMER desires to post the two signs in the yard at his residence that
he had posted but removed upon then threat of being cited for violation of the Sign Regulations
60. DOUG OPPENHEIMER also desires to post additional signs in yard concerning
political matters, including supporting or opposing specific candidates for Madeira City Council,
and to post more than one such sign in support or opposition to such candidates but has not done
so in light of the prohibitions in the Sign Regulations, the threatened enforcement of the Sign
Regulations against him, including enforcement of the limitation on the number of political signs
or signs with free speech messages.
FIRST CAUSE OF ACTION

(Declaratory Judgment / Injunctive Relief, 28 U.S.C. § 2201 et seq.)
61. Plaintiff incorporates by reference all of the foregoing paragraphs as if fully restated
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herein.
62. Through, inter alia, the imposition of a limitation in residential districts of 6 square feet
on signs with a political message, Section 159.20 of the Codified Ordinances of the City of Madeira
imposes a significant and unconstitutional burden upon DOUG OPPENHEIMER, as well as upon
those wishing to post signs with electoral or political messages in a residential district in the CITY
OF MADEIRA
63. Through, inter alia, the imposition of a limitation in residential districts of 6 square feet
on signs with a political message, Section 159.26 of the Codified Ordinances of the City of Madeira
imposes a significant and unconstitutional burden upon DOUG OPPENHEIMER, as well as upon
those wishing to post signs with electoral or political messages in residential districts in the CITY
OF MADEIRA.
64. For example, the message which DOUG OPPENHEIMER desires to disseminate
through the posting of the two signs in his yard is effectively lost if such speech was constrained
and limited to being posted on a sign with an area of only 6 square feet.
65. Through, inter alia, the imposition of a limitation in a residential district of but a single
6 square feet on signs with a political message, Section 159.20 of the Codified Ordinances of the
City of Madeira imposes a significant and unconstitutional burden upon DOUG OPPENHEIMER,
as well as upon those wishing to post signs with electoral or political messages in residential
districts in the CITY OF MADEIRA.
66. Through, inter alia, the imposition of a limitation in a residential district of but a single
6 square feet on signs with a political message, Section 159.26 of the Codified Ordinances of the
City of Madeira imposes a significant and unconstitutional burden upon DOUG OPPENHEIMER,
as well as upon those wishing to post signs with electoral or political messages in residential
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districts in the CITY OF MADEIRA.
67. For example, the messages which DOUG OPPENHEIMER desires to disseminate
through the posting of the two signs in his yard is effectively lost and precluded based upon the
single-sign limitation imposed by the CITY OF MADEIRA.
68. And by jointly and simultaneously imposing both a size limitation and a limitation on
the number of signs, Sections 159.20 and 159.26 of the Codified Ordinances of the City of Madeira
further imposes a significant and unconstitutional burden upon DOUG OPPENHEIMER, as well
as upon those wishing to post signs with electoral or political messages in residential districts in
the CITY OF MADEIRA.
69. Additionally and/or alternatively, by allowing signs “which announce charitable,
institutional or civic events such as church bazaars, charitable fund raising events and similar
announcements” to be posted in a residential district but allowing such signs to be as large as 50
square feet, Sections 159.20 and 159.26 of the Codified Ordinances of the City of Madeira
constitute restrictions or regulations of speech based upon content.
70. Additionally and/or alternatively, by allowing more than one sign containing a free
speech message but only if such additional sign indicates support or opposition to a specific
candidate or issues that the Hamilton County Board of Elections has identified for placement on
the ballot, Section 159.26 of the Codified Ordinances of the City of Madeira constitutes a
restriction or regulation of speech based upon content.
71. Sections 159.20 and 159.26 of the Codified Ordinances of the City of Madeira are
unconstitutionally overbroad and have a substantial chilling effect on the free speech rights of
DOUG OPPENHEIMER, as well as others not before the Court.
72. Sections 159.20 and 159.26 of the Codified Ordinances of the City of Madeira are
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regulations of speech based upon content, but the provision are not narrowly tailored to serve any
compelling governmental interest.
73. Alternatively, Sections 159.20 and 159.26 of the Codified Ordinances of the City of
Madeira impose a severe burden on the constitutional rights of DOUG OPPENHEIMER, as well
as others, but the provisions are not narrowly tailored to serve any compelling governmental
interest.
74. Alternatively, Sections 159.20 and 159.26 of the Codified Ordinances of the City of
Madeira impose a substantial burden on the constitutional rights of DOUG OPPENHEIMER, as
well as others, but the provision does not serve any substantial governmental interest of the CITY
OF MADEIRA and, even if they did, the provisions are not narrowly tailored to further any such
interest.
75. As a direct and proximate result of the unconstitutional restrictions on the display of
political signs imposed by the CITY OF MADEIRA pursuant to Sections 159.20 and 159.26 of
the Codified Ordinances of the City of Madeira, DOUG OPPENHEIMER has suffered and will
continue to suffer irreparable harm for which there is no adequate remedy at law.
76. In order to prevent further violations by the CITY OF MADEIRA of the constitutional
rights of DOUG OPPENHEIMER and others, it is both appropriate and proper that a declaratory
judgment be issued, pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil
Procedure, declaring any provisions of the Sign Regulations that limit or restrict the size of signs
posting a political message to six square feet unconstitutional on its face and/or as applied to
DOUG OPPENHEIMER or, to the extent that such provisions are not severable, declaring the
entire Sign Regulations unconstitutional on their face.
77. In order to prevent further violations by the CITY OF MADEIRA of the constitutional
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rights of DOUG OPPENHEIMER and others, it is both appropriate and proper that a declaratory
judgment be issued, pursuant to 28 U.S.C. § 2201 and Rule 57 of the Federal Rules of Civil
Procedure, declaring any provisions of the Sign Regulations that limits the number of signs posting
a political message unconstitutional on its face or as applied to DOUG OPPENHEIMER or, to the
extent that such provisions are not severable, declaring the entire Sign Regulations unconstitutional
on their face.
78. Furthermore, pursuant to 28 U.S.C. § 2202 and Rule 65 of the Federal Rules of Civil
Procedure, it is appropriate and hereby requested that this Court issue a preliminary and permanent
injunction enjoining the CITY OF MADEIRA from enforcing the unconstitutional provisions of
its Sign Regulations against DOUG OPPENHEIMER and others, especially in light of the
approaching election for Madeira City Council.
SECOND CAUSE OF ACTION

(42 U.S.C. § 1983 – First and Fourteenth Amendments to the United States Constitution)
79. Plaintiff incorporates by reference all of the foregoing paragraphs as if fully restated
herein.
80. The Sign Regulations constitute and embody the official policy, practice and custom of
the CITY OF MADEIRA.
81. As indicated and declared above, the Sign Regulations are unconstitutional as being in
violation of the First Amendment to the United States Constitution, made applicable to the CITY
OF MADEIRA through the Fourteenth Amendment to the United States Constitution.
82. As a direct and proximate result of the unconstitutional restriction on the display of
political signs imposed by the CITY OF MADEIRA pursuant to Sections 159.20 and 159.26 of
the Codified Ordinances of the City of Madeira, DOUG OPPENHEIMER has suffered and will
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suffered damages and is entitled to recover damages, including, at a minimum, nominal damages.
WHEREFORE, Plaintiff DOUG OPPENHEIMER prays for judgment as follows:
A. that this Court render a declaratory judgment declaring that the aforementioned provisions
of the Sign Regulations of the CITY OF MADEIRA, and to the extent such provisions are
not severable, the entire Sign Regulations, are invalid both on its face and as applied to the
speech of DOUG OPPENHEIMER under the First and Fourteenth Amendments to the
United States Constitution;
B. that this Court issue an injunction restraining the enforcement of the Sign Regulations in
all respects as they are determined to be unconstitutional;
C. that this Court retain jurisdiction of this matter for the purpose of enforcing its Order;
D. that this Court award Plaintiff’s costs and expenses of this action, including a reasonable
attorneys’ fees award in accordance with 42 U.S.C. § 1988;
E. that this Court award damages of at least nominal damages;
F. that this Court adjudge, decree, and declare the rights and other legal relations of the parties
to the subject matter here in controversy, in order that such declarations shall have the force
and effect of final judgment; and
G. that this Court grant any other relief to which DOUG OPPENHEIMER is entitled, in law
or in equity.
Respectfully submitted,
Christopher P. Finney /s/ Curt C. Hartman

