Mobile Sign Starts Debate on Legality

A mobile campaign sign has sparked a difference of opinion between a city councilor seeking re-election and city staff.

The trailer-mounted sign touting District 1 Councilor Michael Williams’ campaign for the March 6 municipal election was unhitched from a vehicle and parked during periods over a few days earlier this month near the heavily trafficked Southern and Unser intersection.

Rio Rancho police spokesman Sgt. Nicholas Onken said the code enforcement division received a complaint on Feb. 11 about the sign and contacted Williams, advising him it was in violation of the city sign ordinance.

Rio Rancho Tea Party President Dawnn Robinson also emailed the Journal asking whether Williams consider himself “above the law” by parking the sign there.

Williams believes he has done nothing illegal.

In an interview this week, Williams said the sign was parked with the owner’s permission on the Brenda’s Power Car Wash property. He believes it met criteria in the sign ordinance, which he helped write, that allows special events signs to be parked on private commercial property. He referred to a notice on the sign announcing the election. He said the sign owner, Alan Varner of Southwest Mobile Media, checked with city staff and “they were fine with it,” viewing it as similar to a sign promoting the recent school bond election.

Williams said he disagreed with the code enforcement officer and called Police Chief Bob Boone. The chief, in an email to the Journal, said he looked at the sign and talked with Williams. During their discussion, he received a call from the Development Services Department staffer, who was unaware of any previous discussions about the Williams sign. Boone said the staffer informed him that the sign violated the city ordinance.

Based on the “ambiguity of the discussions,” Boone said he arranged a meeting on Feb. 13 with Code Enforcement, city Development staff, Williams, Varner and himself.

Boone said he told Williams that if the sign was determined to be in violation a citation would be issued. But until the issue was clarified, Boone’s email said, he told Williams, “we would not cite the vendor nor would we impound the sign.”

Williams said, based on his discussions with Boone, he put the sign back for a few hours Sunday.

He said the Development staffer didn’t show up for the Monday meeting. Williams said he put the sign back early Feb. 14, and went to attend the Rio Rancho Day at the Legislature in Santa Fe.

He said he received a call from Varner in the afternoon, informing him city staff had contacted him saying the sign was violating the ordinance. Williams said he then had it removed and has not parked it at the Southern and Unser location since.

City spokesman Peter Wells said the city’s ordinance says “mobile billboards may not be parked on private property except for lunch and two 15-minute breaks” and “commercial vehicle signs must be on an operable vehicle used for business.”

Varner said he still believes the sign was not in violation of the sign ordinance.