ARIZONA HOUSE OF REPRESENTATIVES

HB 2500: real estate signs; cities; counties

PRIME SPONSOR: Representative Grantham, LD 12

BILL STATUS: House Engrossed

Abstract

Relating to real estate signs.

Provisions

1. States that a municipality or county cannot prohibit an owner of real property or the owner's agent from displaying real estate signs in an authorized area that displays the following:

a. That the property is for sale, rent, lease by the owner or owner's agent.

b. An open house.

c. The owner's or agent's name.

d. The legal name of the agent's employing broker or the name under which the broker is doing business as designated on the license certificate.

e. The address and phone number of the owner, agent or both. (Sec. 1,2)

2. Specifies that a municipality or county can enforce reasonable time, place and manner restrictions on signs advertising a property for sale, rent or lease and may not:

a. Limit the size of a sign or sign rider to less than the industry standard size.

b. Restrict the location of a sign within an authorized area if the sign is in plain view of the public and does not adversely affect public health, safety or welfare.

c. Limit the duration of display to less than the period that begins on the date the property is offered for sale, rent or lease and ends seven days after the date of the closing. (Sec. 1,2)

3. Specifies that a municipality or county can enforce reasonable time, place and manner restrictions on open house and directional signs and may not:

a. Restrict the type of sign.

b. Limit the number of signs that may be displayed at one time within an authorized area. (Sec. 1,2)

4. Defines authorized area and industry standard size. (Sec. 1,2)

Current Law

Before placing or erecting a sign giving notice that a property is being offered for sale, lease or rent, a salesperson or broker must secure the written consent of the property owner, and the sign must be promptly removed upon request of the property owner. A broker that uses a trade name owned by another person at the place of business must: 1) place the broker’s name, as licensed by the Arizona Department of Real Estate; and 2) the broker must include the following legend, “Each office is independently owned and operated" (A.A.C. R4-28-502).

Additional Information

In the US Supreme Court case Reed v. Town of Gilbert, the court held that sign restrictions were subject to strict scrutiny because they were content-based restrictions.  Content-bases restrictions were defined as restrictions applied differently depending on a signs message. 

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Fifty-third Legislature                             HB 2500

Second Regular Session                                                                                                Version 3: House Engrossed

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