Brian C. Shrive Curt C. Hartman
Finney Law Firm LLC The Law Firm of Curt C. Hartman
4270 Ivy Pointe Blvd., Suite 225 7394 Ridgepoint Drive, Suite 8
Cincinnati, OH 45245 Cincinnati, OH 45230
(513) 943-6650 (513) 379-2923
chris@finneylawfirm.com hartmanlawfirm@fuse.net
brian@finneylawfirm.com
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Case: 1:19-cv-00770-MRB-SKB Doc #: 1-1 Filed: 09/12/19 Page: 1 of 24 PAGEID #: 19
CITY OF MADEIRA
ZONING CODE
Exhibit A
MADEIRA – LAND USAGE TABLE OF CONTENTS
CHAPTER 150: ZONING CODE ................................................................................................................. 1

CHAPTER 151: SUBDIVISION REGULATIONS ................................................................................... 97
CHAPTER 152: BUILDING CODE AND REGULATIONS .................................................................. 124
CHAPTER 153: EXCAVATING, FILLING AND GRADING OF LAND ............................................. 133
CHAPTER 154: PLANNING COMMISSION ......................................................................................... 140
CHAPTER 155: COMPREHENSIVE PARK AND RECREATION PLAN ........................................... 142
CHAPTER 156: SWIMMING POOL CONSTRUCTION ....................................................................... 143
CHAPTER 157: HOUSE AND BUILDING NUMBERING REGULATIONS ...................................... 147
CHAPTER 158: PROPERTY MAINTENANCE CODE ......................................................................... 150
CHAPTER 159: SIGNS ............................................................................................................................ 167
CHAPTER 160: FLOOD HAZARD REDUCTION ................................................................................. 189
CHAPTER 161: ARCHITECTURAL REVIEW OFFICE ....................................................................... 215
CHAPTER 162: HOME SALES ............................................................................................................... 219
CHAPTER 163: CENTRAL BUSINESS DISTRICT REGULATIONS .................................................. 220
CHAPTER 164: LOCATION OF SEXUALLY ORIENTED BUSINESSES REGULATED ................. 229
CHAPTER 165: SCHEDULE OF FEES FOR LAND USAGE APPLICATIONS AND APPEALS ...... 246
CHAPTER 166: MAIN STREET CORE DISTRICT ZONING REGULATIONS .................................. 248
CHAPTER 167: RESIDENTIAL-SCALE BUSINESS OVERLAY DISTRICT REGULATIONS ........ 286
CHAPTER 168: BOARD OF ZONING APPEALS ................................................................................. 315
7722743.2
CHAPTER 159:
MADEIRA – LAND USAGE
Signs
CHAPTER 159: SIGNS

159.01 Purpose
159.02 Application and objectives
159.03 Definitions
159.04 Permits required
159.05 Illuminated signs; electrical inspection
159.06 Inspection
159.07 Unsafe and unlawful signs
159.08 Signs allowed in certain districts
159.09 Number of on-premises advertising signs
159.10 Face of sign shall be smooth
159.11 Location of sign
159.12 Signs not permitted in any district
159.13 Materials required
159.14 Illumination
159.15 Permanent freestanding signs; height and area limitations
159.16 Commercial corridor signs
159.17 Wall and window signs; limitation of placement and area
159.18 Multiple sign copy area
159.19 Temporary signs
159.20Temporary signs in residential districts
159.21 Nonconforming existing signs
159.22 Maintenance
159.23 Variances
159.24 Permit application procedure
159.25 Nuisance
159.26 First Amendment protection
159.99 Penalty
§ 159.01 PURPOSE
The purpose of this chapter is to regulate and establish the orderly development of signs as a means of
communication, including commercial, informational and political messages while protecting the public
health, safety and welfare of the city. To that end, this chapter is intended to accomplish the following
specific objectives:
(A) To ensure that signs are installed, maintained and regulated so as not to endanger pedestrian safety
and auto traffic safety, or cause property damages or bodily injury;
(B) To minimize or eliminate sign clutter, distractions and obstructions-of-view that contribute to
pedestrian traffic and auto traffic hazards;
(C) To enhance and protect the visual attractiveness of the city and help to preserve property values and
attract sources of economic development and growth;
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(D) To allow for adequate and effective signs for business identification and advertising communication
while limiting the excessive number, height and size of signs for the benefit of private enterprise and
the community-at-large;
(E) To coordinate the type, placement and scale of signs in an equitable manner;
(F) To protect and promote the integrity and character of specific areas of the city and compatibility with
the overall residential nature of the city;
(G) To promote equal treatment under the law through accurate record keeping, reasonable permit
processing, reasonable permit fees and consistent enforcement; and
(H) To allow a reasonable means for persons to exercise their right of freedom of speech while protecting
the community from visual blight associated with uncontrolled proliferation of temporary signs.
(1985 Code, § 159.01) (Ord. 93-08, passed 3-1-1993)
§ 159.02 APPLICATION AND OBJECTIVES

This chapter shall be considered a companion code to those portions of the Ohio Basic Building Code,
County Building Code, the City Building Code and such rules and regulations as may otherwise be deemed
applicable to these matters. The general objectives of this chapter are as follows:
(A) To establish a permit system to control the types of signs in commercial and industrial zones and, to
a more limited degree, the variety of signs in residential zones;
(B) To allow certain small temporary or directional signs unique to residential or noncommercial uses to
be erected with the minimum of delay, cost and administrative entanglements for limited periods of
time or for limited noncommercial purposes;
(C) To prohibit all signs not expressly permitted by this chapter;
(D) To establish reasonable fees for the permit process which are roughly commensurate with the
administrative review necessary;
(E) To provide procedures for considering unusual circumstances and hardships through appeals and
variance applications;
(F) To provide for the enforcement of the provisions of this chapter; and
(G) To establish sign regulations for the varying zoning districts within the city which reasonably
recognize the distinction between commercial and residential districts.
(1985 Code, § 159.02) (Ord. 93-08, passed 3-1-1993)
§ 159.03 DEFINITIONS
The following words and phrases are explained as follows with the intention that they be interpreted in this
chapter to have the meanings described to them in this section. The words and phrases may be cumulative
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and are not intended to be exclusive. For example, even though a ground sign and an illuminated sign are
separately defined, both definitions may apply to the same sign. If the definition of any word or phrase is
unclear, or the word or phrase is used elsewhere in the chapter in a context which makes its intended use
unclear, such word or phrase shall be construed in the manner that best fulfills the purposes and objectives
set forth in §§ 159.01 and 159.02.
ANIMATED SIGN
Any sign that uses movement or change of lighting, either natural or artificial, to depict action or create a
special effect or scene.
AREA OF BUILDING WALL

