Hoosiers Asked to Keep Campaign Signs Out of Rights of Way

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Hoosiers Asked to Keep Campaign Signs Out of Rights of Way

The Indiana Department of Transportation urges political candidates and their supporters to keep our roads free from encroaching campaign signs for the safety of the motoring public. The signs can block visibility for traffic entering and exiting the roadway at intersections and driveways.

Areas that should remain sign-free include intersections, interchanges and rights of way that run along the roadway. Where the right of way is not clearly marked, boundaries may be estimated as the fence line, the back of the ditch or behind utility poles.

State of Indiana Sign Removal Code

Indiana Code 9-21-4-6 authorizes INDOT and local governments to remove advertising signs from their public highways. INDOT staff removes encroaching signs as part of their normal maintenance activities and takes the signs to a nearby INDOT maintenance facility, where they may be reclaimed by their owners.

For hours of operation or to report signs blocking visibility, contact your regional INDOT district. A map of INDOT’s districts and subdistricts and contact information is at: http://entapps.indot.in.gov/dotmaps/districtmaps.

FOOTNOTES:  EARLIER THIS WEEK THE CITY COUNTY OBSERVER CONTACTED THE OFFICIALS OF THE INDIANA STATE HIGHWAY COMMISSION AND FILED A FORMAL COMPLAINT AGAINST ALEX SCHMITT BECAUSE OF THE PLACEMENT OF HIS POLITICAL SIGN ON THE STATE-RIGHT-AWAY ON EAST LLOYD HIGHWAY NEAR HARRISON HIGH SCHOOL.

WE ARE EXTREMELY PLEASED THAT THE INDIANA STATE DEPARTMENT OF TRANSPORTATION AGREED WITH OUR ASSERTION THAT  MR.  SCHMITT’S  POLITICAL  SIGN WAS INDEED PLACED ON THE STATE RIGHT- AWAY AND THEY TOOK IT DOWN ON TUESDAY OF THIS WEEK.  YOU CAN EXPECT THAT THE CCO SHALL FILE FORMAL COMPLAINTS AGAINST ANY OTHER POLITICAL CANDIDATES THAT PLACE THEIR POLITICAL SIGNS ON STATE OR CITY RIGHT-AWAYS!

 

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6 COMMENTS

  1. It appears that Winnecke’s pal is coming into the political arena with the “right attitude.’ He seems to think that whatever belongs to the taxpayers is there for him to use as he pleases.

      • Um, not really. The only one who went down was Schreiber only because Bolin couldn’t keep his rape scandal under wraps anymore. Hargis, Elpers, Mercer, who am I missing? Laura Brown? All won. Winnecke has seemingly unstoppable political power in this town.

  2. We don’t need anymore of Winnecke’s handpicked scofflaws in local government. Schmitt hit the ground breaking the rules, a lightweight unfit for government service. His huge sign at Lincoln and Outer Lincoln is obnoxious and reason enough not to vote for him.

    • Almost forgot to add that if the Department of Transportation didn’t bill Schmitt’s campaign for the sign removal they should have.

  3. Below is a link to a sign handout that was given to all candidates back in 2012. While I cannot be sure, I do not believe the Election Board still provides this public service information, which is sad since it is vital and first time candidates may not know it.

    Please note that at the time it was published, the person that whined the loudest was none other than Wayne Parke. Surprised, right? Wayne protested and derided this handout, and refused to assist by giving it to Republican candidates.

    The purpose of the packet, which was given to candidates when they filed in 2012, was to inform them of the proper placement of campaign signs according to Evansville City Codes, Vanderburgh County Codes, Indiana State law, and Indiana Department of Transportation regulations.

    These codes generally say:

    Signs, banners, stickers, and other types of signage may not be placed on public property including:
    *** Right-of-way. (Generally, ten feet from the side of the road is outside the right-of-way).
    *** Utility and telephone poles, trees and utility boxes or similar public property.
    *** Bridges, walkways, overpasses, etc.

    *** Signs must not block visibility, including residential driveways.

    Now, the code (City, County, State, Federal) can be outlined as follows:

    Prohibitions and Violations
    *** A sign erected at a location where it may interfere with, obstruct the view of or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would present a traffic hazard as determined by the Metropolitan Planning Organization
    *** No person shall place or maintain a sign in, on or over the area of the street between the curb lines or in any alley right-of-way in the City.
    *** No person shall place a sign in, on or over the grassy area of any boulevard.
    *** No person shall place or maintain a sign in, on, or over the grassy area between the curb and the public sidewalk.
    *** No person shall place any sign in, on, or over any public sidewalk.
    *** No person shall damage the pavement, curb, or sidewalk in the installation of any sign or place any writing or markings upon any pavement, sidewalk, curb or City-installed sign. The property owner may have the numerical address of the property placed upon the curb.
    *** No person shall place or maintain a sign in, on or over the traveled (i.e., paved) portion of a street except as provided in this municipal code.
    *** No person shall place or attach any sign to a street light pole, utility pole, tree within the right-of-way, City-installed sign, or other apparatus authorized to be in a City right-of-way.
    *** No person shall place a sign advertising any business or sale of a product or service by a business in the public right of way.
    *** No signs of any kind shall be attached to or placed on a building in such a manner as to obstruct any fire escape or any window or door, nor shall any sign be attached in any form, shape, or manner to a fire escape.
    *** No ground sign shall be so erected as to obstruct free access to any building, nor shall the signs be so erected as to unduly obstruct the view of traffic on intersecting streets or highways.

    Special Notation about Political Signs (First Amendment signs)

    **” First Amendment signs may be placed in the right-of-way so long as they do not lie between the outside (house or principal building side) of the public sidewalk and the paved portion of the street or in any boulevard or area mowed by the City or its contractor, and the person placing the sign has the consent of the property owner in front of whose property the sign is to be placed. Said First Amendment signs may not be placed on or over any paved portion of the street or sidewalk or on any tree, street light pole, utility pole, sign or apparatus placed or authorized by the City to be in the right-of-way. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement. No First Amendment sign shall be placed in any location that presents a sight distance problem for vehicular traffic”

    Now for some fun, who gets to remove signs from candidates who violate the law:

    Removal of Signs
    ***Signs found in violation of this section may be removed by the employees of the Parks Department, Board of Public Works, Levee Authority, Water and Sewer Utility, Department of Code Enforcement, Building Commissioner’s office, Area Plan Commission office, and Police Department, or utility company employees who have utilities in the right-of-way or the owner of the abutting property.
    *** Additionally, the Mayor may designate in writing such other persons to enforce the provisions of this section as the Mayor deems appropriate, including, but not limited to, members of not-for-profit organizations dedicated to the beautification of the City.

    In terms of that last paragraph, this can be carried out by registered neighborhood associations, and also by Keep Evansville Beautiful personnel.

    Finally, I think people who willfully violate local ordinances should be held responsible. Can we do that? Yes, we can

    Penalty.
    *** Any person who places, maintains or displays a sign in violation of this section or any person who places a mark or wording on a City-installed sign or upon a sidewalk, curb or pavement in violation of this section shall be subject to a fine of $25.00 per violation. If any such City sign, sidewalk, curb or pavement must be repaired or replaced because of a violation of this section, then cost of such repair or replacement shall be added to the fine imposed in this subsection. Each day such a sign is maintained in violation of this section shall be a separate offense.

    OK, here is the location of the original packet:

    https://www.dropbox.com/s/bvubn0mdo75bzwa/Political%20Candidate%20Signage%20Packet%206.5.12.pdf?dl=0

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