(8/10) Emmitsburg’s new sign ordinance was approved, though barely, during the August 5 town meeting. The new ordinance has undergone months of revision after its original presentation to the board back in February of this year. According to Town Planner Zachary Gulden, the new ordinance looks to include, and be favorable towards, modern-day signage while being in compliance with Supreme Court cases, in order to protect the town from future litigation.

After the initial meeting in February garnered the attention of business owners, town staff did their due diligence in reaching out to members of the Emmitsburg community, holding multiple meetings for members of the business and residential community to provide feedback on the proposed changes. Flyers were mailed with the sewer/water bill, meeting dates were placed on all social media outlets and at the town office and all EBPA members received emails regarding these meetings. Only 23 members of the community attended.

After the conclusion of these meetings, with input from business owners, some changes were made. The originally proposed ordinance prohibited neon and internally illuminated signs in businesses, however, after much discussion between town staff, the Mayor and several business owners in favor of using these signs, it was decided that neon signs would be permitted. Each business may only have one neon sign, in size up to two square feet and must be a steady and stationary light source. Time and brightness restrictions are also in place for these signs. All who choose to utilize these signs must be in compliance with these restrictions.

Another change included the fines associated with any violations of the ordinance. Offenders may receive a fine of up to $1,000 per day. Gulden said that the increase in fines is due to increased town staff costs and legal fees associated with enforcing the ordinance. However, any fine related issue has to be approved by the town manager and the Mayor first. Town staff would send two warning letters prior to issuing a fine.

Once the Planning Commission approved the ordinance at the end of June the ordinance then had to undergo approval by the town’s Board of Commissioners after the conclusion of a public hearing. The only business owner who spoke during this public hearing was Ken Kacmarski, owner of the Exxon gas station. Kacmarski’s remarks concerned corporate mandated signage and displays and the lack of regulation for rotating signs on the bollards at the gas station. Town staff noted that Exxon would be in compliance with the new sign ordinance, albeit the rotational inserts on the bollards.

Although it was agreed that staff spent much time preparing this ordinance, two Commissioners proved to be in disagreement with the ordinance as a whole. In discussion after the approval of the ordinance, Commissioner Joe Ritz stated: "The last time the sign ordinance was revised, there was a lot of animosity in our community. I feel it may be more this time. This ordinance is full of ‘you can't do this,’ ‘this sign is not allowed.’ And then there are the excessive fines for violations we didn't even talk about tonight. If passed, I know this will be enforced no ifs, ands, or buts. If a revised sign ordinance was really needed, then why couldn't it have been kept simple? Just list what's allowed. We are Emmitsburg, a small community in northern Frederick County. Why can't we consider and pass ordinances that are more community friendly and yet provide reasonable safety? I want a solution that's best for our current residents and business owners, and future residents and business owners. To me, this sign ordinance as written is not that solution." Fellow Commissioner Elizabeth Buckman simply stated her agreeance with Ritz’s comments.

Town Manager Cathy Willets retorted by stating: "This ordinance is far less stringent than the previous ordinance, it is upsetting to me to think that a commissioner would believe that we are so unreasonable that we are going to fine somebody for a ¼ inch. Staff has made every effort to work with people in this community and give them extra time to resolve the complaints." Both Buckman and Ritz noted that there is a lot said in the community in regards to this ordinance and fear there may be further animosity towards its approval. Commissioner Cliff Sweeney commented that these people "should have been here tonight for the public hearing. This should have been a full room."

The ordinance was passed with a vote of 3-2, Buckman and Ritz against. It will go into effect immediately.