An initiated ordinance amending Chapter 15.28 of the Rapid City Municipal Code relating to off-premises signs
Explanation: The Initiated Ordinance amends the City’s sign code to impose additional restrictions on off-premises signage within Rapid City. Off-premises signage includes signs commonly known as distance between off-premises signs (reducing the available locations for new off-premises signs within the City), and clarifies that commercial speech is not favored over other speech communicated on off-premises signs. The Initiated Ordinance contains an exemption intended to prevent its application from resulting in a taking of private property and a standard severability provision.
If a court of law finds a portion of the Initiated Ordinance to be invalid or unconstitutional, the severability provision limits that finding to the invalid or unconstitutional portion of the Initiated Ordinance. The remainder of the Initiated Ordinance would remain legally effective. Owners of off-premises signs have threatened the City with litigation if the Initiated Ordinance is enacted.
- If the Initiated Ordinance is enacted, new off-premises electronic signs will be prohibited and the distance between new off-premises signs will be increased
- If the Initiated Ordinance is not enacted, the City’s current regulations will remain unchanged
- A “YES” vote is for the enactment of the Initiated Ordinance to prohibit new electronic off-premises signs and to increase the distance between off-premises signs.
- A “NO” vote is against the enactment of the Initiated Ordinance, leaving the City’s regulations unchanged.