14-1408 Adding Chapter 58, Human Sign Spinners

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ORDINANCE 14 -1408 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA; AMENDING THE CITY OF CASSELBERRY CODE OF ORDINANCES, BY ADDING CHAPTER 58, ARTICLE VIII, NUISANCES CAUSED BY HUMAN SIGN SPINNERS ON PUBLIC PROPERTY AND PUBLIC RIGHTS OF WAY DIRECTING COMMERCIAL MESSAGES TO PASSING MOTORISTS, PURPOSE, INTENT, AND FINDINGS, DEFINITIONS, APPLICABILITY, PENALTY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City of Casselberry finds and determines that the temporary display of commercial signs placed on public property and public rights -of -way should be prohibited on grounds of traffic safety; WHEREAS, the City of Casselberry finds and determines that there is a nuisance posed by the display of commercial signs that are held or controlled by human sign wavers, twirlers, and spinners (herein collectively referenced as "sign spinners ") while standing or sitting on public rights of way, where one or more commercial sign messages are directed and /or otherwise oriented in whole or in part to passing motorists and vehicular traffic transiting nearby or adjoining streets and highways; WHEREAS, the City of Casselberry finds and determines that the nuisance posed, by the foregoing conduct is a serious threat to public safety; WHEREAS, the City of Casselberry finds and determines the display through movement of commercial signs by sign spinners while located on public property or public rights of way may be addressed under a sign ordinance, but may also be addressed by a separate stand -alone nuisance ordinance due, in part, to the imminent and /or potential threat to public safety that requires regulation; WHEREAS, the City of Casselberry finds and determines that there has been an expanding proliferation of sign spinners that are distracting passing motorists throughout the City by their display of commercial messages that are intended to attract or that do attract the attention of drivers, and that there is a need for regulation in the form of a stand -alone nuisance ordinance to prohibit sign spinning or similar conduct while on public property or public rights of way; WHEREAS, the City of Casselberry finds and determines that the regulation of commercial speech, in contrast to noncommercial speech, is not prohibited on First Amendment grounds and that the prohibition of sign spinning on public property or public rights of way is not based upon the content of any particular commercial speech, but is intended to be a content - neutral regulation;