Political signs

Published 12:00 am Tuesday, June 21, 2011

Political signs that were put on public property, and then pulled up by Batesville’s code enforcement office, await their owners behind Batesville City Hall last week. A second sign ordinance regulates signs on private property. The Panolian photo by Billy Davis

Holdouts few but vocal over sign ordinance

By Billy Davis

Reactions have been mixed among Panola County candidates about a City of Batesville ordinance that regulates political signs within the city limits.

 “I’m not trying to be a criminal. It’s just not right,” said Constable Raye Hawkins, who has refused to pay a $300 cash bond required for posting political signs within the city limits.

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In Batesville political signs are already illegal on public property — and are routinely scooped up by code enforcement officers — but the yard sign ordinance regulates the placement of signs on private property.

Hawkins called the $300 fee “excessive” and said he has informed City Hall that he will not pay the fee, which was due June 1.

“They get the money back,” said Mayor Jerry Autrey, who has heard from Hawkins about the constable’s quibble with the new rules.

“Almost everybody’s paid it,” said Autrey. “It must not be too high.”

Hawkins also pointed to a requirement — now dropped in the updated ordinance — that would have required a “master list” of each yard or business where a political sign is placed.

“They wanted you to tell them everywhere somebody put your sign. That’s ridiculous,” said Hawkins.

Aldermen approved new political ordinance rules last fall among an update of zoning regulations. The political sign ordinance reads:

Signs erected in connection with elections or political campaigns: Such signs shall be removed within three (3) days following the election or conclusion of the campaign. Applicant shall post a cash bond in the amount of three hundred dollars ($300) securing the removal of such signs within the applicable time period. Failure to remove signs shall result in forfeiture of said security. Removal of signs by the applicant will result in refund of posted security.

A letter explaining the ordinance was mailed to candidates in May, though it wasn’t the first letter they received.

An April letter required candidates to produce a “master list” and include written consent from the property owner. But aldermen dropped that requirement after fielding complaints and the newer ordinance — minus one sentence — was mailed out three weeks later.

Aldermen declared a moratorium on the “master list” until November 15, which falls after the November 2 General Election.

Jarrell Mills, a District 4 supervisor candidate, said he also contacted Code Enforcement and explained he would not allow his yard signs in the city and therefore would not pay the $300 cash bond.

“I agree it’s excessive,” he said. “But my reasoning was that District 4 only covers a small part of Batesville, in Dogwood Hills. It’s not worth $300 for that.”

“I don’t have a problem with it,” said District 3 Supervisor Gary Thompson. “After the election you take your signs up and get your money back.”

Hawkins claimed he has heard from other candidates who paid the $300 fee but were unhappy with the requirements. He said some felt forced to pay the fee or face being branded a criminal — in the middle of their political race.

One candidate who paid the $300 fee and lives in Batesville voiced frustration with both the sign ordinance and the fee.

“For one thing it’s too much money,” said the candidate. “I don’t like the fact that they take my money and deposit it. Why not just hold it until after the election?

“What I also don’t like is that I can’t legally put my own sign in my own yard,” said the candidate. “That’s not right.”

The penalties for violating the ordinance are steep — a $500 fine for a first offense, $750 for a second, and $1,000 fine for the third.

“If they did what they’re supposed to do, there wouldn’t be a penalty,” said Autrey of the fines.

For comparison, in Batesville Municipal Court a first-offense DUI charge is $767.

Batesville’s code enforcement office has a list of county candidates that includes only a couple who have not paid, said Code Enforcement Administrator Pam Comer.

“Over all we’ve had a good response from the candidates,” she said.

The code enforcement office will enforce the ordinance and fine candidates who have missed the June 1 deadline. It has not fined anyone yet, she said.

Comer also addressed an issue raised by Hawkins  — will the City of Batesville require state candidates to pay the $300 bond?

“I’m getting a list of state candidates Tuesday and will begin contacting them,” she said. “I feel sure they will cooperate with us.”

Panola sheriff’s candidate Dennis Darby said he has also not paid his $300 bond but intends to do so after the August 2 primary, when he will begin putting out yard signs.

 Darby is running as an independent and will face Sheriff Otis Griffin or Batesville Police Captain Jimmy McCloud, both Democrats, in the General Election.

Darby said he has mixed reactions to the yard sign ordinance. “I understand the point is to keep the town from being trashy after the election. I support that,” he said. “But I do feel the fine is excessive.”

Both Darby and Hawkins raised the issue of yard signs that remain in yards after the election.

“I have, maybe, 15 yard signs in town,” said Hawkins. “It doesn’t seem right to regulate that, like people will keep those signs in their yard after Election Day.”

“There are signs out there from my last election,” said Darby. “What I want to know is if I’m responsible for every one of those signs, too.”  

Mills, the supervisor candidate, had a suggestion for the City of Batesville: do not request the $300 bond but fine candidates after the election if their signs remain visible.

“After the election it’s all litter to me,” he said.