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� � v <br />TO: <br />FROM: <br />DATE: <br />RE: <br />ORDINANCE 95-10 <br />INDIAN RIVER COUNTY <br />INTER - OFFICE MEMORANDUM <br />Stan Boling, Director, Planning Division <br />Terrence P. O'Brien, Assistant County Attorney%yrrU <br />May 23, 1995 <br />POLITICAL SIGNS IN RIGHT-OF-WAY <br />This office has been asked if the County can allow political signs in <br />County rights-of-way. <br />In general, the County has control of those items that may be placed in <br />County right-of-way consistent with safety standards and statutory <br />restrictions. With respect to statutory restrictions Section 106.1435 (3) , <br />F.S.,, as % s <br />c <br />(3) Pursuant to Chapter 479, no political campaign <br />advertisement shall be erected, posted, painted, tracked, <br />nailed, or otherwise displayed, placed, or located on or above <br />any state or county road right-of-way. <br />This would at first blush lead you to the conclusion that no political <br />signs may be placed in county right-of-way. The only thing that <br />clouds this interpretation is the phrase "Pursuant to Chapter 479" . <br />This chapter primarily pertains to and regulates advertising on any <br />highway on the state highway system, interstate highway system, or <br />federal -aid primary system. Further, Section 479.155, F.S. , states as <br />follows: <br />"The provisions of this Chapter shall not be deemed to <br />supersede the rights and powers of counties and <br />municipalities to enact outdoor advertising or sign ordinance." <br />It appears from the foregoing, that, until legislation to the contrary is <br />enacted or until judicially determined otherwise, the County has the <br />power, Section 106.1435(3) notwithstanding, to regulate in County <br />right-of-way the placement of political signs and other non -traffic <br />related items. <br />TPO/sw <br />57 <br />MAY 319 1995 <br />ATTAM%M f 4 <br />BOOK 95 PACE 274 <br />