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Wannabe Prosecutor Breaking City Sign Laws
by Kirt Ramirez
Illegal signs being posted throughout city.
Despite being warned not to put up political campaign signs on public property, Timothy O’Reilly signs have been illegally placed on public property and private property without the consent of property owners.
By simply driving through the city, numerous “Elect Timothy O’Reilly City Prosecutor” signs can be seen at various locations.
By placing political signs on private property, a political candidate can often get around the rules and find a safe haven to promote themselves, as private property owners often don’t care about the signs.
A cursory tour of the city over a four day period found only O’Reilly signs posted up at different locations, on private property. No other candidates’ political signs were seen, as the other candidates appear to be obeying the law.
Carefully placed signs on private property, not public, are untouchable by the city unless the property owner complains. O’Reilly signs strapped way up high with strong tape wrapped around painted metal poles are commonplace.
In a letter to all candidates Feb. 2, 2010, Dennis Thys, Director of the Community Development Department wrote in pertinent part:
“Please be advised that, pursuant to the City of Long Beach Municipal Code, the placement of any signs, including campaign signs, on public property – parkways, median islands, bridges, freeway entrances and exits, fences, parks, or on any public building or facility, is prohibited (bold print).
“City staff will remove and dispose, without warning, any signs illegally placed in the public right of way. Should Code Enforcement Inspectors determine that there is a significant violation of the Municipal Code, the City will seek reimbursement for the costs to remove illegal signs.”
The Beachcomber contacted Thys Tuesday, March 3, and said he did not see any O’Reilly signs on the public right of way, but said, “We have gotten complaints and sent staff out to take a look” and that “I have a call in to Mr. O’Reilly to let him know there were complaints.”
The following day Thys was contacted again and asked if there was any update from the previous day and he said “no.”
When the specific question was asked if any O’Reilly signs were taken down by staff, Thys said, “There were a few signs removed.” When it was said that that suggests the signs were on the public right of way, Thys responded, “Yes.”
Thys encourages anyone with complaints to call (562) 570-CODE.
Regarding the signs placed on private property without the property owner’s permission, Thys said, “I can’t comment on whether or not that’s a legally placed sign or not. We’re not in the business of going on private property.”
Thys said property owners can tear down illegally placed signs on their own, or they can call his office and his staff will take them down (as a courtesy).
David Steeves, general manager for the partnership who owns property at Stearns and Palo Verde, said he did not authorize any candidate or other person to affix political signs to his real estate sign.
Asked how he feels that someone trespassed, Steeves said, “I don’t think it should be done without my permission. I don’t know Tim O’Reilly.”
Long Beach Municipal Code allows private property owners to display political signs but says not more than one sign may be placed on private property and that the signage must be on occupied property.
However, Chief Assistant City Attorney Heather Mahood explained to the Beachcomber that the code is not enforceable since it is unconstitutional and violates the First Ammendment.
“Our ordinance is unconstitutional,” she said about private property. “We do not enforce the sign code against the property owner for political signs.”
However, Mahood said the city enforces the law regarding the public right of way. “We don’t enforce the private side of it.”
But if the owner can identify the sign suspect, the owner has a right to bring the action of trespassing against the person or company, she said.
Meanwhile, City Prosecutor candidate Doug Haubert has obeyed the law and is playing by the rules. The Beachcomber contacted him for comment.
"This illustrates the contrast between myself and my opponent. I've been a city prosecutor for ten years and have always been connected to the neighborhoods. Tim just moved to Long Beach a year ago to run for this office, so he needs to plaster intersections with signs to catch up to me."
Haubert added, "Instead of hiring a company to smear intersections with signs like Tim did, I have chosen to walk door-to-door to meet voters and tell them about my background as a prosecutor. That is why virtually everyone, from every law enforcement group to the elected leaders, has endorsed me."
Haubert said that he will have yard signs available starting tomorrow (Saturday) and that persons wishing one of his signs could call (562) 637-3684.
O'Reilly did not respond to the Beachcomber's requests for comment.
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