14-1408 Adding Chapter 58, Human Sign Spinners

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WHEREAS, the City of Casselberry finds and determines that sign spinners have been characterized as different than an average sign that remains placid in that their animation (through movement) captivates every set of eyes on the road, and that such spinners convert main streets and boulevards into giant check -out lanes; WHEREAS, the City of Casselberry finds and determines that it is important that the City exercise control over public property and the public right of way where sign spinning activity directed to passing motorists is occurring, and that enforcement of the law extend not only to Municipal Code Enforcement but also to the [Casselberry Police Department]; WHEREAS, the internet provides examples of sign spinners at work at such sites as http: / /www.youtube.com /watch ?v= 2EfjjKDjdg4k (last visited June 16, 2014), and http: / /www.youtube.com/ watch ?v= eSGjQyEVzEo &feature = related (last visited June 16, 2014); WHEREAS, the City of Casselberry finds and determines that there are ample alternative modes of communication for disseminating commercial messages, including permanent and temporary onsite signs, and an array of other advertising mediums that extends to and includes the internet, radio, television, print media, direct mail, pamphlets, and the like; WHEREAS, the City of Casselberry finds and determines that the regulation and prohibition of the nuisance described herein shall not limit the City from addressing any other proliferation of sign spinning outside of public property and public rights of way to the extent that it is determined to be appropriate or necessary to do so; WHEREAS, the City of Casselberry finds and determines that the district court in the Granite - Clearwater decision addressed a restriction in the Clearwater Code at Section 3- 1803.S which prohibited signs that are "carried, waved or otherwise displayed" in public rights -of -way or "in a manner visible from public rights -of -way" and "directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags or other signage by persons demonstrating in demonstrations, political rallies or similar events," and found that the restriction was content or viewpoint - neutral and justified by Clearwater's stated interests in safety and aesthetics, and that the additional guidance provided in that provision assures that government officials are not given unbridled discretion [see Granite State Outdoor Advertising, Inc. v. City of Clearwater, Fla. (Granite - Cleans ater), 213 F.Supp.2d 1312, 1340 -1341 (M.D.Fla. 2002), affd in part and rev'd in part on other grounds, 351 F.3d 1112 (11th Cir. 2003), cent. denied, 543 U.S. 813 48 (2004); WHEREAS, it is a clear that the Supreme Court has repeatedly acknowledged the line between non - commercial speech and commercial speech (see Infinity Outdoor, Inc. v. City of New York, 165 F.Supp. 2d 403. 423 -425 (E.D.N.Y. 2001), and that the definition for commercial advertising sign set forth herein sufficiently satisfies constitutional scrutiny in its identification of commercial speech; WHEREAS, the City of Casselberry finds and determines that it is appropriate to adopt this ordinance for the reasons hereinabove set forth;