Town imposing fines on local businesses for signage

[mjkelly93]

What is the name of your state (only U.S. law)? Pennsylvania

There is an ordinance in my town of west hazleton, 18202, that allows the code enforcement department to impose a mandatory yearly fee on local businesses for each sign they display on their property. This fee varies by how many signs there are and the square footage of each sign. The ordinance claims this fee is for a "sign permit".

I recently opened my business here and got this fee in the mail. To me it sounds more like a fine rather than some fee. And i think any ordinance that fines a business or resident for exercising their freedom of expression/speech in the form of a sign is unconstitutional. But of course, im not a lawyer.

What do you guys think? Is a towns ordinance constitutional that imposes a mandatory fee for hanging a sign on your property?

 

[swalsh411]

Commercial speech is routinely regulated and that is Constitutional. You can't for example advertise your business by trying to shout over everybody the middle of a town council meeting. Do you know if other municipalities in your county have to pay this fee?

 

[quincy]

Zoning regulations and sign codes for commercial establishments, which are based on the size, height, location and number of signs permitted, are generally lawful, when applied equally to all. Sign permit fees based on these factors would, likewise, be legal.

Ordinances that are based on the content of, or the message relayed in a sign, however, are often found to be unconstitutional. Those could violate your First Amendment rights.

As long as the permit fees and sign standards are reasonable and avoid regulating the content, the town's sign permit ordinance and related fees sound constitutional.

Fees are charged, by the way, to acquire a permit for your sign(s) - fines would be issued if you did not get such a permit. A fee is not a fine.

 

[mjkelly93]

I do not know if other municipalities in my county pay this fee. It comes from the town of west hazleton, im not sure if hazleton has a similar ordinance in place.

I understand what your saying about shouting and all that but im even breaking it down to its most fundamental level which is if i dont pay them, i cant exercise my freedom of speech. Can they regulate it to that extent even as a commercial property?

I assumed that since it would be unconstitutional to do this to a residence that it would therefore be unconstitutional to do this to a business but as i noted in the OP, im not a lawyer

 

[mjkelly93]

Fees are charged, by the way, to acquire a permit for your sign(s) - fines would be issued if you did not get such a permit. A fee is not a fine.

Isn't a mandatory fee the same as a fine? If not, what is the difference between the two?

 

[Zigner]

Isn't a mandatory fee the same as a fine? If not, what is the difference between the two?

A fee is a payment for the privilege of doing something.

A fine is a punishment for not doing something correctly.

 

[justalayman]

Isn't a mandatory fee the same as a fine? If not, what is the difference between the two?

no. it is the same as a tax which is generally quite legal.

 

[mjkelly93]

Ok i totally understand what your saying. Thanks zigner and just.

For arguments sake though, if the government forces me to pay a fee, doesnt that then become a fine? I dont see how it is then a fee if the privilege isnt a privilege anymore and has become a mandate?

I guess it would be a fee because i have the option of paying it or taking down my signs. A fine i would have to pay whether i take the signs down or not. So i guess it would still be a privilege to hang my sign. I think i just answered my question. Thanks

So i take it i should just pay my fee and be done with the sign issue?