A political sign for Dan Allie, a candidate for City Council, is one of several placed around the Ward 2 area of the city. (Photo by Frederick Gore)
WESTFIELD – Political signs are going up, and being taken down, as the political season creeps closer and the city zoning ordinance regulating temporary signs is tested. The signs are allowed within 60 days of an election, either preliminary or general, but with deadlines for submitting papers on August 6, zoning enforcement becomes a moving target.
The current temporary sign regulation was approved two years ago close to the general election and was not in place for the preliminary election as it is this year.
Building Superintendent Jon Flagg, as the city’s code enforcement officer is required to enforce the temporary sign ordinance, which requires interpretation of the language adopted by the City Council.
The ordinance, Section 8-10.3, paragraph 3 reads:
3. Temporary Signs pertaining to campaigns, sales, promotions, drives or events of political, civic, philanthropic, educational or religious organizations shall be permitted provided such signs:
a. In Residential Districts
(1) shall not exceed a size of six (6) square feet excluding incidental supporting frames or structures,
(2) shall be within the lot line,
(3) shall not be any higher (the top) than eight (8) feet from the ground,
(4) shall not be illuminated or light emitting.
b. In all Business and Industrial Districts:
(1) must comply with the requirements for signs in that district
c. In all Districts:
(1) signs that are different but substantially equivalent for the same candidate/cause/event shall be considered the same sign,
(2) shall not contain moving elements,
(3) shall not be displayed more than two (2) months prior to the event,
(4) shall not be displayed more than four (4) months in any calendar year,
(5) shall be taken down within five (5) days following the event date,
(6) shall not be located in an area or manner that would prevent the driver of a motor vehicle from having a clear and unobstructed view of official traffic control signs and approaching or merging traffic,
(7) shall not be posted on public property (09/01/2011)
The language appears to be explicit and clear, until it is time to enforce it, at which time it becomes a judgement call.
The preliminary election, to cull the field of candidates, is slated for Tuesday, Sept. 24, and the general election will be held on Tuesday, Nov. 5. The 60-day period of the preliminary election sign display started July 24, while the display period for the general election will begin on Sept. 5.
One candidate, Daniel Allie, put out his campaign signs several weeks prior to the start of the 60-day preliminary display period, but further muddles the enforcement picture by being a potential candidate for two different posts.
“We had a couple of complaints and I told him to take his signs down until they were allowed by zoning,” Flagg said Monday. “He put his signs back up on July 24.”
Flagg said Allie appears to be in compliance with the ordinance regulating temporary signs. However the issue is complicated by the fact that Allie has taken and returned nomination papers for both the Ward 2 City Council seat and also for an At-large City Council seat.
Both sets of nomination papers have been verified and Allie does not have to “declare” which post he will seek until Aug. 22.
The problem, Flagg said, is that Allie is in compliance if he is a candidate for the Ward 2 City Council seat, and if there is a preliminary election for that post, which appears to be the case.
Four candidates have taken out nomination papers. Allie, Ralph Figy and Carl Vincent have all returned those papers and the signatures have been validated by the Board of Registrars.
The fourth set of nomination papers were taken out by Brian Winters, the Ward 2 incumbent, by order of a Superior Court judge, who has not returned the nomination papers for signature verification.
Flagg’s situation is that if Allie declares himself as an At-large candidate, his signs are in violation and would have to be taken down again until the general election display period begins.
“If that is the case he would have to take them down and put them back up on Sept. 5, (the beginning of the 60-day campaign season for the general election),” Flagg said.
The other factor is that candidates can withdraw from the campaign until Aug. 22, which could change the field of candidates and eliminate the need for a preliminary election for that post.
Currently there are three possible candidates for the office of mayor. Two candidates, incumbent Daniel M. Knapik and Michael L. Roeder, have returned their nomination papers which have been certified by the Registrars. The third candidate, James A. Williams Sr., has taken out papers, but has yet to return papers. The deadline to return nomination papers is Aug. 6.
Flagg said the three mayoral candidates can erect campaign signs for the preliminary election, but would have to remove the signs, until Sept. 5, if one of the three candidates drops out of the race and eliminates the need for a preliminary election.
The only other contest were there may need to be a preliminary election is the Ward 2 seat on the Municipal Light Board where three candidates, Ramon Rivera, Mark Noonan and Lynn Boscher have taken out nomination papers.
