Sunday, June 17, 2007
Posted by The Dean of Cincinnati
Dear Mr. Langevin,
I am writing in regards to Chapter 895 of the Cincinnati Municipal Code, specifically as it relates to 3CDC’s big screen TV on top of Macy’s.
Here is some language from Sec. 895-1-O, including rules for outdoor advertising signs:
“Outdoor Advertising Sign” means a sign or graphic image affixed to the ground or structure, visible from any street, highway or other public way or park, displaying a message or promoting goods, products, services, events, activities, ideas, opinions, and candidates for public office, except:
(a) Signs primarily intended to promote the sale of goods, products or services on the same premises as the sign. Provided, however, outdoor advertising sign shall include any sign promoting the sale of goods, products or services on the same premises as the sign but which are primarily intended to promote sale off premises.
(...)
(e) Public service signs devoted to providing information such as time, weather, or news. Provided, however, such signs shall not be used to advertise the sale of goods, products or services.
There are a number of things for which the 3CDC television has been used so far. It has advertised events happening on Fountain Square. However, this does not fall under the exception provided by 895-1-O (a), because the services being advertised are not on the same premises—namely, the Macy’s property.
The 3CDC television has also been used to show cable news, including commercials, which means it does not earn an exception to 895-1-O (e), because the sign is used to advertise the sale of goods, products or services whenever the news station moves to a commercial break.
In addition to those violations, I am wondering what permits have been granted for the construction of not only this big screen advertising sign, but also for the installation of speakers on Fountain Square—which amplify sound such as television commercials and which may be in violation of CMC 910-7.
What documentation does your office have on file regarding the permits for this big screen advertising sign? If your office has nothing on file, which means 3CDC might not have undergone a proper permitting process, what action are you prepared to take to address this potential violation?
Thank you, in advance, for your time and consideration. I am eager to study your response.
Respectfully,
The Dean of Cincinnati
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