Pro 2nd Amendement Sign removed by Police

[sjc3081]

http://www.theblaze.com/stories/2013...blew-him-away/

Sad but expected in NY. As a retired NYC Police Officer this is disappointing but predictable.

[Alex V]

The Somers NY Thought Police will soon take this man into the Ministry of Love...

[Army Chief]

First read-through didn't really provide much in the way of background details. Sign ordinance/placement issue, or something personal? Don't really want to credit anyone with false motivations, for or against.

AC

[austinN4]

Most city codes prohibit private purpose (non government) and commercial signs in the public rights-of-way. What most people don't understand is that this ROW extends up into what they think of as their yard.

For example, in Austin, the ROW extends 10 feet into the yard from the edge of the curb. The first expansion joint of driveways is even set by code to be along this line.

Courts have held over and over again that removal of private purpose (non government) and commercial signs from the ROW does not constitue a violation of free speech.

Most police or code enforcement departments, however, extend the courtesy of a notice to the sign owner, especially at a single family dwelling, of pending removal so the sign owner can remove it himself and retain possession of his property (the sign).

[Alex V]

Most city codes prohibit private purpose (non government) and commercial signs in the public rights-of-way. What most people don't understand itsthat this ROW extends up into what they think of as their yard.

For example, in Austin, the ROW extends 10 feet into the yard from the edge of the curb. The first expansion joint of driveways is even set by code to be along this line.

Courts have held over and over again that removal of private purpose (non government) and commercial signs from the ROW does not constitue a violation of free speech.

Most police or code enforcement departments, however, extend the courtesy of a notice to the sign owner, especially at a single family dwelling, of pending removal so the sign owner can remove it himself and retain possession of his property (the sign).

I agree 100%. I would imagine notice being given first that he is somehow in violation of the town ordinance, not just come there, kick the sign down and take it away.

He may have been in violation of the sign regulation according to the Somers Zoning Code:

[Amended 4-29-1965]
In residence districts, the following signs are hereby authorized:

A. One residence business or professional sign not exceeding 150 square inches for each residence.

B. One "for sale" or one "to let" sign not exceeding two feet by two and one-half feet, set back at least 20 feet from the street line in a Residence R80 District or not exceeding two feet by two feet, set back at least 15 feet from the street line in any Residence R40 District or not exceeding one and one-half feet by two feet, set back at least 10 feet from the street line in any Residence R10 District.

But he should have received a notice or fine, not having this bald doof kick his sign over.

[sjc3081]

I have some personal background info, the owner of the property and the sign was contacted by the town to remove the sign A lawyer advise the poster that political speech signs were exempt and Somers town attorney agreed that the sign was legally displayed. After that the sign was stolen from its location three times finally a trail camera was set up and caught the offender In NY these issues are handled b y the town code enforcement officer with a summons and a court date and court order to remove the violation.

[sjc3081]

[Amended 4-29-1965]
In residence districts, the following signs are hereby authorized:

A. One residence business or professional sign not exceeding 150 square inches for each residence.

B. One "for sale" or one "to let" sign not exceeding two feet by two and one-half feet, set back at least 20 feet from the street line in a Residence R80 District or not exceeding two feet by two feet, set back at least 15 feet from the street line in any Residence R40 District or not exceeding one and one-half feet by two feet, set back at least 10 feet from the street line in any Residence R10 District

IT IS A POLITICAL SIGN not a business or profession sign

[Alex V]

I have some personal background info, the owner of the property and the sign was contacted by the town to remove the sign A lawyer advise the poster that political speech signs were exempt and Somers town attorney agreed that the sign was legally displayed. After that the sign was stolen from its location three times finally a trail camera was set up and caught the offender In NY these issues are handled b y the town code enforcement officer with a summons and a court date and court order to remove the violation.

If he adhered to the Zoning Ordinance, then the cop was way out of line and should loose his job ASAP.

I built a bank in Somers NY, never had a problem with their Zoning board...

[Gutshot John]

You think that's bad...

Pittsburgh Residents Ticketed for Parking in their own Driveways.

[tb-av]

I agree 100%. I would imagine notice being given first that he is somehow in violation of the town ordinance, not just come there, kick the sign down and take it away.

Generally speaking they do not give notice. Then again the Police usually have more pressing matters to deal with and it's left to public works.

Sometimes they will notify say the local Association of Realtors who then notify their members not to place signs in easements. That sign was most likely in an easement.

Not that there wasn't an agenda but if they tried to notify everyone that placed something in an easement that alone would take forever.... and you don't always know who's sign it is.

It needs to be on your property... or private property with permission anyway, if not your property. Easements are usually a no go and you can absolutely count on someone taking them down and/or filing a complaint about them.