Item 6A -Resolution 16-04RESOLUTION NO. 16-04
AGENDA ITEM# 6A
AUGUST 8, 2016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, STATING ITS INTENTION TO COMPLY WITH THE SUPREME
COURT OPINION IN THE CASE OF REED V. TOWN OF GILBERT, ARIZ.,-U.S. -, 135
S. Ct. 2218, 2221, 192 L. Ed. 2d 236 (2015) AND SUSPENDING ENFORCEMENT OF ALL
REGULATIONS GOVERNING TEMPORARY NON-COMMERCIAL SPEECH AS THOSE
REGULATIONS RELATED TO THE CITY'S SIGN CODE, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission has adopted ordinances governmg ce1iain s1gns
within the City of Atlantic Beach and those ordinances are contained in the city's Code of
Ordinances in Chapter 17, Signs and Adve1iising Structures, together with associated definitions
set fmih in Chapter 6, Building and Building Regulations, and Chapter 24, Land Development
Regulations.
WHEREAS, pursuant to the Supreme Comi opinion in the case of Reed v. Town of
Gilbert, Ariz. (U.S. June 18, 2015), the traditional regulation of temporary noncommercial signs
in municipal codes across the country was impacted in that any sign code provisions which
separately categorized or classified temporary noncommercial signs, such as political signs or for
rent signs, based upon the infmmation conveyed, are now subject to strict scrutiny rather than
intermediate scrutiny by the courts.
WHEREAS, in response to this recent opinion, it is in the best interest of the City to take
action to suspend enforcement of regulations governing temporary noncommercial speech as
those regulations relate to the City's Sign Code and related definitions and will consider
revisions to its Sign Code and related provisions to compmi with the Supreme Comi's guidance
in the Reed case to ensure that its signage regulations will be interpreted as content neutral
except where a compelling government interest requires a content-based distinction.
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AGENDA ITEM# 6A
AUGUST 8, 2016
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ATLANTIC BEACH,
FLORIDA, THAT:
SECTION 1. Recitals Adopted. The above recitals are confi1med and adopted.
SECTION 2. Compliance with Reed v. Town of Gilbert, Ariz. That the City m
compliance with the recent Supreme Court opinion in Reed v. Tmvn of Gilbert, Ariz. will cease
enforcement of all provisions of its Sign Code that are in conflict with the guidance given by the
Supreme Comi opinion in Reed v. Tmm of Gilbert, Ariz. The City will suspend enforcement of
all regulations governing temporary noncommercial speech as those regulations relate to the
City's Sign Code.
SECTION 3. Statement concerning readoption. That the City Commission affirms
that it will not readopt any provision of its Sign Code that would violate the decision of the U.S.
Supreme Comi in the case of Reed v. Tmvn of Gilbert, Ariz. (U.S. June 18, 2015).
SECTION 4. Implementation. That the City Manager is authorized to take all action
necessary to implement the purposes of this Resolution.
SECTION 5. Effective Date. This Resolution will take effect immediately upon its
passage.
RESOLVED AND DONE this __ day of _____ , 2016, by the City
Commission of the City of Atlantic Beach, Florida.
Mitchell E. Reeves, Mayor
Attest: Approved as to form:
Donna L. Bmile, City Clerk Brenna M. Durden, City Attorney
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