Amend City Code to transfer oversight of portable sign placement in the right of way and remove registration requirements (amend Code Title 32 and add Code Chapter 17.110)

This ordinance removes registration requirements and registration fees for the placement of Portable Signs (A-boards) in the right of way. It moves the regulation of Portable Signs in the right of way to the Bureau of Transportation (PBOT)'s jurisdiction under Title 17 to address right of way compliance, specifically in relation to compliance with the Americans with Disabilities Act (ADA).Portland Permitting & Development (PP&D) currently manages Portable Sign placement and registration through its A-Board sign program, where costs to run the program currently exceed program revenue. In FY 2024-2025, the program cost $46,705, but only took in $39,308 in registration revenue.Business and property owners in the City of Portland who want to advertise their business or service through an A-board sign must currently register their sign with the City in order to place it in the right of way. A sign owner can register a sign for 1 year ($114), 2 years ($203), or 4 years ($364). The number of applications has dropped from 582 in FY 2022-20223 to 289 in FY 2024-2025 PP&D estimates, and anecdotal experience supports, that the vast majority of portable signs placed in the right-of-way are not registered with the City. The bureau addresses compliance issues on a complaint basis and received 19 complaints in FY2024-2025.

This legislation is intended to remove administrative and cost barriers for small businesses to advertise their goods and services. While the savings for individual businesses are not immense, every little bit matters for small business operating on thin margins. This is also a signal that the City should be considering ways to cut red tape and remove unnecessary impediments to economic growth.

The proposed code changes retain standards related to Portable Sign placement in Title 33 (Zoning Code) and add standards to Title 17 (Public Improvements). With that in mind, compliance with the Americans with Disabilities Act is a central focus of the proposed changes to this program. PBOT's ADA Title II Coordinator was consulted in this policy development to ensure Portable Sign placement requirements are in compliance with the ADA. The City's Disability Equity Manager at the Office of Equity and Human Rights was also consulted and raised questions about ensuring that reporting could be done through PDX Reporter, which is the current method and will remain an option for filing complaints about portable signs obstructing the right-of-way. Ensuring right of way compliance for those with sight or mobility impairments is critical to keeping Portland a welcoming city for those with disabilities. Moving enforcement to PBOT, which already manages most right of way compliance, will help keep sidewalks clear when needed, improving ADA compliance.The proposed legislation was also shared with the Office of Small Business for distribution to business associations across the city. Councilor Novick's office also reached out directly to District 3 business associations and shared the proposal at several constituent meetings. All feedback provided by these stakeholders has been positive.

This ordinance will help address future potential for lost revenue within PP&D as current staff costs to administer Portable Sign registration outweigh revenue from registrations and any compliance enforcement. PP&D reports that the Sign Program had a reserve deficit of $253,160 at the end of FY 2024-25, and that any further reduction in revenue will continue to impact the bureau's ability to fully support the program and make progress towards eliminating this deficit. The bureau also anticipates operational impacts if the program is not eliminated or the current fee schedule is not increased, as PP&D would not be able to support dedicated staff time in the permit center towards this activity.PBOT already handles right of way and ADA compliance. Due to the limited number of ADA complaints generated by Portable Signs (9 in FY 2024-2025) there is not significant financial or budgetary impact expected from taking on this work.

Not applicable.