The length times the height of a wall. It shall include the area of any windows located within the wall. The
roof of a building shall not be included as part of the height of the wall.
AREA OF SIGN
This is the area within a polygon formed by the edges of the frame of a sign or the surface of the sign
capable of displaying a message or the background of a message, whichever is greatest. The AREA OF A
SIGN will generally not include the structural supports for freestanding signs unless those supports display
all or a part of a message thereon.
BACKGROUND
The portion of the facing of a sign which is free of letters, words, logos, symbols and other representations
that actively convey the message of the sign.
BANNER
Any type of temporary sign made of cloth or other light fabric designed and intended to be displayed
without a rigid frame. Generally, the face of the sign is made of fabric or plastic and is anchored and
secured by cord, rope or similar lines.
BEACON
A type of attraction device which may or may not be part of a larger display. This device is a stationary or
revolving light which flashes or projects illumination, single color or multi-colored, in any manner which is
intended to attract or divert attention. While this definition includes lighting devices which are required or
necessary under safety regulations prescribed by governmental agencies and flashing lights on emergency
vehicles, those used for public safety are not intended to be regulated by this chapter.
BUILDING MARKER
Corner stones and tablets which are used as a memorial or to show the name of a building or the date of the
erection of the building, where such cornerstones or tablet is built into the wall of a building and is
constructed of bronze, brass, marble or stone or other incombustible material.
BUILDING SIGN
Any sign attached to any part of a building such as but not limited to a projecting sign, a wall sign, an
awning sign, a roof sign or a window sign. This is intended to be contrasted with the other general category
of signs, which is the freestanding sign.
BULLETIN BOARD
See INSTITUTIONAL BULLETIN BOARD.
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BUSINESS CENTER
Any lot or adjoining lots under single ownership on which there is located more than one separately owned
and operated business (other than home occupations) each of which business occupies separate floor space
from other businesses located on the lot or lots and is located in a business or manufacturing zoning district.
CANOPY SIGN
Any sign that is part of or attached to an awning, canopy or other fabric, plastic or structural protective cover
over a door, entrance, window or outdoors area.
CHANGEABLE COPY SIGN

A device which is designed so that all or a portion of a message, information, design or illustration may be
changed or rearranged without replacing the background or the frame of the sign. Examples of this type of
sign include but are not limited to signs at service stations which display the price of gas or other
commodities, boards which may be written or drawn upon and then wiped clear for a new message, devices
by which letters or other symbols or pictures may be affixed either by magnetic means, by hooks, grooves or
snaps or any similar mechanical or electronic arrangement such as bulletin boards and movie marquees.
COMMERCIAL CORRIDOR SIGN

A freestanding sign designed to primarily display its commercial message to vehicular traffic traveling on a
state or federal roadway with a minimum of four lanes. In addition, such sign shall be erected in an area
adjacent to such a roadway and be located on property located in an “O,” “A” or “B” Business District and
which has frontage along such roadway.
COMMERCIAL MESSAGE
Any display of words, logos, symbols, pictures or combination thereof which is capable and which is
intended to call attention to a business, commodity, service or entertainment.
COMMERCIAL SIGN
Any sign which displays a commercial message.
DIRECTIONAL SIGN
See INFORMATIONAL SIGN.
ERECT
To build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs.
ESTATE SALE SIGN

See GARAGE SALE SIGN.
FLASHING SIGN
An illuminated sign in which artificial or reflected light is not maintained stationary and constant intensity
and color at all times when in use.
FREESTANDING SIGN
A sign designed to be self-supporting, and independent for support from buildings and other structures. A
sign which is primarily self-supporting but is incidentally attached to a building or other structure for
additional support or for other reasons shall generally be considered to be a FREESTANDING SIGN. This
type of sign may also be referred to as a GROUND SIGN or POLE SIGN.
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GARAGE SALE SIGN

A sign displaying a message that personal household possessions are for sale. The only message on such a
sign shall be either the words “garage sale,” “yard sale,” “estate sale” or “rummage sale,” the hours of such
sale and the address or direction to such sale.
GROUND SIGN
See FREESTANDING SIGN.
IDENTIFICATION SIGN
See INFORMATIONAL SIGN.
INFORMATIONAL SIGN
A sign which provides only information regarding location, direction (such as “entrance” “exit”) and which
bears no commercial message. Examples of INFORMATIONAL SIGNS include but are not limited to
signs with the following messages: “no parking,” “entrance,” “loading only,” “telephone,” street address,
“no trespassing,” office hours, “open,” “full service,” “self-service” and similar directives.
INSTITUTIONAL BULLETIN BOARDS

A changeable copy sign which displays only messages relating to public or charitable events such as
meetings, bazaars, fund raising events and recognition of achievement in other than commercial ventures.
MAINTENANCE (MAINTAIN)
The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the
original copy, original colors, design or structure of the sign. See also REPAIRS.
NAMEPLATE
A sign with the name, address and/or profession of a person occupying the lot or part of a building thereon.
NONCONFORMING SIGN
One of the following:
(1) A sign which was erected legally but which does not comply with the subsequently enacted sign
restrictions or regulations; or
(2) A sign which does not conform to the explicit regulations of the Sign Code but for which a variance
or other authorized approval has been granted. Any such variance (by the Board of Zoning Appeals)
or authorized approval (by the City Manager) shall be noted on the permit for such a sign.
PERSONAL MESSAGE SIGN

A sign with a message incidental to residential use of property such as birth announcements (“It’s a Girl”),
“Welcome Home” and similar messages of a noncommercial nature.
POLE SIGN
See FREESTANDING SIGN.
POLITICAL SIGN
A sign indicating support or disapproval of a public issue or political candidate.
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PORTABLE SIGN
A sign designed in a manner that emphasizes its portability and ease of relocation. A primary feature of
such signs is that the supporting structure need not be attached to a building or affixed to the ground. Such
signs include portable swinger signs, “A” frame signs, sandwich board signs, portable signs on wheels,
vehicles, platforms or other means of resting the sign and supporting structure on the ground. PORTABLE
SIGNS are distinguished from temporary signs that are designed to be primarily anchored by cords (such as
banners) or by staking (typical political and real estate signs).
PROJECT OR CONSTRUCTION SIGN

A sign which directs attention to the promotion, development and construction of the property on which it is
located and which identifies the architects, engineers, contractors, developers and other individuals or firms
involved with the construction. The length of time such sign is displayed shall be dependent upon the scope
of the project undertaken on such property.
PROJECTING SIGN
A sign, other than a wall sign, erected on the outside wall of a building, which projects at an angle from the
wall to which it is attached.
REAL ESTATE SIGN

A sign advertising the sale, rental or lease of the premises on which the sign is displayed, or which indicates
the sale of the premises is pending or the property sold.
REMOTE SIGNS OR BILLBOARDS

Signs or billboards displaying a commercial message or advertising any services or commodities not
available on the site on which the sign is erected.
REPAIRS
Routine and systematic work done to a sign to keep it in good order, using similar materials, not involving
changes in materials or design which constitute rebuilding and reconstruction. See also MAINTENANCE.
RUMMAGE SALE SIGN

ROOF SIGN
Any sign erected, constructed, painted or maintained upon or over the roof of any building, and having its
principal support on the roof or walls of the building.
SETBACK FROM ADJACENT PROPERTY

The distance from the adjacent side or rear property lines. Setback requirements vary as to the zoning
district of the adjacent property.
SIGN(S)
Any writing, word, number, pictorial, illustration, decoration, emblem, symbol, trademark, flag, banner,
pennant insignia, flashing light, beacon or other device which is placed in a manner that the communication,
announcement, message, attraction, advertisement or promotion inherent to the device is visible or appears
to be intended to be visible to persons on adjoining property or nearby public rights-of-way.
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STREET MAIL BOX

A mail receptacle containing only the identification of a postal address and/or name of resident located at the
street curb, conforming to United States postal regulations.
SUBDIVISION SIGN
A permanent sign containing only the subdivision name and other information approved by the Planning
Commission.
TEMPORARY SIGN
(1) A sign which has either or both of the following characteristics:
(a) The primary purpose of the sign will be completed by the occurrence of an event which is
likely to take place within a period of a few days to a few months such as an election or sale
of real estate; and/or
(b) The material of which the sign is made or the manner in which the sign is affixed to the
ground or a structure are of such nature as not to be suitable for permanent display because
exposure to the elements will unreasonably deface the message, discolor or tear the material
or loosen the methods by which such a sign is anchored.
(2) Examples of TEMPORARY SIGNS include but are not limited to political signs, “For Sale” signs,
garage sale signs, sale signs and some project signs.
TENANT
Single business unit exclusively occupying and operating in a separately secured building or portion thereof.
VEHICULAR PORTABLE SIGN

A sign mounted or painted on a vehicle or trailer, and includes vehicles parked strategically with sign
messages in order to advertise a product or business. Flashing, blinking, revolving and visible reflective
spotlights are prohibited.
WALL SIGN
A sign integral with the exterior face of an exterior wall of a building, or attached to and parallel with the
wall and projecting not more than 12 inches therefrom.
YARD SALE SIGN.

