Council asks legal for clarity after residents, staff debate sign enforcement

A Hampden town workshop turned to complaints about a proliferation of lawn and business signs across town, with residents saying they lack a practical way to have illegal or unwanted signs removed and staff warning that state law constrains local authority.

Paula (town staff) said the state billboard statute is "quite comprehensive and and fairly ambiguous," and that, in practice, the code enforcement officer responds to complaints and will follow up if required contact information or dates are missing on signs. A resident noted, "I believe only according to the state law that only authorized entities can remove these signs," reflecting concern that private removal could risk fines.

Councilors and residents debated enforcement burdens. One councilor suggested staff time will be limited and urged that citizens first send specific legal questions; another said staff could try targeted sweeps but that policing signs could be resource-intensive. Councilor comments also raised First Amendment limits on content-based regulation and asked for legal confirmation of what local action is permitted.

The council agreed to a two-step approach: have the resident provide three specific legal questions to Paula so the town can seek attorney guidance, and, depending on the legal response, ask staff to draft proposed ordinance language or a workshop item for council consideration.

The workshop discussion did not change existing enforcement practice; councilors clarified that the code enforcement officer acts under ordinance and typically checks signs after a complaint or when they appear noncompliant. Any change to the town's ability to remove or limit signs would require ordinance language and could face legal limits tied to state law and First Amendment protections.

Council members said they would weigh whether proposed changes are legally defensible before moving forward and noted the possibility of drafting language that would survive legal challenge.

The matter will return after staff receives legal answers and, if warranted, drafts ordinance language for a future workshop.