Billboard Consent Agreement
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Thoughts on the Billboard Consent Agreement
-- August 23, 2006
Shortly
after passage of an ordinance which among other things set higher license fees
on billboard structures and required regular safety inspections, Clear Channel,
CBS and Steen filed a lawsuit against the City declaring that the license fee
was a tax on free speech and violated constitutional rights. The City rather
than defend the law held secret meetings with the industry to discuss a settlement
agreement.
The City Solicitor used this lawsuit as a vehicle to assume legislative powers
and enter into an unlawful agreement with private parties.
The Certified Agreement as it exists today ignores 40 years of
existing laws enacted by local, state and federal lawmakers which have set limits
on size and height and location and which were passed to benefit the public
health, safety and welfare.
The agreement would license many existing billboards that:
- Exist without lawful permits
- Are much larger and higher than stated on the permit
- Have received violation notices
- Are located in areas protected by zoning codes
- Are permitted for an on-premise sign not a billboard The Agreement fails
to comply with 40 years of local, state and federal laws:
- 1965 -Federal Highway Beautification Act
- 1971 -Outdoor Advertising Control Act of Pennsylvania
- 1975 - Philadelphia General Outdoor Advertising Controls
March 8, 1985- Philadelphia Bill No 20 which prohibits non-accessory signs
in C-2 zoning districts
- 1988- (Philadelphia Zoning Code 14-1604.1) Special Sign Controls for
the Area Surrounding the Vine Street Parkway and Benjamin Franklin Bridge
Approach
- 1991 - Philadelphia Zoning Code 14-1604 Outdoor Advertising and Non-Accessory
Advertising Controls) which set distance limits to control the proliferation
of billboards near parks, playgrounds, residences, historic areas. Limited
the size, height and minimum distance from other billboards and required
removal of illegal billboards.
- 2005 – Philadelphia Zoning Code 9-602) increased annual license
fee to $650 a sign face and requires periodic engineer report to assure
safety of the structure. Monies generated would be used to provide much
needed financial resources to enforce billboard laws. This law is the
subject of the federal lawsuit.
This Settlement Agreement was made with no public participation and
without oversight by Philadelphia City Council
- Agreement circumvents existing laws regulating billboards
- Removes the enforcement powers of L&I to enforce the code
- Dismisses over 50 current enforcement actions against sign companies for
violations of the zoning code.
- Allows billboard companies to enlarge and heighten non-conforming billboards
which by law are prohibited and ignores requirements of the Federal Highway
Beautification Act.
Under the agreement there are only two parties who can complain:
The city and the billboard company. The agreement leaves out elected leaders,
L&I, the zoning board, community groups, residents, and watchdog groups
like SCRUB.
