Building Department Used for Political Purposes

[conarb]

Since when is the building department involved in signs mounted/painted on buses?

The bus has reportedly been stationed in a parking lot in front of an office building owned by Ayyadurai, who faces exceptionally long odds, for more than a month -- just a mile from Warren's home.

Earlier this month, the campaign received a notice from Cambridge building inspector Branden Vigneault that the signs lacked the appropriate "approvals and permits," according to local reports and the Ayyadurai campaign.

Vigneault threatened fines of $300 per day plus additional legal penalties if the signs remain in place, according to Ayyadurai.

“We will not remove the slogan from our bus,” Ayyadurai told The Washington Times. “We will defend the First Amendment, and we will fight this egregious attack on the First Amendment, at any cost.”

Ayyadurai's campaign reportedly thinks the building code doesn't apply to the signs because they're on a bus, not a structure.¹

Sounds like some building official's head should roll?


¹ http://www.foxnews.com/politics/201...ells-him-to-stop-calling-her-fake-indian.html

 

[cda]

Well when it is parked in the same place for five years,,,


Is it a bus

Or

Is it a sign??

 

[conarb]

Well when it is parked in the same place for five years,,,


Is it a bus

Or

Is it a sign??

Can it be a structure subject to the code?

 

[cda]

There are other codes/ zoning/vehicle code, etc that can apply

 

[conarb]

Coming from the building inspector? Cambridge building inspector Branden Vigneault that the signs lacked the appropriate "approvals and permits,"

 

[Francis Vineyard]

Note each state and locality manner of enforcement may be different from your own.
In reference to enforcement building inspectors may be in charge of local zoning ordinance of mobile billboards as well as state building codes.

 

[JCraver]

Um, yeah. I do building, planning, zoning, and code enforcement, so this would fall to me; as I expect it fell to the guy in the article. My official City title is "Building Official".

This is covered in the International Zoning Code (1006.1), which we modeled our Sign Code after. It specifically prohibits these signs:


§ 152.41 PROHIBITED SIGNS.
(A) Prohibited signs. The following devices and locations shall be specifically prohibited:
(5) Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
(a) The primary purpose of such a vehicle or trailer is not the display of signs;
(b) The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle; and
(c) The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
(6) Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public; and


So, the building inspector was probably in the right. As much as some of us don't like some of these codes/rules/laws, we still have to follow and enforce them.

 

[mtlogcabin]

It is a political election/campaign sign. Good luck on trying to enforce local ordinance on that one.
Locally you can restrict the time frame they can go up and when they have to be taken down and to my knowledge that is all the courts have restricted election/campaign signs to.

 

[cda]

It is a political election/campaign sign. Good luck on trying to enforce local ordinance on that one.
Locally you can restrict the time frame they can go up and when they have to be taken down and to my knowledge that is all the courts have restricted election/campaign signs to.

Yea, when lawyers make the laws, seems like the make them in their favor?????????????


My question has been,,

If they are not on private property, Who Owns the sign???? As in can I borrow it?

 

[conarb]

It is a political election/campaign sign. Good luck on trying to enforce local ordinance on that one.
Locally you can restrict the time frame they can go up and when they have to be taken down and to my knowledge that is all the courts have restricted election/campaign signs to.

Bingo, these cases have been litigated a lot, there are time, place, and manner requirements for political speech, this is in a company town dominated by Harvard University, both actors appear to be pretty nasty people, he has no chance so is just a chit disturber, she is a liar taking advantage of Civil RIghts law, kind of like the able bodied person who gets a disabled parking placard, but worse, he's doing the same thing. Civil Rights law was time limited based upon redress of past grievances of Blacks, that was 54 years ago and every group imaginable has jumped on the bandwagon, even our own women. Maybe all the brilliant Harvard law professors will see this sign and realize something has to be done about it, maybe the real Indian can argue that there is no better place for political speech than Cambridge. These are not decisions that should be made by building officials.

 

[tmurray]

We have a provision that states that a vehicle that has been placed specifically for advertising is considered a sign. We have interpreted this to mean that the vehicle is not located in a regular spot and has signage graphics on it. That being said, election signage is exempt from requiring a permit. Whenever we have a federal or provincial election I keep an eye on our major intersections to make sure they are not obstructing line of sight. I've asked several campaigns to relocate their signs due to safety concerns and only one has told me they would not move it, which was fine because I just dropped it onto the ground. They were nice enough to move it back when the re-installed it.

 

[tmurray]

My question has been,,

If they are not on private property, Who Owns the sign???? As in can I borrow it?

We had this issue where a particular party was placing their signs in front of town owned structures, creating the illusion that the town was supporting them. I removed them and delivered them to their office the first time. Informed them that the locations were not acceptable.

We've never had a problem with them along the road right of way.

 

[Mark K]

I would check state law related to motor vehicles. It is very likely that the local jurisdiction does not have authority to regulate what is on the side of a vehicle.

Just because something in in the zoning or building codes does not make it compatible with state law.

 

[mark handler]

Most Code cases are in response to a citizen complaint. Many cities use the Building
Inspectors as the enforcers of the Municipal code. The Building Official is probably
following direction from the administration department (City Manager, Administer or
Mayor). doing his/her job.

 

[conarb]

Most Code cases are in response to a citizen complaint. May cities use the Building Inspectors as the enforcers of the Municipal code. The Building Official is probably following direction from the administration department (City Manager, Administer or Mayor). doing his/her job.

That's the point, a nobody with little money is challenging a powerful senator using political signs, that senator and/or her political supporters are using the power of the building department to block the challenge.

 

[my250r11]

We've never had a problem with them along the road right of way.

We only enforce they keep them out of the right of way, in both of the AHJ's I've worked in. Most of the time it is Code enforcement that deals with it, but some the BO is the entire dept.