Cape asks for sign compliance, registration of temporary signs

Dennis McDonald knows how serious Cape Girardeau officials can be about enforcing the city sign ordinance -- he spent five days in the city jail in 2007 for refusing to take one down.

The owner of The Mattress Guys at 351 N. Kingshighway said he was anxious to see if he received a letter this week asking that banners like his be removed by Nov. 14 to comply with a new sign ordinance that was enacted late last year.

"If you can imagine being locked up for five days and you'd never been in trouble you're whole life, that's what happened to me," said McDonald, who lives in Jackson. "Imagine how many banners I see every day and I'm the only one who's gone to jail for it. For a sign."

Cape Girardeau officials, however, say they're not looking to put anybody in jail. They don't even want to cite anyone, they said. They just are looking for compliance by some who may not know about the new ordinance.

About 700 letters are being sent out to businesses, civic organizations and churches this week asking that they follow the ordinance adopted by the Cape Girardeau City Council in December.

The letter also asks such groups to register temporary signs so the city can better track them to ensure that the law is being followed, said Tim Morgan, director of the city's Inspections Services Department.

Traffic flows past the banner at Money Time Check Cashers & Pawn on Broadway in Cape Girardeau on Monday. (Laura Simon)

The incidents of observable violations related to the placement of temporary signs and banners are on the increase, Morgan said.

"We've just noticed banners and temporary signs are by far the largest number of violations in the sign area," Morgan said. "We're just trying to get the word out and this back into the mind of the business people."

The 700 letters largely went to high-problem areas, Morgan said, including those along Kingshighway, Siemers Drive and William Street. They targeted businesses and other organizations more likely to use such banners along these so-called high-problem areas.

As the city overhauled its new development code, some city leaders commented that such banners are unsightly and sometimes uncared for, some being tattered and poorly secured. Temporary signs, including banners, are permitted on a limited basis, according to the new sign ordinance. Banners, defined in the law as "a sign utilizing a flexible material on which copy or graphics are displayed" are for special promotions and events -- not as a permanent way to promote or identify a business.

The letter asks that all such banners be removed by Nov. 14. The ordinance says that special-event banners are designed to allow a business and organization to advertise special events such as grand openings, anniversary events and other annual celebrations.

But the banners are not to be erected longer than five days before the event and can only be displayed for a total of 30 consecutive days in any three-month period. Furthermore, no banner can be up for more than 60 days in a calendar year.

But some business owners are using banners permanently -- which isn't allowed, said Neil Conrad, the city's property maintenance and zoning inspector.

"You can drive around town and see any number of businesses that have these banners and temporary signs out," Conrad said. "But they're using them as permanent signs. It's more or less the intent not to penalize the business but try to rein it back in a little."

He estimated between 50 and 100 such banners are being used in ways that are not compliant with the city ordinance.

A dozen warnings

City inspectors have contacted about three to four businesses a month for noncompliance issues since the law went into effect, but Conrad said none has been cited into municipal court yet.

A dozen warning letters have gone out to certain businesses, though Conrad declined to say which businesses have already received warnings. The letters are an attempt to work with the business owners, he said, and not write a summons right off the bat.

"But they do need to come down," he said.

They are also asking for people who are going to put up temporary banners register online at www.cityofcapegirardeau.org/signs. The form asks for the sign location, dimensions and the start and end dates for when the banners will be up.

"We think most people will get the letters and comply," Conrad said. "We don't expect a lot of problems."

But McDonald said he won't take his banner -- which reads "Mattresses, mattresses mattresses" in blue and red letters -- down under any circumstances.

"Hell no," he said. "It will be just like before. They can lock me up and throw away the key. As long as that sign stays up, my family will be fed. Take that sign down, there goes my business, just like last time."

Not every business owner is so resolute. Joe Wilson owns Money Time Check Cashing and Pawn on Broadway. His banner, which has been up for years, reads: "Buying gold & silver. Any condition. Coins, jewelry, etc."

But if he gets a letter, he said, he'll take it down -- though he won't like it.

"If they know where you're at, they need to know what you do," Wilson said. "But I'll probably take it down and probably just have someone spray paint it on the side of my building."

smoyers@semissourian.com

388-3642

Pertinent address:

401 Independence St., Cape Girardeau, MO

2112 Broadway, Cape Girardeau, MO

351 N. Kingshighway, Cape Girardeau, MO