HomeMy WebLinkAboutResolution 2010-44 Repeal Resolution 2009-59 General Sign Specifications-Electric Message Board .
RESOLUTION NO. 2010-44
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, REPEALING RESOLUTION 2009 -59 RELATED
TO THE CITY'S EXISTING PERMANENT MONUMENT
SIGN IDENTIFYING THE WINTER SPRINGS CITY HALL;
MODIFYING THE GENERAL SIGN SPECIFICATIONS
RELATED TO THE ELECTRONIC MESSAGE BOARD
FEATURE OF 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 modifying the general sign specifications for the 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 government 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 government functions of tee 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
government 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 government 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
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
concerns 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, 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, modifying 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 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,
City of Winter Springs
Resolution 2010 -44
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legislative and other public business related to the government 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 concerns 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 must be a static, stationary display and may not scroll,
blink, flicker, flash, twirl, pulsate, project animated images or videos, or imitate movement in
any manner. In addition, the copy area will not change more frequently than every five (5)
seconds, and shall take no more than two (2) seconds to transition between messages. When the
copy area changes, the screen shall not produce a visible flash or other side effect. These
restrictions shall not prohibit the dissolving, fading or replacing of one message with another
message. 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.
Section 4. Repeal of Resolution. Resolution No. 2009 -59, adopted by the City
Commission on December 14, 2009, is expressly hereby repealed in its entirety.
Section 5. 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 6. 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
City of Winter Springs
Resolution 2010 -44
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Commission at their next regular meeting or special meeting for further consideration which may
include amending or repealing this Resolution.
Section 7. 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 th'b 13th day of Septemb r 2010. 649"
J F. BUSH, Mayor
ATTST(
1
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• k 1 14 d* 41' 1 RENZO - LUACES, City Clerk
Approved as to legal form and sufficiency for
the Ci Winter Springs only:
ANTHONY A. GARGANESE1 City Attorney
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City of Winter Springs
Resolution 2010 -44
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