How is sign disappeared?

October 4, 2008 12:29 PM

How are advertising postings on public property viewed in the eyes of the law?

There are always ads plastered all over telephone poles and traffic signal posts, and near them, lawn signs promoting "earning $$$ working at home," dating singles in your area, or politicians. So, I take it that it's legal to put these on public property.

The postings appear and disappear, which means that someone must be taking the old ones away to make space for the new ones. So, is it also legal for anyone to take down a sign that's on public property? Are the postings no one's property once they are posted?

On one hand, ripping down a sign seems vandalous. On the other, it would be ridiculous for someone to be able to claim some public space just by putting a piece of paper there first.

posted by ignignokt to law & government (9 comments total)

In Canada this is decided at the municipal level, so each city has a different bylaw covering it. Toronto has a timeline, and you must take down your own posters by around a week after your event, or one year after you put up your sign. If you don't, the city will remove it for you and charge a removal fee.
posted by Newbornstranger at 12:52 PM on October 4, 2008

It's often illegal, but not worth anyone's time to track down. Usually all that's on the sign is a toll-free number that leads to an answering machine message. Here's a cockeyed.com article on them.

Political signs are a bit of a different case. Around here, the volunteers put them up and take them down. The last thing the politician wants is a sign about how they're littering signs all over the place.
posted by smackfu at 1:59 PM on October 4, 2008

you know, it would kind of help to know what country, nevermind state or even city you are talking about but in general it's illegal to post something on private as well as public property without permission. the differences crop up when we're talking about how any such infractions are handled.

a place like NYC has a lot of commercial posters on construction fences because the marketing firm isolates the client ("we paid them to paste posters up but had no idea they were gonna do it in a place they weren't supposed to" is an often-used excuse) and they're tough to catch. only the property owners can really sue them and they pretty much have to catch them doing it if they want to identify them. lots of work, very little reward.

in london on the other hand british telecom will gladly and quickly take your phone number away if you choose to post it on a colorful postcard in a phonebox (read: if you are a hooker. it's also a naughty way to get people you don't like pestered and disconnected but don't do that, mhhmkay?). they are pretty damn quick on your case if you are a band as well.

back to NYC: there have been cases (herald square being one) where construction barriers have gone up just so advertising could wrap around a building where a billboard wasn't permitted. the landlords here basically got a painting permit, put up scaffolding and took ages doing their work. citibank was somewhat famous among us* for having scored prime real estate for very little money with way. the stuff was up for more than a year until someone noticed and cracked down on them.

the only thing I can think of that works exactly the same way anywhere you do it is if you put up a poster on a monument or something very highly visible and dear to the city. you paste your bands mug on lady liberty, you can expect everyone from the fire and health inspectors to the immigration and parking enforcement departments to show up, gladly and with a smile raining on your parade all night long and perhaps even the following one.

*ad agency people working for a certain large agency beginning with P that has its US hq at herald square.
posted by krautland at 2:22 PM on October 4, 2008 [1 favorite]

The last thing the politician wants is a sign about how they're littering signs all over the place.

and yet it always happens.
posted by krautland at 2:23 PM on October 4, 2008

Legal doesn't really figure into it for me. If someone puts street spam up on the poles in my neighborhood, I remove it. (Lost pet and yard sale signs, stuff like that is fine, though.) My woodshed is roofed with coroplast advertising signs. If the craigslist-competitor who put them up wants them back, they're welcome to get a court order.
posted by hades at 8:36 PM on October 4, 2008

But to answer the question, here in Seattle it's regulated by SMC 15.48.105. For a while, there was an outright ban, but that was (rightly) challenged a few years back. (More info here and here.)

So, at least in Seattle, and within certain restrictions, putting up signs like that is legal. I have no idea what the legality of taking them down is, but as I said, I don't much care.

If you're asking about Evanston, try checking the Evanston City Code. A search for "handbill" will probably be fruitful. For example:

3-4-2-2: FASTENING ADVERTISING MATTER TO CURBSTONES, TREES:

It shall be unlawful for any person to paste, post or fasten any handbill, poster, advertisement or notice of any kind whatsoever, or to cause the same to be done, on any curbstone, flagstone or any other portion or part of any sidewalk or street, or upon any tree, lamppost, telegraph pole, telephone pole, hydrant, bridge, pier or upon any structure within the limits of any street in the City, except on those structures specifically provided for such purposes by the City and except such notices as may be required by the laws of the State, the provisions of this Code and other ordinances of the City. (1957 Code, sec. 3-7; amd. 1979 Code)

posted by hades at 9:03 PM on October 4, 2008

It isn't legal, but it's a nuisance that nobody does much about. There was a big increase in these in the 1990s and the Trib had a few articles at that time. Funny you mention Evanston, because I lived there then. Somebody affixed one of those "MAKE $50 AN HOUR" signs twenty feet up the telephone pole in the parking lot outside my apartment. City property, telco pole, nobody did anything about it for about three years, and then I moved. Unless they built something in the parking lot, it's probably still there.
posted by dhartung at 9:50 PM on October 4, 2008

So, I take it that it's legal to put these on public property.

As others have said, it depends on where you live.

I try and take the illegal ones down if they start to clutter up my nieghborhood. There is nothing illegal about removing them in the places I have lived.
posted by mikepop at 11:42 AM on October 6, 2008

Citizens Against Ugly Street Spam
posted by tayknight at 11:45 AM on November 3, 2008