First, from Law of the Land, a blog all planners should follow:
The basic issue of severability is less important, to Dennis, than the clear determination that the town can prohibit all non-governmental/public safety signs from the public right-of-way as a public safety issue. We have placed this in Section 151-14 Prohibited Signs in the Dennis Sign Code.
Another sign code case is discussed on the inversecondemnation blog, another good legal source planners should be aware of.
This case deals with “speech” and whether non-content based restrictions could be enforced on signs bearing a political message. In short, the answer is “yes.” But….
Prior to our revision to the Dennis Sign Code the 1984 revisions placed time and size restrictions on political signs. We never got challenged, but there were some non-enforcement calls the enforcing officer also had to make. Those non-enforcement decisions also were never challenged. Our current Sign Code, adopted in 2009 took out these different treatment issues, much to the chagrin of some residents, but now provides equal treatment of political and commercial speech. I believe that, as crafted, we would pass the test applied in the Oklahoma City case.