Update: City finds exemption for display. Love It or Hate It? - KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX News

Update: City finds exemption for display. Love It or Hate It? Leave your comments.

Posted: Updated: June 30, 2009 03:38 PM CDT

By Jessica Boyd - email

TYLER, TX (KLTV)- After our story yesterday about a display of flags outside a business, it looks like the store's general manager, Kevin Lewis, will be getting some relief. The City of Tyler has identified a section, of the ordinance Lewis was fined under, which could now exempt his display of flags.

Here is what the city had to say:

City of Tyler officials announced today that flapping banners that are clearly Fourth of July holiday decorations will not be ticketed as part of the City's enforcement of the sign ordinance. 

Section 10-403-D of the ordinance specifically prohibits "Flashing, fluttering, undulating, swinging, rotating, or otherwise moving signs" because they can pose a distraction to motorists.  City code enforcement officers have consistently enforced this ordinance and not allowed these attention getting devices.  However, section 10-402-D of the ordinance provides an exemption for "Holiday lights and decorations with no commercial message."

"Our goal in enforcing ordinances is to be as consistent and fair as possible to all business owners," said Planning and Zoning Director Barbara Holly.  "While we have not allowed these devices as per the ordinance, this particular situation warrants an exemption as it could be construed to be a holiday decoration."

Under the ordinance, a total of three flags are allowed on a property.

"The City of Tyler greatly encourages expressions of patriotism, particularly during this important holiday season," said Holly.  "Through education, we hope that businesses can choose to do so in a way that does not conflict with the spirit of local ordinances." 

If you would like to see the original story please click here.

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