The city should change its code barring residents from displaying political signs year round, the Carson City Planning Commission said Wednesday.
Political signs have to be removed 14 days after an election under city code. The city would change the code if the Board of Supervisors accepts the planning commission's recommendation.
City staff asked the district attorney's office to look at the issue after they got several complaints about signs in yards and on garages following the November election.
Joel Benton, senior deputy district attorney, said in an interview he saw several court cases where time limits on signs were struck down because they violated free speech.
"I haven't seen a case where it could stand a challenge," he said.
None of the cases was in Nevada, but Carson City would probably lose a lawsuit over the sign code, he said.
Commissioner Craig Mullet said in an interview he was concerned about the possible clutter and nuisance signs could cause.
"The public has some rights as well," he said.
Signs would have to be on private property, he said. The code change also would make sure signs supporting the military would be protected, he said.
Signs still could only be at most 8 feet tall and have an area of 32 square feet if the code is changed.
Planning staff also supported the code change.
The city needs to make sure to follow the Constitution, Planning Director Lee Plemel said in a report. Most residents take down their signs soon after an election anyway, he said.
"As many sign codes directly on this issue across the country have been struck down, it would seem prudent to fix this apparent small flaw in the current sign ordinance to prevent further legal issues in the future," he said.
But Bill Miller of Carson City said in a letter to the city that the code change would "turn into a can of worms."
Political signs are just advertisements for politicians and should be removed in a reasonable time, he said.
"In any society, you have to have rules of limitation for your citizens such as not throwing litter out a window, or leaving your garbage bags anywhere you want," he said. "What is the difference in a sign, which eventually deteriorates into litter?"
- Contact reporter Dave Frank at dfrank@nevadaappeal.com or 881-1212.