Fort Smith's sign chapter regulates political signs through content-neutral size, height, and placement rules after Reed v. Town of Gilbert (2015) barred content-based sign restrictions. Signs must stay on private property with permission and out of the public right-of-way.
Reed v. Town of Gilbert, 576 U.S. 155 (2015) struck down sign codes that applied different rules to political or campaign signs based on message. Fort Smith's sign chapter therefore applies content-neutral standards to all temporary residential and small commercial signs regardless of message. Typical content-neutral standards include limits on aggregate square footage per residential parcel, height caps, setbacks from the curb, sight-distance triangles at intersections, no attachment to utility poles, and a ban on signs in the public right-of-way. ArDOT rules under A.C.A. §27-74-101+ prohibit signs in state-highway right-of-way along U.S. 64, U.S. 71, and Interstate 540 through Fort Smith. Arkansas Election Code A.C.A. §7-1-103 bans electioneering within 100 feet of the primary entrance of a polling place.
Signs exceeding size or height, in public right-of-way, on utility poles, or blocking sight triangles are removed by Development Services and cited in District Court. ArDOT removes signs in state-highway ROW. Electioneering inside the 100-foot polling buffer violates A.C.A. §7-1-103.
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