HomeMy WebLinkAboutResolution 2009-59 Electronic Message Board RESOLUTION NO. 2009-59
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, AUTHORIZING MODIFICATIONS TO THE
CITY'S EXISTING PERMANENT MONUMENT SIGN
IDENTIFYING THE WINTER SPRINGS CITY HALL;
ESTABLISHING A USE POLICY AND PROVIDING FOR
GENERAL SIGN SPECIFICATIONS RELATED TO THE
ELECTRONIC MESSAGE BOARD FEATURE WHICH WILL
BE INCORPORATED INTO THE EXISTING MONUMENT
SIGN; PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, Winter Springs City Hall ( "City Hall ") has been located at its current
location along East State Road 434 for approximately 20 years; and
WHEREAS, through the years, City Hall has historically and culturally been
unmistakably identified by the public as the central location for the City to conduct
administrative, legislative and other public business related to the government functions
of the City of Winter Springs; and
WHEREAS, the traveling public along State Road 434 has historically been able to
identify the location of City Hall by viewing the identifying message depicted on the
existing permanent monument sign which is currently erected at the front entrance of City
Hall; and
WHEREAS, the City Commission of the City of Winter Springs now desires to
commission an update and modification of the existing permanent monument .sign
currently erected at the front entrance of City Hall by incorporating into the sign an
electronic message board feature; and
WHEREAS, the City Commission finds it has a duty to communicate with the
public about the administrative, legislative and other public business related to the
govemment functions of the City of Winter Springs; and
WHEREAS, the purpose of the electronic message board feature is to permit the
City to use advances in technology to communicate more effectively with the public
through the electronic display of a variety of public service announcements selected and
controlled by the City in accordance with the use policy established by this Resolution;
and
WHEREAS, the use of the permanent monument sign at City Hall to electronically
display public service announcements selected and controlled by the City is appropriate
for the location in question and consistent and keeping with the historical and cultural
significance of City Hall as the central location for the City to conduct administrative,
legislative and other public business related to the govemment functions of the City of
Winter Springs; and
WHEREAS, the use of the permanent monument sign at City Hall to electronically
display public service announcements selected and controlled by the City is also
consistent with the image of the City that it wishes to project to all who frequent, or travel
by, City Hall; to wit: City Hall is a place where the City conducts administrative, legislative
and other public business related to the govemment functions of the City of Winter
Springs and where the City communicates public service announcements to the public;
and
WHEREAS, the City will pay for and erect the modifications to the permanent
monument sign without contribution from any public or private entity, and the City will
assume full responsibility for providing construction, maintenance and security for the
sign; and
WHEREAS, the United States Supreme Court has recognized that the government
can speak for itself and is entitled to select the views it wants to express and that
permanent monuments and signs can represent govemment speech. See, e.g., City of
Pleasant Grove v. Summun, 129 S.Ct. 1125 (2009) (Placement of a permanent
monument in a public park viewed as government speech and not subject to First
Amendment scrutiny); Wells v. City and County of Denver, 257 F. 3d 1132 (10 Cir.
2001) (City acted within its rights to control the contents of its own speech by prohibiting
private holiday display on steps of city building); and
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WHEREAS, the City will exercise complete supervision and control over the
electronic message board content, which will be limited to public service announcements
related to the administrative, legislative and other public business of the City of Winter
Springs, public health concems or emergencies, such as "boil water alerts," and "amber
or silver alerts," and, if space allows, notices of city sponsored events of general public
interest in accordance with policies established by the City; and
WHEREAS, it is also the intent and purpose of the electronic message board to
allow the City to promote its views and therefore, the electronic message board shall not
be used by any private business or to promote any businesses or private events; and
WHEREAS, the exception made for this permanent monument sign with electronic
message board feature will not weaken the direct link between the City's objectives of
promoting traffic safety and aesthetics and reducing visual sign clutter, and the City's sign
code prohibitions on certain types of signs; and
WHEREAS, this Resolution does not constitute an amendment to City's sign code;
and
WHEREAS, the City continues to prohibit the incoherent proliferation of electronic
signs, and as such the City will continue to ban electronic, animated and flashing signs,
City of Winter Springs
Resolution 2009 -59
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and the sign code will be enforced to prevent the uncontrolled erection of unsafe,
distracting and unattractive signs, and to eliminate sign clutter, as set forth in the City's
sign code; and
WHEREAS, this Resolution, authorizing a permanent monument sign with an
electronic message board feature, will not undermine the objectives of the City's sign
code, as the electronic message board feature constitutes a de minimis exception, and
the City's primary intention in modifying the permanent monument sign to include an
electronic message board feature is consistent and keeping with the historical and cultural
significance and identity of City Hall as the central location for the City to conduct
administrative, legislative and other public business related to the govemment functions
of the City of Winter Springs.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Commission
of the City of Winter Springs, Florida, as follows:
Section 1. Legislative and Administrative Findings. The above recitals
(whereas clauses) are hereby adopted as the legislative and administrative findings of
the City Commission. The City Commission finds and determines that there is
competent substantial evidence to support the findings and determinations made in this
Section.
Section 2. Policy for Use of Sign. This electronic message board feature
incorporated into the permanent monument sign located at the front entrance of City
Hall shall be used exclusively for public service announcements related to the
administrative, legislative and other public business of the City of Winter Springs, public
health concems or emergencies, such as "boil water alerts," and "amber or silver alerts,"
and, if space allows, notices of city sponsored events of general public interest in
accordance with any other implementing administrative policies established by the City
Manager. The sign will not be used to advertise or promote any private business or to
promote any businesses or private events.
Section 3. Sign Performance Standards. The copy area of the electronic
message board feature shall be no greater than twenty -four (24) square feet and shall
be incorporated into the existing permanent monument sign located at the entrance of
City Hall. Messages displayed through the electronic message screen may not scroll,
blink, flicker, flash, pulsate, project animation or videos. In addition, the copy area will
not change more frequently than every five (5) minutes, unless said change is due to a
sudden emergency that requires more than one screen to disseminate said information,
in which case the screen shall not change more often than every 30 seconds. When the
copy area changes, the screen shall not produce a visible flash or other side effect.
The electronic message board shall have a dimmer control to produce a distinct
illumination change from a higher illumination level (not to exceed 6,000 NITs, which is
the standard measure of brightness for electronic signs) during daytime use to a lower
illumination level (Not to exceed 500 NITs) during nighttime use and to account for
adverse weather conditions that reduce the amount of sunlight.
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City of Winter Springs
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Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions
or parts of resolutions in conflict herewith are hereby repealed to the extent of the
conflict.
Section 5. Severability. If any section, subsection, sentence, clause,
phrase, word, or portion of this Resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, or such court declares the
permanent monument sign with electronic message board feature a public forum, this
Resolution shall be immediately presented to the City Commission at their next regular
meeting or special meeting for further consideration which may include amending or
repealing this Resolution.
Section 6. Effective Date. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs,
Florida.
RESOLVED, by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled on the 14 day of December, 2009.
J F. BUSH, Mayor
ATTEST:
ANDA LORENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. ARGANESE, City Attorney
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City of Winter Springs
Resolution 2009 -59
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