(1985 Code, § 159.03) (Ord. 93-08, passed 3-1-1993)
§ 159.04 PERMITS REQUIRED

Unless otherwise provided for in this chapter, it shall be unlawful for any person to build, erect, structurally
or otherwise alter, or relocate within the city any permanent or temporary sign or other advertising device, as
defined in this chapter, without first obtaining a building permit from the City Manager and making payment
of any required permit fee. All illuminated signs shall, in addition, be subject to the provisions of the
Electrical Code, and the permit fees required thereunder. Section 161.08(A)(8) requires ARO approval for
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all signs, except temporary signs, prior to the issuance of a permit. Permits shall be obtained in accordance
with § 159.24.
(1985 Code, § 159.04) (Ord. 93-08, passed 3-1-1993) Penalty, see § 159.99
§ 159.05 ILLUMINATED SIGNS; ELECTRICAL INSPECTION

The application for a permit for erection of a sign or other advertising structure in which electrical wiring
and connections are to be used shall be submitted to the City Manager. The City Manager shall be
responsible to see that an examination is made of the plans and specifications respecting all wiring and
connections to determine if the same comply with the Electrical Code of the city. He or she shall disapprove
the application for permit if noncompliance with such Code is found.
(1985 Code, § 159.05) (Ord. 93-08, passed 3-1-1993)
§ 159.06 INSPECTION
The City Manager may cause the inspection of, at such times as he or she deems necessary, each sign or
other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is
properly erected, maintained in good condition and in compliance with the provisions of this chapter.
(1985 Code, § 159.06) (Ord. 93-08, passed 3-1-1993)
§ 159.07 UNSAFE AND UNLAWFUL SIGNS

(A) If the City Manager shall determine that any sign or other advertising structure is unsafe or insecure,
or is a menace to the public, or has been constructed or erected or is being maintained in violation of
the provisions of this chapter, he or she shall give written notice to the owner or tenant of the
property on which the sign is located. It is sufficient if notice is delivered and left on the premises
where the sign is located. The notice shall identify the problem with the sign and provide a
reasonable period (not less than ten nor more than 30 days) for the problem to be corrected except for
temporary signs, which problem shall be corrected immediately. No criminal citation shall be issued
prior to the date set forth on said notice. In addition, any such sign is hereby deemed to be a
nuisance, subject to all remedies available at law.
(B) The City Manager may cause any sign or other advertising structure which is an immediate peril to
persons or property to be removed summarily and without notice. In such a case, a citation may be
issued without notices and without delay. No additional or different signs, temporary or permanent,
shall be erected on property on which a sign or advertising structure is in violation of this chapter.
§ 159.08 SIGNS ALLOWED IN CERTAIN DISTRICTS

(A) The following types of permanent signs shall be permitted in all districts where the principal uses to
which they are related are permitted. Permits shall not be required for signs enumerated in this
section.
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(B) However, the City Manager may direct the removal or relocation of any of the following signs if he
or she determines them to be distracting, hinder visibility or not serve the purpose intended pursuant
to this section:
(1) House numbers and nameplates identifying the address and resident of a parcel of land and
not exceeding one square foot in area;
(2) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry
surface or when constructed of bronze or other noncombustible material and not exceeding
two square feet in area;
(3) Traffic or other municipal, governmental and public utility signs such as the following: legal
notices, railroad crossings, danger or other emergency signs;
(4) No more than two identification signs may be permitted at each vehicle entrance to a
completed residential development and placed only on private property by permission of the
owner of that property. Such identification signs must, however, have been approved by
Planning Commission as part of its subdivision approval. Each sign shall have a surface area
not to exceed 20 square feet;
(5) Signs painted on or otherwise attached to motor vehicles which are legally licensed and
primarily used on the highways for commercial or business purposes such as transportation of
persons, goods or equipment; provided that no such vehicle displaying a sign may be parked
within the required front setback of any lot or on any public right-of-way for the primary
purpose of advertising any service, product or facility;
(6) Vending machines and vending structures shall be allowed signs only attached to the machine
or structure, and advertise only the contents in the vending machine. Such signs must be
painted on or otherwise permanently affixed to the surface of the vending machine, and may
not project therefrom;
(7) Automobile full-service stations and automobile fuel-only stations may display the following
special signs which are deemed customary and necessary to their respective businesses:
(a) Customary lettering or other insignia on a fuel pump consisting of the brand of fuel
sold, lead warning sign and other signs required by law and not exceeding a total of
three square feet on each pump;
(b) A single non-illuminated double-faced sign per fuel pump island, each of which shall
not exceed four square feet in area, may be placed on a fuel pump island; such sign
may extend a maximum of two feet above pumps; and
(c) Directional signs indicating which pump islands are “full service” and which are
“self-serve.”
(8) Private traffic-control signs such as “in,” “out,” “drive-in window,” “entrance,” “exit” and the
like may be installed without a permit as long as the sign contains no advertising for the
business or use. No such sign shall exceed one square foot in area. No such sign shall hinder
the visibility of motorists or pedestrians; and
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(9) Institutional bulletin boards located on the premises to which the sign pertains. Each sign is
subject to the appropriate area, height and placement requirements.
§ 159.09 NUMBER OF ON-PREMISES ADVERTISING SIGNS

(A) This section regulates the number of commercial signs which may be displayed by businesses
located only in a business or manufacturing zoning district. The intent is to allow separate
businesses located on a single lot or adjoining lots under single ownership to announce their location
to vehicular traffic on adjacent rights-of-way, but to minimize the visual clutter that occurs when
numerous signs are placed or freestanding signs or multiple freestanding signs and wall signs are
placed on close proximity. This creates confusion and distraction and promotes competition to
display the most garish and largest sign.
(B) In addition, the speed limits, traffic density, number of lanes of travel, setback of buildings from the
adjacent roadways and number of businesses located on a single lot or promoted under a single
marketing strategy (such as a large shopping mall) have been considered as factors in establishing
the following regulations.
(1) Generally, one freestanding sign shall be permitted per lot or business center. If a lot or
business center has frontage and vehicular access on more than one street (corner lot or
through lot), one additional freestanding sign (that is, secondary freestanding sign) may be
located near the additional access point; provided, however, that the additional freestanding
sign shall be restricted in height and area commensurate with available frontage, traffic
density, lanes of vehicular travel on roadway, proximity of businesses and residential areas
and parking to that access point, and the distance separating the points of access. Such
restrictions on the secondary freestanding sign shall be determined by the ARO based upon
the foregoing factors.
(2) Where more than one business is on a lot or business center, multiple sign facings advertising
the various businesses may be permitted with the approval of the City Manager and ARO
provided all such signs are displayed on a single supporting structure. If a secondary
freestanding sign is permitted in accordance with division (B)(1) above, multiple sign facings
may be displayed on each freestanding sign, subject to the total area limitations.
(3) In addition to a freestanding sign (division (B)(1) above) or signs (division (B)(2) above), one
wall sign identifying business or product furnished within the building may be permitted for
each business located in a separate building or separate area of a building. Such wall signs
must be located on the portion of the building actually occupied by such business and no sign
shall exceed six square feet in area.
§ 159.10 FACE OF SIGN SHALL BE SMOOTH

