7 months ago
AURORA, Illinois (USATODAY) -- Residents of Aurora, Ill., don't dare wait until spring to pack up wreaths, Santas and other outdoor holiday decorations.
An ordinance in the Chicago suburb limits outdoor seasonal displays to 60 days before and after holidays, so starting Thursday, people with lingering Christmas spirit will get 14-day notices to remove them. If they don't, they could be fined $50.
It's a "quality-of-life issue," says Dan Ferrelli, spokesman for the city of 171,000 people. When holiday displays are up for an extended period of time, he says, "it gives the message that people don't care about their neighborhood."
Sharon Cohen, who recently moved to Aurora, calls the regulation "absurd." Unless something on her property creates a hazard, she says, "why should the city be able to tell me what I can and can't put on my porch?"
READER GALLERY: Browse or upload photos of your decked halls
Subdivisions, homeowner associations and dozens of other cities limit the display of holiday decorations, but many don't enforce the rules.
Since Aurora's ordinance took effect in 2006, the city has received 1,226 complaints and has issued 383 citations, Ferrelli says. There have been no legal challenges, he says.
The ordinance "absolutely" raises a free speech issue, says Dan Kobil, constitutional law professor at Capital University Law School in Columbus, Ohio. "The hanging of lights and decorations is a quintessential reflection of views," he says, "and is clearly First Amendment expression."
Christopher Hajec of the Center for Individual Rights, a public-interest law firm, says if residents intend to convey that they "wish it was Christmas all year round" and people who see the displays are likely to understand that sentiment, "the ordinance could violate the right to free speech, if it singles out holiday as opposed to other decorations."
Elsewhere:
?Wade Broadhead, a city planner in Pueblo, Colo., where lighted seasonal decorations can be displayed 60 days each year, says he's never received a complaint about their tardy removal. "Am I in trouble? Mine are still up," he says.
Some cities' ordinances were prompted by "dark sky" initiatives meant to reduce urban lighting, Broadhead says.
?South Holland, Ill., last week began delivering written notices reminding residents to put away holiday décor. The village allows displays 45 days before and after winter holidays; 30 days before and after summer holidays.
A few residents "can be a little bit stubborn," says code enforcement officer Steve Vinke. "Sometimes we have to go to housing court."
?Last year, the San Marcos, Calif., City Council unanimously passed an ordinance limiting the use of outdoor lighted displays.
The ordinance also regulates storage buildings and overgrown vegetation and is meant to maintain property values, says city spokeswoman Jenny Peterson. Violators are warned, then face fines of $100 or more if they don't comply.
Aurora Alderman Juany Garza proposed the ordinance after she spotted "inflated Santa Claus and reindeers" on roofs and yards around Memorial Day. "There's no excuse for that," she says. The city can extend the deadline in cold weather.
Aurora resident Michelle Medina calls the ordinance "strange ... but a good idea." She's annoyed when neighbors leave up their Christmas decorations all year. When do hers come down? Jan. 1 or 2, "no matter what."
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