New sign regulations prompt some outrage

An American flag waves across a sign as the words "Our Deepest Gratitude" appear.

It's the patriotic message that appears on the digital signed owned by Ray Ortiz in Havelock.

However, new rules approved last month would eliminate the waving flag as well as scrolling messages, and other graphics on digital and electronic signs throughout the city.

The new rules have some of the owners of such signs bursting with disbelief.

"With the ordinance, I'd be using only about 20 percent of the full capabilities of the sign," Ortiz said.

Ortiz said he paid about $42,000 for the 45-square foot sign two years ago. He said had the new sign rules been in effect two years ago, he never would have invested in the sign now.

Commissioners voted 4-1, with Jim Stuart in opposition, in favor of the signs at their June 22 meeting. Though the new rules, which prevent bursting and flashing messages, went into effect July 1, sign owners have 180 days to bring their signs into compliance.

Gene Bell, of Gene's Audio, spent $24,000 on his sign a little more than two years ago. He also said he would have never purchased the sign had the new rules been in effect at the time.

"I would have spent it somewhere else," Bell said.

Bell's sign scrolls and bursts and runs 24 hours a day seven days a week.

"Advertising is expensive," he said. "This can be an effective way to get the message across."

Scott Chase, Havelock's planning director, said earlier that one reason to more closely regulate the signs is that the flashing, scrolling and bursting messages, along with the graphics, can be a distraction to drivers.

"There's not been one single accident that's been documented in front of my store since I've had that sign out there," Bell said.

Liberty Christian Church spent $30,000 for an electronic sign that will now have limited uses.

"We've got this extremely expensive sign that we're not going to be able to use now," said Marsha Roberts, co-pastor of the church.

"It met all of the requirements put forth by the city. We put stone around it. We wanted to make it look good in the community and look good at our church. That's why we think it's unfair."

She said the sign met all codes and regulations when purchased.

"They have the power to tell us that we can have this sign, and they then come back and tell us we can't," Roberts said. "That's what I think is unfair.

"We were surprised by it to say the least. We were not aware that there were any problems with it. We went through the proper channels to get the sign put up. We feel that it's very unfair and very regressive."

She said the church has not received any complaints about the sign, which sits prominently along East Main Street.

"We're trying to better our community and think we're getting punished for it," Roberts said.

Some commissioners expressed reservations about the new rules when they approved them on June 22. With a sign moratorium about to expire, they felt new rules were needed but they agreed the rules could be re-examined.

Chase, who wrote the new regulations, said he expected to work with Ortiz in creating a video of his sign's functions and present it to Havelock commissioners in August. Included in the video would be a demonstration of bursting and scrolling features that are prohibited by the new rules.

Based on that information, Chase said, the rules may be modified.

"We don't know exactly what they are, but we're going to make some adjustments," Chase said. "The board has indicated that we can expect to make adjustments to it."

But Chase also noted that some regulation on such signs was needed to prevent the city from turning into a mini Las Vegas.

"Can you imagine what it would look like if there were no regulation?" he said. "You want to have an ordinance that's fair and equitable."

Bell said the city did not adequately consult owners before the new rules were drawn up. He also said that he doesn't plan to make any changes from the way he operates his sign, even after the 180 days is up. He feels the city is violating his rights as a businessman.

"If we have to get an injunction to wake the city up, then we're going to do so," Bell said.

"I've talked to everybody in town that has one of these things. None of them knew anything about this.

"It's a bungled mess. It's crazy. These guys knee-jerked."

Chase said that letters were sent out to each of the 12 sign owners in the city, but only after the commissioners had passed the new regulations on June 22. The public hearing held to hear comments on the new rules was advertised, and an advance story on the commissioners meeting that included information on the then proposed new sign rules appeared in the Havelock News and on its Web site.

The city itself has to comply with the new rules. It has two such digital signs, one on Fontana Boulevard at the entrance to the Havelock Recreation Complex and the other on U.S. 70 in front of the Havelock Tourist and Event Center.

That sign is located within a few hundred yards of other digital signs at Ham's Restaurant and Navy Federal Credit Union. Other businesses with such signs include Rite Aid, 1st Run Video and Merchant's Tire and Auto Center.

Stuart said the signs reflect a significant business investment and are an indication of a strong willingness on the part of the owner to make the business succeed. In a statement, he said the board never fully discussed the new rules because a June 15 workshop was canceled.

"The June 15 workshop was canceled and the electronic signage issue, in my opinion, was never fully addressed by the Board of Commissioners as to individual opinions, recommendations, etc., prior to it being presented at the scheduled televised meeting," he said. "I took issue with its enactment as written and voted no."

Glen Mitchell Carpenter, a native of Havelock, said he likes the new digital signs compared to older signs in the city.

"Electronic signs are cleaner looking than the other signs they're using," he said. "They are turning yellow. They look dirty. They're not ever kept clean.

"So, banning electronic signs is not the problem. The problem is having the other signs updated."

Carpenter said the signs don't distract him when driving and points out that the Department of Transportation is using such signs along the highway.

"Look, if they're going to cause an accident, why does the state put them up over overpasses to tell you which lanes to change?" he said. "Electronic signs were used far before we got them in this state. They had them in Europe, and they work just fine."