Chandler Council OKs ordinance about right-of-way signs

By Jason W. Brooks
Mail | X: @JasonWBrooks2

The only item on the agenda at Monday’s special Chandler City Council meeting July 28 got unanimous approval.

Council voted 7-0 for final approval of an ordinance that authorizes the removal of “illegal” temporary signs posted in the public right of way and requiring signs to be marked with the name and phone number of the person or entity responsible for its posting.

Council doesn’t typically meet the fourth Monday of the month or have only one item on the agenda, nor does it hold many special meetings. But timing seemed critical on passing this ordinance, Mayor Kevin Hartke said.

Council could have waited until its Aug. 11 regular meeting for final adoption of the ordinance. But Chandler ordinances don’t become effective until 30 days after final adoption, and state law prohibits cities from removing political signs in a public right of way from 71 days before an election.

“If we wait until Aug. 11 to approve this, it wouldn’t be effective until Sept. 10,” Hartke told the council. “If we pass it tonight, it takes effect Aug. 27. The first day signs can be posted is Aug. 25. We’ll miss the starting date by a couple of days. But we can avoid unnecessary confusion, as well as retro action by the city and citizens.”

Hartke said the ordinance going into effect at the start of Chandler’s election season will still allow for staff to educate the public about main aspects of Ordinance 5133.

Council is taking a $475 million bond package proposal and two charter amendment proposals to voters on Nov. 4.

Councilmember O.D. Harris said he supports the ordinance, but wants to meet with mayor and council this fall to address sign content. He held up a July 14 work session in an attempt to convince Hartke and City Attorney Kelly Schwab to allow for an executive session or any other type of meeting prior to a vote on tentatively adopting Ordinance 5133 during its July 17 regular meeting, but they didn’t budge.

He said he wanted to add language to the ordinance that would address “false signs that attack citizens or businesses.”

Schwab told Harris that cities don’t regulate content historically and and have run into constitutional issues in regulating sign content.

Hartke said it was important to pass Ordinance 5133 this month, as the provisions are critical for the fall 2025 election cycle.

Schwab said that still will give city staff time to set up public education and begin enforcing provisions of the new ordinance as soon as it takes effect, even though that effective date will be a few weeks into the Arizona “hands-off” temporary sign period.

A staff report states the intent behind Ordinance 5133 is to ensure people or entities that post temporary signs in a public right of way are held responsible for the location and placement of signs.

It authorizes the city’s zoning administrator, or their designee — in Chandler’s case code enforcement officers — to remove “illegal” temporary signs from the public rights of way and require all temporary signs to be marked with the name and phone number of a responsible person or group.

We invite our readers to submit their civil comments on this topic. Email AZOpinions@iniusa.org.   Email Jason W. Brooks at jbrooks@iniusa.org.

Jason W. Brooks
News Editor | Chandler Independent

Jason W. Brooks joined Independent Newsmedia, Inc., USA, in July 2021 as an associate editor. After a year covering Buckeye, he has covered Chandler since the fall of 2022, in addition to assisting the Daily Independent throughout his time at INI.

Education: University of New Mexico, bachelor of arts in journalism and mass communication, print emphasis, English minor.

Random Fact: He and his siblings witnessed a Space Shuttle launch and landing in the same year in person, on opposite coasts.

Hobbies: Karaoke, bicycling and American Sign Language.

Community: He supports animal shelters.