Cedar Key`s sign ordinance, having sections viewed as unenforceable, came under review at the December 15 Commission meeting. Following a brief introduction by City Attorney David Coffey, Mr. Coffey`s associate Holly Blumenthal described and illustrated the current ordinance. She emphasized the parts that are in conflict with free speech and the First Amendment of the Constitution. After Ms. Blumenthal`s presentation, Commissioner Heath Davis remarked that most of Cedar Key signs violate the current ordinance. Because the ordinance has not been enforced, future enforcement may become difficult. Commissioner Scott Dennison asked, "When can we start (enforcement)?" He added that in general he likes the ordinance, but that changes to make it enforceable are needed. City Attorney Coffey asked for ninety days to prepare a draft revision of the ordinance, to be presented in April 2010. The current ordinance is based on a model ordinance recommended by the State of Florida. A sign ordinance is required by law by the State. However, local ordinances must not be as broad as to effect free speech. An ordinance may be worded to protect minors from harmful obscenities. However, protecting minors from obscenity then opens legal debate on what is obscene, and possible costly litigation. The sign ordinance issue arose after a sign on a proposed Dock Street restaurant drew extensive criticism for alleged obscenity. The unenforceable portion of the current ordinance and a history of not enforcing the ordinance under other circumstances cloud the future of even a revised ordinance. |