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Dick Hagerty: Some signs of the times are hard to miss

Modesto actually has a sign ordinance. Difficult to imagine as you drive around the city, because while city officials rigidly enforce sign installations on new businesses, they virtually ignore any sort of violations once these signs are in place.

Good signs and exposure to the public is the life blood of business, and right now the entire sign situation is terribly confusing and virtually unenforced.

The ordinance, as written, strictly forbids banners, yard signs, sidewalk signs and those so-called “feather” signs on posts that flutter in the breeze. Hard to believe, isn’t it? The town is cluttered in every direction with these nonconforming and clearly illegal signs, but no one seems to give it a single glance.

To be fair, there is a way to work within the code and system to temporarily have additional signage. But permits must be obtained from City Hall at the Neighborhood Preservation Unit office, and these permits are quite specific – and in most cases limited to a single 10-day period.

There once was rigid enforcement of signs and requests for additional outdoor advertising. Hang a banner from the front of your building and you would get a visit from a code enforcement officer within the week. You had a citation in hand and immediate orders to remove or pay a big fine. Today, as you will note from any quick tour, there is absolute disregard for the law and the city’s appearance.

The flip side of this ironic state of affairs is the very rigid (dare I say unreasonable) limits put on those of us who develop new buildings and businesses. Signs are often far too small, in proportion to the surrounding area, yet the process for getting a new building approved, built, inspected and signed off mandates rigid and strict conformance to these regulations.

This is particularly difficult in new shopping centers and along major roads and highways. Older, pre-existing businesses can keep their tall, well-displayed sign, while new businesses are restricted to minimal sign sizes and exposure. Just try to spot a gas station or a place to eat alongside the highway at 70 mph. The lack of visible signs is readily apparent, particularly in areas with newer business development.

Back in the days when the law was enforced, car dealers on McHenry Avenue found a creative way around the ordinance. Row after row of American flags fluttered in the breeze in front of each dealership. What a great patriotic display! Well, sort of patriotic. More like a neat way around an ordinance, since the U.S. flag law trumps local laws – and everyone knows that patriotic citizens are not restricted in flying the country’s colors, no matter the underlying motive.

They also went through a time when all the dealers flew helium balloons alongside the flags. Alas, the cost and availability of helium makes this virtually prohibitive. Check out the price on a rental tank of this fun gas today and you will see why those balloons no longer fly.

The new method of circumventing the ordinance puts “human signboards” on the sidewalk, carrying colorful placards and making exaggerated gestures as vehicles pass by. Not so conducive to traffic safety, in my opinion, especially when the young person with the sign is attractive or is demonstrating some great dance moves.

The big losers in this are those who care about the appearance of illegal signs, and the small-business owners who try to conform on what clearly is a not-level playing field. Bottom line: Obey the law and lose business to those who flaunt the laws and fly whatever suits their fancy.

If you are truly offended by illegal signage, call the city’s Neighborhood Preservation Unit at (209) 577-5250. It is even possible that given enough complaints, authorities will respond. But do not count on any enforcement of the law without citizen complaints.

Dick Hagerty is an Oakdale real estate developer active in community nonprofits. Send comments or questions to columns@modbee.com.

This story was originally published January 29, 2015 at 1:08 PM with the headline "Dick Hagerty: Some signs of the times are hard to miss."

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