City Attorney Recommends Hands Off "Flying Donuts" Until City Sign Ordinance Can Be Reviewed

Friday, June 20, 2014

City Attorney Wade Hinton is recommending that the city hold off on any enforcement action involving a Koch's Bakery mural called "Flying Donuts" until the city sign ordinance can be reviewed.

City sign inspectors say the large mural on 20th Street near the South Broad Street bakery technically violates the city sign ordinance because it constitutes advertising.

Attorney Hinton said a similar issue arose some years ago. But he said the sign ordinance was not reviewed at that time.

He wrote this memo to Travis McDonough, the mayor's chief of staff:

As you are aware, members of Council and the Mayor’s staff have asked this office to review the sign ordinance.  During initial discussions with staff members of this office, I was informed that a similar issue was brought before City Court years ago.  While a question regarding the ordinance's enforceability was raised at that time, we do not believe a review of the ordinance took place.  With this history in mind, I would recommend delaying any additional action against the owner of the business referenced above until this office has completed its review and City Council has an opportunity to consider potential clarifications of the ordinance.

The mayor's office said,"Please know that the Mayor’s Office has spoken with the City Attorney’s office, Land Development Office, and Councilman Anderson about the current sign ordinance in the City Code and we have tasked the City Attorney’s office with reviewing it. We have also spoken with Ms. Davis, the business owner, to assure her we are looking into this issue."


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