COUNCIL TO RESCIND POLITICAL-SIGN LAW

The Cape Girardeau City Council may have stepped on citizens' constitutional rights with last month's passage of a political-sign ordinance.

The new law forbids political signs 10 feet from any established street. In some cases, those 10 feet would take in city right of way. In others, the area would include private property.

The law also limits the amount of time signs may be posted before and after an election.

Mayor Al Spradling III addressed the issue at Monday night's City Council meeting. He cited a U.S. Supreme Court case heard last year involving a Ladue resident.

Spradling said Ladue had an ordinance forbidding signs in people's yards. When a woman put up a sign protesting the Gulf War, she was told to take it down.

The matter went to the Supreme Court. The justices ruled that Ladue was infringing on the woman's First Amendment rights. While signs can be regulated, they can't be banned.

Spradling asked city staff to draft an ordinance that would rescind the one passed last month. He said a new, modified law may be passed in its place.

The council passed the new BOCA Codes over the objections of Councilman Richard Eggimann, who argued that the new codes are too restrictive and stand in the way of development.

At a study session prior to the council meeting, he singled out a newly instituted reinspection fee. While first, second and third building inspections are free in Cape Girardeau, they will cost $10 each for any more.

Eggimann said Cape Girardeau's high fees and restrictive building codes are to blame for the slow growth in new housing -- about twice the number of homes were built in Jackson as in Cape Girardeau last year.

Inspection services director Rick Murray said Jackson also imposes a reinspection fee, and it is more costly than Cape Girardeau's.

"This started with the minimum property standards," he said. "We are averaging about four inspections per complaint. We are trying to achieve some kind of fee to pay for the increased labor."

Murray said one man was trying to install his own wiring in a new home. The work had to be inspected seven times before it complied with city code.

During the meeting, Eggimann requested passage of the 1996 BOCA Code be tabled until city staff submitted a simple list of changes over the 1993 code. Although Jack Rickard and Dr. Melvin Kasten voted with him, the matter failed.

"I have been against some of these items for some time," Eggimann said. "For example, the requirement of a smoke alarm in every bedroom of new homes. I think that is overkill. The 1993 code said one smoke detector for each level, and I don't think this has become a big safety problem in three years."

The new codes passed on a 4-2 vote, with Eggimann and Rickard casting the "no" votes. The codes will be up for a final vote at the Nov. 18 council meeting.