Tuesday, March 12, 2013

Guest View-Don Bristow: "Public Safety Matters When It Comes To Outdoor Displays"

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The following remarks were presented by resident Don Bristow to the Oro Valley Town Council at last Wednesday's discussion about enforcing the temporary sign and outdoor display rules. We reported the results of the discussion. We mentioned in our report that Don had spoken to the Council.  Don's  remarks emphasize the public safety aspects of outdoor displays.
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On August 22, 2011 an Open House and Public Meeting regarding Outdoor Displays for Business was held. At that time, Mr.[David} Williams,Oro Valley Planning and Zoning Department, confirmed that the rules for outdoor displays were to provide for public safety purposes and to comply with ADA requirements.

Fry's LaCanada Outdoor Display
When this Council approved Zoning Code Chapter 25.1.A.5 Use Regulation for Outdoor Displays, it was indicated that staff would not inspect or enforce this zoning code regulation unless a complaint was received. Further, at a later date, the Council rejected establishing any enforcement process for failure to comply with the provisions of this code. This allowed businesses to bypass any potential legal action by making a small change to any cited violation resulting from a complaint.

Most of the businesses using outdoor displays are good citizens and have abided by the regulation requirements. However, like in so many situations, there are some that are conducting themselves as though the regulation guidelines don’t apply to them. Apparently, the guidelines for safety are not important to these merchants. Thus, the Council’s experiment of “self-enforcement” has been a failure. It is time for Council to meet its ethical and legal safety responsibilities to the public of Oro Valley.

Fry's LaCanada Outdoor Display
Chapter 20 of the Oro Valley Zoning Code presents the general provisions that apply to all Zoning Codes. Two of the sections of Chapter 20 state:

Chapter 20A Purpose

“For the purpose (meaning Zoning Codes) of promoting and protecting the public health, safety, peace, comfort, convenience and general welfare of the citizens of Oro Valley and to provide for the social, physical and economic advantages resulting from a comprehensive and orderly planned use of land resources, a Zoning Ordinance and Zoning Map are hereby established and adopted by the Town Council.”
Section 20.2.A Interpretations

“When the provisions of this Code are interpreted or applied, they shall be held to the minimum requirements for the promotion of public safety, health and general welfare.”

To ignore public safety, for the yet-to-be-proven, incremental sales tax revenues, is an unacceptable choice. You must direct Mr. Caton and staff to develop viable enforcement and non-compliance penalties. This will meet your obligation to provide a safe environment for the public.

Don Bristow
Oro Valley Resident
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Don's well-considered remarks were ignored by Council.
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4 comments:

OV Objective Thinker said...

This is the latest in the herd of 'deah horses' in the corral at the Bristow Ranch.

If Don wants to make "public safety" a theme of his ill-advised campaign (in my opinion) then I would think that he would have some data to support his assertion that the current displays present a public hazard. His simple declaration that it is so, does not make it so. Therefore I would categorically disagree with the description that his remarks are "well considered".

Some of the results of a reoccuring public hazard are usually accidents, successful civil action against a 'violator' or a widespread public outcry.

He has none of the above and I suspect there is probably not a single recorded accident that was a result of a public display in the history of Oro Valley. That's just a guess on my part.

So again I would bring up one of my favorite terms when it comes to some of the postings on this blog and the is " When to horse is dead, it's time go get off it's back".

It's time to move on Don.



Victorian Cowgirl said...

OVOT,

Please take your own advice and stop berating and insulting Councilmember Garner. He won easily in his first run for Town Council and was re-elected in THE PRIMARY during his second run for Town Council. He is a VERY POPULAR councilmember.

You have your own dead horse to attend to.

Now why do you think that businesses should be allowed to violate town codes/ordinances without consequence?

Anonymous said...

OVOT,

Why is it necessary for Council to enforce ADA rules... BECAUSE THEY SHOULD!

That was the reason you gave about Council funding the GOVCC... "because they should."

OV Objective Thinker said...

Cares....It would appear from the photo that ADA rules are being followed. Not following ADA rules does not present a public safety issue unless it it at the point of ingress or egress. It presents an accessability issue.