The Sammamish City Council has been deliberating the city’s sign code this month.

The discussion began because of a 2015 Supreme Court case, Reed v. Gilbert, “which found content-based sign regulations, of which the [Sammamish Municipal Code] contains many, are an unconstitutional restriction of free speech,” according to city documents.

“You can no longer treat different types of noncommercial speech in different ways when it comes to regulating them,” said David Goodman, a Sammamish management analyst in the community development department. “We are no longer allowed to treat a political sign differently than a fundraising sign solely because it’s a political sign.”

City staff and the planning commission were challenged with making the city’s code “content neutral” to apply regulations to any and all types of temporary non-commercial signs, such as event signs or political campaign signs.

The City Council has been considering and deliberating those recommendations this month, most recently at Tuesday’s study session.

The planning commission proposed three types of non-commercial temporary signs. The first two would be those placed in the public right-of-way.

The first type would be limited to 4 square feet with a height limit of 3 feet above grade for a duration of 180 consecutive days. The duration here was determined based on the political world, spanning the period of the primary and general election, but it would apply to all temporary non-commercial signs. The City Council added during its Tuesday deliberations that the duration of these signs must occur within one calendar year.

The second type would limit the size to 6 square feet with a height limit of 3.5 feet for a duration of two consecutive days. This duration has been a point of deliberation with the council, but it was intended to reflect short-term event signs, like those used to promote the Sammamish Farmers Market. The council eventually found consensus to extend the duration to five days.

And the final type, which would be allowed to be placed on private property, would be limited to 16 square feet if located less than 50 feet from a street property line or 32 square feet if located 50 feet or more from a street property line.

This type would be limited to a height of 8 feet and could remain up for a duration of 180 consecutive days.

The placement of non-commercial signs on private property is subject to the landowner’s authorization.

Another point of discussion revolved around “sign pollution.”

The planning commission had recommended that signs not be placed within the right-of-way within a 150-foot radius of an intersection. This recommendation also had to do with safety, as many signs at an intersection might serve as a distraction.

“We have no data that says that there’s any problem here with these signs causing accidents,” Councilmember Tom Hornish said.

The City Council agreed and thought that this restriction would also limit free speech too much.

Signs are already not allowed in the median or roundabouts within the city’s limits.

The City Council also discussed the city’s banner program, which the planning commission recommended be only used for city speech, like promoting the Virtual Town Halls.

The current program also permits 501(c)(3) organizations to use the banner program, like, for example, using it to promote Nightmare at Beaver Lake or the Sammamish Farmers Market.

After much discussion, the City Council found consensus in leaving the program as it is.

The council will have a second reading of the code updates at its next regular meeting on May 16.