Officials say the regulations protect free speech but also protect neighborhoods from clutter.
WESTFIELD – The City Council has adopted new regulations governing the placement of temporary signs that officials say protect free speech but also protect neighborhoods from clutter.
New regulations were adopted by the council last week, just in time for the city’s fall election schedule. They were initiated by Councilor-at-Large David A. Flaherty and gained approval of the Planning Board last month.
Flaherty this week said new regulations limit the size of signs as well as establishing a time element so they are not left on display after elections or events that they promote.
“This is something that people can understand and follow,” said Flaherty. “This is a rule to follow but the regulation also protects anyone’s right to free speech,” he said.
Ward 2 Councilor James E. Brown Jr., chairman of the council’s Legislative and Ordinance Committee, said “we believe the ordinance is very cognizant of the First Amendment rights. It makes sense and protects free speech.”
The issue of free speech surfaced last month as Brown’s committee debated proposed regulations governing signs. Northampton ALCU lawyer William C. Newman sent council members a letter reminding them of First Amendment rights and the mandate to protect free speech.
Newman’s letter addressed several points of preliminary ordinance language and drew council attention to the free speech issue.
“At a minimum, a municipality may not treat political speech less advantageously than commercial or other speech,” Newman wrote.
The rewritten ordinance regulates temporary signs that pertain to campaigns, sales, promotions, drives or events of political, civic, philanthropic, educational or religious organizations.
Signs in residential areas must not exceed six square feet, must be placed within property lines and must not be illuminated. Signs placed in business districts must comply with requirements of business areas.
Moving parts are not allowed on signs and they can not be displayed more than two months prior to an event, cannot be displayed more than four months in any calendar year and must be removed within five days following the event date.
Signs also cannot be posted on public property.