ILLEGAL SIGNS ENFORCEMENT
Q. What is Solid Waste Management?s role in illegal signs enforcement?
A. The Division of Public Works, Bureau of Solid Waste Management, is responsible for enforcing the City?s illegal sign ordinance.
Q. What constitutes an illegal sign?
A. Basically, any unauthorized signage placed on public property.
Q. What does the illegal sign ordinance state?
A. You may access and read this full ordinance. Click Here to download and view a printable copy in PDF format.
Q. How long has there been an illegal sign ordinance?
A. Approximately 38 years (since 1967).
Q. Is there more emphasis being given to enforcing the illegal sign ordinance now than before?
A. As with any ordinance, enforcement is always a challenge and, over the years, the degree of enforcement has varied depending on available resources. In late 2004, the Division of Public Works assumed responsibility of removal and enforcement from the Division of Public Services and, since that time, Public Works has developed a program of enforcement which is consistent with the intent of the ordinance, leaving the determination of penalties up to the courts.
Q. What is public property?
A. As it relates to illegal signs, public property is generally considered to be, but not limited to, street right-of-ways or easements, (typically, the grassy area between a sidewalk and curb) medians and poles such as stop signs, telephone, power or light poles located along City streets. Public property may also be bridges, overpasses, sidewalks, curbs, buildings, trees, railings, fences, utility boxes, traffic control boxes, public buildings etc.
Q. What is the illegal sign removal process?
A. Crews will systematically remove illegal signs in designated areas on a daily basis. The designated areas are assigned by a manager, who also investigates to locate violators and to issue citations. Signs that have been removed are logged by location and message, held for future reference in prosecution, then disposed. Signs will not be returned to the violator.
Q. How is the illegal sign ordinance enforced?
A. Illegal signs will be removed by Solid Waste Management crews, logged according to location and subject matter, stored and investigated to determine the responsible party. Offenders will be subject to receiving a citation issued in person by Solid Waste Management personnel.
Q. What does the illegal sign citation state?
A. The citation indicates the violation and directs the person to appear in General Sessions Court on a certain date and time. Failure to appear in court may result in a bench warrant being issued for the arrest of the violator.
Q. What are the penalties for illegal signs?
A. Each separate violation (illegal sign) is punishable by a fine of $50, plus court costs, however, the final penalty is at the discretion of the presiding judge.
Q. What about repeat offenders?
A. Repeat offenders are subject to further penalties by the court. Repeat violators are also subject to court orders which may require the convicted person not to place any more illegal signs for up to 10 years. Violations of court orders are subject to additional fines and possible incarceration. Again, penalties are assigned by the court, not by Public Works or Solid Waste Management.
Q. What about campaign signs placed on public property?
A. The ordinance does not distinguish between the subject matter of signs and it does not exempt anyone from placing signs on public property. Therefore, campaign signs are subject to removal if placed on public property. Individuals running for public office should become familiar with the City?s illegal sign ordinance and instruct their campaign workers to comply accordingly.
Q. Does Public Works monitor the number of signs removed?
A. Removal crews log each sign and record the date, location, and subject matter in a database on a daily basis.
Q. What is the most common illegal sign?
A. Signs vary by type, such as staked signs, pole signs, etc. The subject matter of illegal signs vary as well, but generally, event promotions, lost and found pets, garage sales, house buyers/sellers, insurance and dental plans, tree cutters etc and campaign signs are common.
Q. Is there a phone number to call for information or to report illegal signs?
A. Call 789-4923.
Q. Can individuals or groups remove illegal signs?
A. Solid Waste Management encourages the public to report illegal signs to the Illegal Signs Department at 789-4923. However, the City will not be responsible for the actions of individuals or organizations that remove signs. Additionally, signs removed by non-City employees will not be accepted by the City or used to prosecute illegal sign violators.
Q. Are other government agencies involved in illegal sign enforcement?
A. Memphis & Shelby County Code Enforcement is also involved and Shelby County Government has an illegal sign ordinance too. For information call 901- 379-4350. Also, there are various community groups and individuals that monitor and report illegal signs to the City.