All signs or other advertising structures which are constructed on street lines, or within five feet thereof,
shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude therefrom. However,
raised letters, numbers or trim are permitted.
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§ 159.11 LOCATION OF SIGN

It shall be unlawful for any sign to be located on, above or extend over public property or the public right-
of-way, except for traffic signs or other public service signs approved by the City Manager.
§ 159.12 SIGNS NOT PERMITTED IN ANY DISTRICT

The following signs shall not be permitted, erected or maintained in any district:
(A) Signs which rotate or move in any plane;
(B) Any sign or sign structure which:
(1) Is structurally unsafe;
(2) Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or

abandonment;
(3) Is not kept in good repair; or
(4) Is capable of causing electrical shocks to persons likely to come in contact with it.
(C) Any sign which, by reason of its size, location, content, coloring or manner of illumination,
constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by
obstructing or detracting from the visibility of any traffic sign or control device on public streets and
roads;
(D) Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other
required entrance or exit way;
(E) Signs which make use of words such as “Stop,” “Look,” “Danger” or any other words, phrases,
symbols or characters, in such a manner as to interfere with, mislead or confuse traffic. However,
appropriate signs shall be allowed without permit when necessary to warn persons concerning high
voltage, explosive gases or temporary dangers associated with construction;
(F) Any sign or other advertising structure containing any obscene matter;
(G) Any sign unlawfully installed, erected or maintained;
(H) Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a
product sold on the premises. Such sign and its supporting structure shall be removed within a
period of 90 days after the business ceases operation. A request for a variance may be made to the
Board of Zoning Appeals, which shall grant the variance if it determines that it is probable that the
next occupant is likely to use sign or supporting structure, that the sign will be kept in good repair
and that the sign otherwise conforms to this chapter;
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(I) Exterior exposed gaseous tube type signs (neon);
(J) Billboards;
(K) Signs which incorporate in any manner flashing or moving lights;
(L) Mobile or portable signs whether on wheels, runners, casters, parked trailers, parked vehicles or
other mobile devices or any other temporary sign except as specifically permitted in this chapter;
(M) Signs which are painted on or attached to any trees, telephone poles, public benches, street lights or
traffic-control devices, unless for a valid public purpose and unless specifically permitted in writing
by the City Manager for good and necessary cause;
(N) Searchlights;
(O) Any signs which imitate or resemble official traffic or government signs or signals;
(P) Any sign which displays cartoons, pictures, photographs, cutouts or figures, unless they are part of a
registered trademark or corporate identity and are approved by the City Manager; and
(Q) Any sign not in conformance with the Building Code.
(1985 Code, § 159.12) (Ord. 93-08, passed 3-1-1993; Ord. 96-24, passed - -1996) Penalty, see § 159.99
§ 159.13 MATERIALS REQUIRED

Except for certain temporary signs as permitted herein, all signs shall be made of durable material and be
structurally sound. The supporting members shall be free of exposed unsightly bracing, guy wires, cables
and the like. The supports shall appear to be an architectural and integral part of the building where a sign is
attached or mounted to a building. The structural design and construction materials of all signs shall be
reviewed by the City Manager prior to issuance of a building permit. Only signs determined to be
structurally safe and in conformance with this chapter shall be issued a permit by the City Manager.
§ 159.14 ILLUMINATION
No sign shall be illuminated, except in accordance with the following restrictions.
(A) No sign shall contain any moving, flashing or animated lights, except such portions of a sign as
consist solely of indicators of time, day, date and temperature in Fahrenheit and/or Celsius.
(B) Lighting external to the sign shall consist of not more than two colors, including white. No external
red or green lights shall be used if, in the opinion of the City Manager, such colors would create a
driving hazard. No lighting shall be of such brightness or direction so as to cause glare that may be
hazardous to pedestrians or auto drivers.
(C) Illumination shall be so arranged as to reflect light away from residential premises and in such a
manner so as not to cast glare.
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(D) The provisions of this section shall apply not only to exterior signs, but also the interior signs which
are designed or placed to show through windows or doors of buildings.
§ 159.15 PERMANENT FREESTANDING SIGNS; HEIGHT AND AREA

LIMITATIONS
(A) Height. Except for commercial corridor signs, it shall be unlawful to erect any permanent
freestanding sign whose total height is greater than eight feet above the level of the street upon which
the sign displays its message or above the adjoining ground level, if such ground level is above the
street level. Copy area shall not exceed 50% of background area.
(B) Space Between Sign and Ground. Except for commercial corridor signs, permanent freestanding
signs mounted near the ground shall have an open space of not less than two feet between the base
line of said sign and ground level. This open space may be filled with a platform, plantings or
decorative lattice work which does not close off more than one-half of any square foot of such open
spaces. No ground sign shall be nearer than two feet to any other sign, building or structure.
(C) Setback Line. No permanent freestanding sign shall have any portion nearer the street than the
building or setback line established by law.
(D) Premises to be Kept Free of Weeds, and the Like. All freestanding signs and the premises
surrounding the same shall be maintained by the owner or permittee thereof in a clean, sanitary and
inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.
(E) Area. The total area of one side of any freestanding sign shall not exceed 50 square feet. This
includes the total of all sign facings of different businesses displayed on one side of a single
freestanding sign.
§ 159.16 COMMERCIAL CORRIDOR SIGNS

(A) As used within this chapter a COMMERCIAL CORRIDOR SIGN means a freestanding sign
designed to primarily display its commercial message to vehicular traffic traveling on a state or
federal roadway with a minimum of four lanes. In addition, such sign shall be erected in an area
adjacent to such a roadway and be located on property located in an “O,” “A” or “B” Business
District and which has frontage along such roadway.
(B) All freestanding signs which are located or intended to be located in a manner and location defined
in division (A) above shall be regulated as follows.
(1) Its total height shall not exceed 20 feet above the level of street upon which it intends to
display its message, or above the ground on which it is located if such ground is higher than
the street level. Copy area shall not exceed 50% of background area.
(2) No portion of the sign facing shall be less than seven feet above ground level or street level,
whichever requires the greater clearance from the ground.
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(3) No portion of this freestanding sign shall be closer than five feet to the right-of-way.
(4) The premises in the vicinity of any such sign must be maintained in a clean, sanitary and
orderly manner and shall be kept clear of all noxious substances, rubbish and weeds.
(5) One sign facing may be displayed on each side of a sign for each business located on the
premises, but in no event may the total area of one side of sign or multiple signs be greater
than 150 square feet.
(C) If a lot or business center has frontage and vehicle access on a corner lot or through lot, and one
roadway requires the erection of a commercial corridor sign and the secondary roadway does not, a
secondary freestanding sign may be erected in accordance with the provisions of § 159.09(A). (1985
Code, § 159.16) (Ord. 93-08, passed 3-1-1993) Penalty, see § 159.99
§ 159.17 WALL AND WINDOW SIGNS; LIMITATION OF PLACEMENT AND

