Councilor questions balloon rules as city updates sign regulations

Whitefish City Council last week approved an update to the city’s sign ordinance.

The update was largely a housekeeping matter designed to make changes to the code that dealt with the criteria for approval of signs based upon content.

City Planning Director Dave Taylor said the text of the city’s sign code was changed to make sure it is not content-based.

As the result of a 2015 U.S. Supreme Court case cities around the country have been amending their sign code to remove references to content-based signs. If you have to read the sign to determine what regulation apples, then it is content-based, noted Taylor.

Municipalities are only allowed to regulate time, place and manner of signage, while the content is protected based on Freedom of Speech.

The changes are mostly concerned with signs found under the “exempt” category, which doesn’t require a sign permit. The changes clarify sizing and duration by location, whether the sign is commercial or non-commercial, and other criteria.

Councilor Frank Sweeney raised concerns about the portion of the sign code that lists balloons as falling under the rules of temporary commercial event signs.

Temporary commercial events signs — which includes display banners, pennants and streamers, among other items — are allowed only twice per year and for not more than 30 days. Businesses must apply for a special temporary event sign permit to qualify for displaying such items. The cost for a temporary sign permit is $50.

Sweeney said it seemed unfair to charge the same permit fee no mater the number of balloons and that it would be cost prohibitive to pay the permit fee for a small number of balloons.

“It’s one thing for the permit to be used for 100 balloons at a car lot, but it’s different if you want four balloons on a sandwich board downtown,” he said.

Council directed city staff to look into the issue further and return with potential options.