Wayne Birkholz, St. Joseph
In March of 2014, the City of St. Joseph was the defendant in a legal case challenging the city’s refusal to provide a permit for a dynamic sign on Old Hwy. 52 in St. Joseph. The city’s argument was that it was an expansion of use and the city’s sign ordinance expressly forbids dynamic signs in residential areas. Summary judgment was granted in favor of the city. The case number is 73-CV-14-2604.
The dynamic sign in front of the Government Center is in clear violation of the city’s sign ordinance.
Subd. 2 Signs can potentially create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 7: g) 7: The following types of signs are not permitted in any residential district: 7. Flashing signs Subd. 12: a), Findings: Based on studies related to the use of dynamic sign displays and driver distraction, the City finds dynamic signs, as defined by this Section have a unique potential to create driver distraction, a major cause of traffic crashes . . . Subd. 12: b) 7. No dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel.
Taken from the Minnesota Department of Public Safety website are the pedestrian crash statistics for 2016.
Pedestrian deaths climbed again in 2016 with a preliminary figure of 60 fatalities compared with a final figure of 41 in 2015. This is the highest number of pedestrian deaths since 1991 (61) and a 50-percent increase in fatalities in the past five years (2012–2016). Driver distraction is a leading cause of pedestrian/vehicle crashes.
The sign is clearly a distraction to drivers. It’s designed to grab the attention of readers as its intended purpose is a billboard. The city is also using the sign as a billboard.
A $55,470 sign that is in violation of the city’s sign ordinance, serves no public benefit and is a distraction to drivers and the safety of pedestrians must be remedied by the full accountability of those responsible for approving the sign.
The sign needs to be removed immediately.