AREA
(A) Subject to the other provisions and limitations of this chapter, wall and window signs or any
combination thereof may be displayed in any commercial, retail or industrial district up to a total
area which does not exceed 25% of the area of a building wall. This area limitation shall apply to
both temporary and permanent signs, whether displayed on a wall or a window, or combinations
thereof. However, placards, paintings and other non-illuminated sign may be affixed on the interior
of a window, without obtaining a permit, provided that the total area of all signs displayed on the
wall and window do not exceed 25% of the wall area and no sign is in violation of § 159.12.
(B) No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of
the wall to which it is attached. The copy area of a wall sign without a background area (individual
letters or numerals) shall not exceed 10% of the area of the building wall. On a wall sign with a
background area, the copy area shall not exceed 50% of the background area and the background
area shall be limited to 18% of the area of the building wall upon which it is mounted, and the total
sign area shall be limited to 25% of the area of the building wall to which it is mounted. Maximum
height of a wall sign shall not exceed 12 feet above ground level.
(C) No wall sign shall be permitted to extend beyond the building line, nor extend into the established
right-of-way of any street, sidewalk, alley or other public thoroughfare more than eight inches.
(D) No wall sign shall be permitted except on the front of the building and on any other side or rear of
the building where on premise parking is provided, and to facilitate identification for secondary
entrance. Before erection of a wall sign, the approval of the ARO is required.
(E) All signs shall be subject to the permit regulations set forth in this chapter and be required to be
maintained in good condition.
§ 159.18 MULTIPLE SIGN COPY AREA

Multiple sign copy area shall not exceed 60% of the background area.
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§ 159.19 TEMPORARY SIGNS

(A) General. Temporary signs shall include any sign, banner, pennant, valance or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or
without frames, intended to be displayed for a short period of time only. Temporary signs may only
display one of the following messages:
(1) Political Messages. These involve signs with a message endorsing candidates for public
office (local, state or federal), endorsement of political issues (whether on a ballot or not) and
such other messages as set forth a statement regarding a public issue;
(2) Real Estate Message. These are signs with a message that real estate is “For Sale,” “For
Lease” or “For Rent.” Information pertaining to realtor, that the property is for sale by owner,
phone numbers, “Sold,” “Sale Pending” and open houses may also be included as part of the
message;
(3) Garage Sale Sign. A sign displaying a message that personal household possessions are for
sale. The only message on such a sign shall be either the words “garage sale” or “yard sale,”
the hours of such sale, and the address or direction to such sale;
(4) Commercial Message. Any display of words, logos, symbols, pictures or combination
thereof which is capable and which is intended to call attention to a business, commodity,
service or entertainment;
(5) Charitable Message. These include announcements of charitable events, fund raising efforts
and similar announcements;
(6) Personal Messages. These include such messages as birth announcements (“It’s a Girl”),
“Welcome Home” and similar messages of a noncommercial nature incidental to residential
use of property; and
(7) Project Message. Notice regarding a construction or a renovation project in progress on the
premises.
(B) Materials and Area Limitations. No temporary sign of combustible material shall exceed ten feet in
one of its dimensions or 50 square feet in area. Temporary signs in excess of 50 square feet shall not
be permitted unless sufficient information is provided with the application that will allow the City
Manager to determine that the proposed materials and anchoring of the sign will protect the health,
safety and welfare.
(C) Weight Limitations. Every temporary sign weighing in excess of 50 pounds including supporting
structure, must be approved by the City Manager as conforming to the safety requirements of the
Building Code.
(D) Projection From Wall and Over Public Property. No temporary sign shall be placed on, extend over
or into any street, alley, sidewalk or other thoroughfare, nor shall it project a distance greater than
four inches from the wall upon which it is erected, nor be placed or project over any wall opening.
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(E) Obstruction to Doors, Windows and Fire Escapes. No temporary sign shall be erected so as to
prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be
attached to any standpipe or fire escape.
(F) Commercial Signs in Office, Retail and Industrial Districts.
(1) Frequency of Permits. Each separate business on a lot or in a business center located in an
office, retail or industrial district may display a temporary sign with a commercial message
no more than once every 90 days for no more than 30 consecutive days.
(2) Projects Lasting Longer Than 90 Days. Project signs which concern a construction or
renovation project intending to last more than 90 days must so indicate on the permit
application. The City Manager shall consult with ARO and Building Inspector regarding
suitable materials, anchoring, size and aesthetic factors appropriate for the duration of display
and location of the project sign. A permit shall be issued only if the proposed sign is in
conformity with conditions imposed by the City Manager regarding materials, anchoring, size
and aesthetic factors.
(3) Advertising Permitted. The advertisement contained on any temporary sign shall pertain only
to the business, industry or pursuit conducted on or within the premises on which the sign is
erected or maintained. This provision shall not apply to signs of a civic, political or religious
nature.
(4) Real Estate, Political and Charitable Message Signs. In addition to the foregoing, real estate,
political and charitable message signs may be displayed in office, retail or industrial district,
subject to the same restrictions as such signs in residential districts.
(5) Real Estate Message Signs. Real estate message signs, as described in division (A)(2) above
may be displayed in office, retail and industrial districts. These signs shall not exceed 25
square feet per sign face.
§ 159.20 TEMPORARY SIGNS IN RESIDENTIAL DISTRICTS

Temporary signs may be placed on private property in residential districts subject to the following
limitations and restrictions.
(A) No temporary sign shall be larger than six square feet in area except as provided in division (G)(4)
below.
(B) No part of any temporary sign shall be higher than four feet above grade except as provided in
division (G)(4) below.
(C) No more than one temporary sign per lot may be displayed at any one time, except for the following:
(1) One temporary sign for each street on which a lot fronts shall be permitted. Thus corner lots
and through lots may have more than one sign displayed; and
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(2) One single or double sided political sign per individual candidate and individual issue shall
be permitted, except as to corner lots or through lots on which there may be placed one such
sign facing or adjacent to each street abutting said lot.
(D) No temporary sign shall be displayed for more than 30 days, except signs advertising real estate for
sale or lease which has not been sold or leased and except for political signs relating to an issue or
candidate in an election. Such political signs may be displayed only during a time period for 60 days
prior to the election. Upon application, the City Manager shall issue a permit if it is determined that
the sign is in conformity with all provisions of § 159.21. The cost of the permit shall be $5 for all
signs except political, personal message, institutional and civic signs and signs advertising charitable
events in which case the permit fee shall be waived. All such permits shall state the beginning and
ending date during which the sign may be displayed.
(E) No temporary sign shall continue to be displayed if it becomes torn, so worn as its message is not
legible from the adjoining public way or wholly or partially separated from its supporting frame or
stakes. Such unsightly temporary signs shall be removed, replaced or repaired without undue delay.
(F) No person shall place any sign on real property of another without the owner or occupant’s consent.
(G) Each temporary sign which displays a message concerning or related to an event shall be removed no
later than five days, or such lesser period if specified below, after the event has occurred and the
message, therefore, no longer serves its intended purpose. These event oriented signs shall include
but not be limited to the following examples:
(1) Signs endorsing a candidate or issue for a particular election. Signs must be removed no later
than five days after the election;
(2) Signs offering real estate for sale or lease. Signs must be removed within five days after the
property is no longer being offered for sale or lease. Signs marked “Sold” may not be
displayed for more than five days;
(3) Signs advertising garage or yard sales must be removed within 24 hours after the sale is
completed; and
(4) Signs which announce charitable, institutional or civic events such as church bazaars,
charitable fund raising events and similar announcements shall not exceed 50 square feet in
area nor be more than eight feet high and must be removed within 24 hours of the conclusion
of the event.
(H) The temporary signs permitted and described in this section may be placed in any yard of a lot in a
manner that the copy (message) on the sign is discernable from any adjoining public right-of-way
provided it does not obscure or obstruct the visual line of sight of pedestrians or motorists in a
manner that creates a safety hazard. No sign shall be placed in any location where it may interfere
with or be confused with any traffic-control device. If safety considerations thereby prevent a sign
from being placed in a location that allows its message to be seen from a street, then the property
owner or occupant may apply for a permit from the City Manager to erect a larger or higher
temporary sign that is of sufficient size to be legible from the adjoining street. The City Manager
shall visit the site and shall issue such a permit if the proposed larger or higher sign is otherwise
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permitted by this section and it is not larger or higher than is necessary to allow the message to be
seen from an adjoining right-of-way.
(I) Only temporary signs displaying the following types of copy shall be permitted in residential
districts:
(1) Political signs, either endorsing a candidate, an issue or other similar noncommercial
message;
(2) Real estate signs indicating that the property on which the sign is displayed is for sale or for
rent. Open house and directional signs may only be erected 72 hours prior to the scheduled
real estate open house and must be removed by 9:00 p.m. the day of the open house. No
more than two directional signs per each real estate open house are permitted;
(3) Yard sale, garage sale or similar signs; provided, however, that such signs may only be
displayed during a time period four days prior to such sale;
(4) Signs which announce charitable or civic events;
(5) Personal message signs; and
(6) Project signs.
(J) Temporary signs in residential districts shall not be illuminated by any devices specifically installed
for that purpose. Incidental illumination from porch lights and other pre-existing illumination
incidental to the residential use of the property is permitted.
§ 159.21 NONCONFORMING EXISTING SIGNS

