TITLE
An Ordinance requiring candidates for elections in Allegheny County to take all reasonable steps to ensure that political signs advocating his or her election are properly cleaned up and disposed of.
BODY
Whereas, the right of candidates to campaign and display political signs is an important right of free speech;
Whereas, ugly litter from political signs following elections in Allegheny County has been a prevalent problem for many years, littering our highways and roadsides, and negatively affecting the aesthetic quality and natural beauty of our region;
Whereas, persons who take advantage of the opportunity to seek elected office ought to be personally responsible for properly cleaning up and disposing of political signs that advocate their election;.
Whereas, the County Council has determined that county-wide elections and clean-up thereafter constitutes an affair of the County; and
Whereas, the County has a strong interest in requiring post-election clean-up while being sure not to infringe upon the right of free speech.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Removal of Signage
Any candidate for an elected position in Allegheny County who posts advocates his or her election through the posting of political signs on public property in Allegheny County within ninety (90) days preceding in a primary, general or special election in this County shall 1) abide by all lawful local ordinances which are applicable to such signage; 2) cause the removal and clean-up of the same by the earlier of a) the date such removal and clean-up is lawfully required by applicable local ordinance or b) within ten (10) days following any said election; and 3)shall take all reasonable steps to ensure that political signs advocating his or her election are properly cleaned up and disposed of within ten (10) days immediately following the election; 2) shall comply with any applicable local ordinances regarding the posting and removal of political signs, and 3) shall, individually or through his or her designee, personally expend at least eight (8) hours in the ten (10) days following the election collecting and properly disposing of political signs posted on public property prior to the election. Nothing herein shall apply to candidates for municipal offices, and nothing herein shall displace, preempt or otherwise affect local ordinances or regulations on the same subject matter.
Section 2. Certification of Compliance
The candidate shall thereafter execute a certification and file it with the Allegheny County Department of General Services, Division of Elections, certifying as follows: "I hereby certify, under oath, that 1) signs posted on my behalf prior to the last election I took all reasonable steps to ensure that political signs advocating my election were properly cleaned up and disposed of within the earlier of ten (10) days following the election or the time required by local ordinance,; and 2) and I or my designee personally expended at least eight (8) hours in that period of time collecting and properly disposing of political signs posted on public property prior to the election.. The dates, time and places that I (or my designee) did so are listed below: [provide space for listing of dates, times and places]." Said certification shall be executed before a duly-authorized notary within Allegheny County.
Section 3. Penalty and Enforcement
Violation of this ordinance shall result in publication of the fact that the candidate violated this ordinance on the County's website and in the two newspapers of highest circulation within the County, plus a fine equal to the actual cost of such publication. The County Police shall have the authority to enforce this ordinance by issuance of citations. Any aggrieved party shall, upon request within (10) days of issuance of a citation, have the right to contest such citation at a hearing before the Board of Elections, and thereafter may appeal within thirty (30) days to the Court of Common Pleas of Allegheny County.
SECTION If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
Enacted in Council, this _______day of ____________________, 2003
Council Agenda No.__________________
_______________________________
Rick Schwartz
President of Council
Attest: ________________________________
John Mascio
Chief Clerk of Council
Approved as to form: _______________________________
Charles P. McCullough
County Solicitor
Chief Executive Office ___________________________, 2003
Approved: _______________________________
James C. Roddey
Chief Executive
Attest: __________________________________
Victoria Spence
Executive's Secretary