Every sign or other advertising structure lawfully in existence when this chapter becomes a law, shall not be
expanded, altered, replaced or moved unless it is brought into compliance with the requirements of this
chapter. This section shall not prevent repairing or restoring to a safe condition any part of the structural
supports of any sign, or the maintenance operations performed thereon. Any sign or any substantial part
thereof now existing, and which for any reason or purpose is taken down or removed, except for repair to an
extent less than one-half of its replacement value, shall not be re-erected, reconstructed, rebuilt or relocated,
unless it shall be made to comply with this chapter.
§ 159.22 MAINTENANCE
All signs shall be maintained in good condition.
(1985 Code, § 159.22) (Ord. 93-08, passed 3-1-1993)
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§ 159.23 VARIANCES
(A) The Board of Zoning Appeals shall have the authority, by a majority vote of the members appointed
to hear appeals from the decisions of the City Manager or ARO and to grant relief from those
decisions.
(B) A sign not constructed or erected in conformity with this chapter may be permitted by the Board of
Zoning Appeals when the use of such proposed sign will not be detrimental to public health, safety
and general welfare or when a substantial hardship or injustice will prevail in refusing to issue a
permit for use of such a proposed sign. The owner shall submit detailed drawings of the proposed
sign and its locations to the Board of Zoning Appeals for its review prior to rendering a decision on
the issuance of a building permit. The Board of Zoning Appeals may request the Architectural
Review Officer to evaluate the drawings and other available material and report his or her findings to
the Board. Any variance should be in accordance with the general intent of this chapter.
(1985 Code, § 159.23) (Ord. 93-08, passed 3-1-1993)
§ 159.24 PERMIT APPLICATION PROCEDURE

(A) Purpose. The intent of this permit procedure is to provide a mechanism for informing persons about
the regulation of signs, keeping the administrative time and expense reasonably equivalent to type of
sign proposed and providing a method of establishing responsibility for maintaining and removing
signs in a timely manner.
(B) City Manager’s Duty. The City Manager shall be responsible for the development of all applications
for sign permits which are consistent with the requirements and purposes of this chapter. Permanent
signs. Applications for a permit required by this chapter for a permanent sign shall set forth all
information required of any building permit. It may also include drawings of sign and supporting
structure, proposed location on plat, all dimensional measurements, calculations of total area and
copy area, and relative location to other signs. The application may require information and/or
calculations concerning wind bearing loading capacity and other information relating to its suitability
and safety as a permanent sign. Permit fees shall be in accordance with the building permit schedule.
One application and permit shall be required for each such sign.
(C) Political and Charitable Event Signs. One application shall be required to obtain a permit for each
type of sign to be displayed in the community. The permit, once issued, shall be valid for signs
erected on multiple sites throughout the city which promotes a candidate, slate of candidates,
political issue or charitable event. The application shall require a minimum of information about the
sign and applicant, except it shall provide the name, address and phone number of the person
responsible for the maintenance and removal of such signs. The application and permit shall
summarize appropriate provisions of this Sign Code, such as area limitation, number of signs per lot
and restrictions on placement of signs. A fee of $5 shall be charged, whether a single or multiple
signs are displayed.
(D) Real Estate Sign. A one-time permit shall be required for display of all real estate signs by each real
estate broker or individual property owner. Concurrent with the application, a standard real estate
sign used by broker or property owner shall be presented for inspection by the City Manager or his or
her designee. Such sign shall be inspected to determine whether the size, frame and anchoring
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system is in conformity with this chapter and suitable for repeated displays without undue
weathering. If so, a permit shall be issued which shall allow display of these types of signs on each
parcel of real estate the broker or property owner has held for sale or lease throughout the city.
However, if any such signs are displayed in violation of this chapter, such permit may be revoked
and new application required. As long as signs of a broker remain substantially the same, no new
permit shall be required. All such signs, however, must be maintained in good repair.
(E) Project Signs Shall Require a Permit. If the project sign is intended or is likely to be displayed for
more than 90 days, it shall be deemed a permanent sign for purposes of the permit process, but such
sign must be removed upon completion of the project. If the project sign is likely to be displayed for
less than 90 days, the application and permit process shall be similar to a political sign but shall be
valid for only a single site. The application fee shall be $10.
(1985 Code, § 159.24) (Ord. 93-08, passed 3-1-1993)
§ 159.25 NUISANCE
Any sign erected or maintained in a manner inconsistent with this chapter, including the failure to obtain a
permit required by this chapter, is hereby deemed a nuisance. Any such nuisance shall be subject to all
remedies of law, including removal thereof, in addition to any penalties or violations set forth in § 159.99.
§ 159.26 FIRST AMENDMENT PROTECTION

(A) Purpose. It has never been the intent of the city to infringe on the rights of property owners and
occupiers to display messages protected by the First Amendment. Therefore, this section is adopted
in order to clarify the existing regulations and to remove any doubt that it is the public’s right to
receive and display First Amendment protected messages, including but not limited to religious,
political, economic, social and philosophical messages. It is the further purpose to reaffirm that an
expedient appeal process exists that addresses these First Amendment concerns.
(B) Definition. For the purpose of this Chapter 159, FREE SPEECH MESSAGE shall mean any
message that is not intended to convey a commercial message. Free speech messages include but are
not limited to religious, political, economic, social and philosophical messages. COMMERCIAL
MESSAGE means any message intended to call attention to a business or promote the sale of any
goods or services.
(C) Conflict With Existing Provisions. In furtherance of the purpose of this Chapter 159, if there is any
conflict between the provisions of this section, with any other section of the Zoning Code, including
those provisions regulating signs, and such conflict could be construed to infringe on free speech
messages, the provisions of this section shall control.
(D) First Amendment Safeguards. In order to safeguard the protections offered by the First Amendment,
the following provisions shall apply.
(1) Every parcel in all zoning districts shall be permitted to display one two-sided or one one-
sided sign containing any free speech message. Each side of the sign shall not exceed six
square feet in area. Such sign shall not require a building or zoning certificate. However,
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such sign must be kept in good and safe condition. In no event shall such sign be erected in
the right-of-way.
(2) At any time that the County Board of Elections has identified a candidate or issue that will be
placed on the ballot at the next general or special election, one additional sign may be erected
for each candidate or issue that the occupant wishes to support or oppose. Such political
signs shall still be subject to the dimensional regulations set forth in division (D)(1) of this
section. No such sign may be erected in the right-of-way. All such signs, except for one sign
as permitted by division (D)(1) above, shall be removed from display not later than the first
Friday immediately following the election.
(3) If the sign permitted in division (D)(1) or (D)(2) above is not maintained in good and safe
condition, notice shall be sent to the property owner by regular mail. The property owner
shall have seven days from the date of mailing indicated on the notice to restore or replace
the sign to a good and safe condition. If the sign is not restored to good and safe condition
within seven days, and the owner or occupant of the property has not filed an appeal from the
notice, then the owner and/or occupant shall be in violation of this section and guilty of a
minor misdemeanor. Each day that the sign remains in violation of the notice to remove is a
separate violation. No additional notices shall be required after the first has been sent.
(4) Every parcel that is permitted to display a sign containing a commercial message or other
permitted message pursuant to the Zoning Code shall be permitted to display a free speech
message in lieu of the permitted commercial or other permitted message. However, this
provision shall not apply to existing signs displaying a message necessary for public safety,
such as message directing vehicular or pedestrian flow, parking restriction signs or fire lane
signs. Such sign shall still be subject to the dimensional regulations imposed on each zoning
district, including but not limited to size, height, area and setback. This sign shall be
permitted in addition to the free speech message permitted by division (D)(1) of this section.
(E) Signs Not a Principal Use. Signs shall be considered an accessory use and regulated as an accessory
use pursuant to underlying zoning district regulations. However, a sign authorized by divisions
(D)(1) and (D)(2) of this section shall be permitted to be displayed by the owner on undeveloped
lots.
(F) Appeal Process for Sign Application Denials. In order to confirm a property owner’s ability to
exercise his or her First Amendment rights without undue delay, a special process shall be instituted
for the appeal of the denial of a zoning certificate or building permit for any sign (if a building or
zoning certificate is required) or for the appeal of an order to remove a sign displayed that is
purported to be displayed in accordance with division (D)(1) or (D)(2) of this section. To the extent
that the appeal process of this section conflicts with other provisions of the Zoning Code, the appeal
process of this division (F) shall control.
(1) It shall be the duty of the City Manager or his or her designee to either approve or deny
applications for zoning certificates or building permits for signs within seven business days
of the date of application. The ARO shall be consulted and shall provide a written
recommendation within this period. If a recommendation against approving the sign is made
by the ARO, the matter shall be presented to the Planning Commission for consideration.
Any application that is returned because it is incomplete shall be deemed a denial. Any
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aggrieved applicant shall have the right to appeal the denial of a zoning certificate or building
permit for a sign. Such appeal shall be heard by the Board of Zoning Appeals.
(2) Any such appeal must be taken within ten days after the decision of the City Manager or his
or her designee by filing a notice of appeal, stating the grounds for such appeal, with the City
Manager and the Board of Zoning Appeals. The City Manager shall cause the transmittal to
the Board of Zoning Appeals of all the papers constituting the record upon which the action
appealed from was taken.
(3) The Board of Zoning Appeals shall fix a time for the hearing of the appeal not sooner than 15
days and not later than 30 days from the filing of the notice of appeal. The Board of Zoning
Appeals shall give at least ten days’ notice of such public hearing by posting the time and
place of the hearing on the official website of the municipality and in the lobby of the
municipal building. The Board shall, in addition, give written notice of the hearing to all
interested parties, deposited in the mail ten days in advance of such hearing. The appealing
party has the right to waive any and all of the time restrictions imposed on the Board of
Zoning Appeals. However, absent such waiver, failure of the Board to act within these time
limitations shall be deemed an approval of the application for the zoning certificate or
building permit.
(4) The Board shall render a written decision on the appeal not later than 14 days after the date of
the public hearing.
§ 159.99 PENALTY
(A) Any person who erects, renovates or otherwise changes any sign, and any person who causes or
permits any of the foregoing without obtaining a sign permit required by this chapter shall be deemed
guilty of a minor misdemeanor. Each and every day that violation continues shall constitute a
separate offense.
(B) Any person who owns or occupies real property or otherwise has control over said real property, and
who fails to repair, renovate, paint or remove a permanent sign within 15 days after receiving notice
and an order from the City Manager pursuant to this chapter, shall be deemed guilty of a minor
misdemeanor. Each and every day that violation continues shall constitute a separate offense.
Temporary signs shall be removed immediately upon order of the City Manager. Any person who
fails to remove a temporary sign shall be deemed guilty of a minor misdemeanor for each and every
day the violation continues. However, if an administrative appeal of the City Manager’s order is
filed within the 15 days, no criminal charges shall be filed while the appeal is pending.
(1985 Code, § 159.99) (Ord. 93-08, passed 3-1-1993)
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Case: 1:19-cv-00770-MRB-SKB Doc #: 1 Filed: 09/12/19 Page: 1 of 18 PAGEID #: 1

UNITED STATES DISTRICT COURT

DOUG OPPENHEIMER aka PHILIP DOUGLAS OPPENHEIMER for his Complaint

hereby alleges as follows:

display on his or her property.

Constitution, and Article I, Section 11 of the Ohio Constitution.

4. Recently, officials with the CITY OF MADEIRA notified DOUG OPPENHEIMER

OF MADEIRA and not posting additional other signs.

8. Accordingly, DOUG OPPENHEIMER challenges the sign regulations of the CITY OF

the Fourteenth Amendment to the United States Constitution).

OF MADEIRA continues to occupy the highest rung of First Amendment protection.

JURISDICTION & VENUE

10. Court has jurisdiction pursuant to 28 U.S.C. § 1331.

complained of occurred within this District.

12. Plaintiff DOUG OPPENHEIMER, who is also known as PHILIP DOUGLAS

MADEIRA is located within this District.

officially adopted or promulgated by the CITY OF MADEIRA.

CITY OF MADEIRA, is attached hereto as Exhibit A.

Any writing, word, number, pictorial, illustration, decoration, emblem, symbol,

(1) A sign which has either or both of the following characteristics:

a “political sign” as:

A sign indicating support or disapproval of a public issue or political candidate.

residential district within the CITY OF MADEIRA:

displays a message concerning or related to an event shall be removed no later

charitable, institutional or civic events may be up to 50 square feet in area.

of the Codified Ordinances of the City of Madeira.

defines the phrase “free speech message” as meaning:

and define the phrase “commercial message” as meaning:

property in a residential district within the CITY OF MADEIRA.

the CITY OF MADEIRA:

individual issue shall be permitted, except as to corner lots or through lots on

permissible additional number of signs to the content of the additional sign:

a residential district within the CITY OF MADEIRA.

his local government in the CITY OF MADEIRA.

administration in the CITY OF MADEIRA.

a sign calling upon the removal of the “Clowns on City Council”:

46. Additionally, in light of the forthcoming general election to be held on November 5,

promote additional discussion about the sign):

residence in the CITY OF MADEIRA were sixteen square feet in area.

within the CITY OF MADEIRA:

159.26(D)(1) of the Codified Ordinances of the City of Madeira.

needed to be taken down.

OPPENHEIMER later that day.

furtherance of the policy, practice and custom of the CITY OF MADEIRA.

be cited for violating the Sign Regulations.

MADEIRA as established by a policy statement, ordinance, regulation or decision officially

adopted or promulgated by the CITY OF MADEIRA.

or signs with free speech messages.

FIRST CAUSE OF ACTION

districts in the CITY OF MADEIRA.

districts in the CITY OF MADEIRA.

single-sign limitation imposed by the CITY OF MADEIRA.

the CITY OF MADEIRA.

69. Additionally and/or alternatively, by allowing signs “which announce charitable,

announcements” to be posted in a residential district but allowing such signs to be as large as 50

constitute restrictions or regulations of speech based upon content.

restriction or regulation of speech based upon content.

DOUG OPPENHEIMER, as well as others not before the Court.

compelling governmental interest.

Madeira impose a substantial burden on the constitutional rights of DOUG OPPENHEIMER, as

entire Sign Regulations unconstitutional on their face.

approaching election for Madeira City Council.

SECOND CAUSE OF ACTION

the CITY OF MADEIRA.