Scranton's sign regulation cannot impose content-based restrictions on political signs after the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 576 U.S. 155 (2015). Scranton City Code sign provisions (codified in the zoning ordinance at ecode360.com/SC1148) treat political signs as a content-neutral matter, with size, placement, duration, and material limits applied uniformly to temporary signs regardless of message. State-highway right-of-way (I-81, I-84, I-380, US 6, US 11, PA 307, PA 347) is controlled by PennDOT under 67 Pa. Code Chapter 445, which prohibits unauthorized signs in the right-of-way regardless of content. Pennsylvania Election Code at 25 P.S. §3060(c) prohibits campaign signs within 10 feet of a polling-place entrance on Election Day.
Three layers regulate political signs in Scranton. First, the constitutional framework: the U.S. Supreme Court's decision in Reed v. Town of Gilbert, 576 U.S. 155 (2015) struck down Gilbert, Arizona's sign code as a content-based regulation, holding that any regulation distinguishing among temporary signs based on subject matter (political vs. ideological vs. directional) is subject to strict scrutiny under the First Amendment and is presumptively unconstitutional. After Reed, Pennsylvania municipal sign codes - including Scranton's - cannot impose stricter size, duration, or placement limits on political signs than on other temporary signs of the same category; the rules must be content-neutral. Scranton's sign provisions in the zoning ordinance (codified in the Scranton City Code at ecode360.com/SC1148) have been updated to apply uniform temporary-sign limits across all content types, typically capping temporary sign area at a defined square footage per sign and per parcel (commonly 6 sq ft for residential and 32 sq ft for commercial parcels), prohibiting signs in the public right-of-way, requiring removal within a specified period after the sign's underlying event or purpose ends (often 10 to 15 days post-election for political signs, applied content-neutrally to all temporary signs), and prohibiting illumination of certain temporary signs. Second, state-highway right-of-way: PennDOT under 67 Pa. Code Chapter 445 prohibits unauthorized signs in the right-of-way of any state highway in Pennsylvania, including the portions of I-81 (the Central Scranton Expressway corridor), I-84, I-380, US 6 (the North Scranton Expressway and Moosic Street corridor), US 11, PA 307, and PA 347 that pass through Scranton. The right-of-way prohibition is content-neutral and applies to political signs in the same way as commercial or other signs; PennDOT or its contractors remove unauthorized right-of-way signs without notice. Third, election-day buffer: the Pennsylvania Election Code at 25 P.S. §3060(c) and related sections prohibit campaign activity and political signs within a defined buffer (commonly 10 feet) of the entrance to a polling place on Election Day; this restriction is content-based but has been upheld as a narrow polling-place-integrity rule consistent with the U.S. Supreme Court's analysis in Minnesota Voters Alliance v. Mansky, 585 U.S. 1 (2018). Scranton and the Lackawanna County Board of Elections coordinate enforcement at polling places. The Scranton City Code does not impose a separate residential-yard-sign permit requirement for political signs; permits are required for off-premise commercial signage and certain larger temporary signs.
A Scranton sign-code citation on a political yard sign is a code-enforcement matter at the Magisterial District Court that serves the property in Lackawanna County. After Reed v. Town of Gilbert, an enforcement action that treats political signs differently from other temporary signs of the same category is vulnerable to a First Amendment defense and to facial or as-applied invalidation of the relevant provision. Signs in a PennDOT right-of-way are removed by PennDOT or its contractors without notice under 67 Pa. Code Chapter 445; the property owner whose property abuts the right-of-way and whose sign extends into it has no compensation claim. Political signs within 10 feet of a polling-place entrance on Election Day are removed by Lackawanna County Board of Elections or by polling-place election officials under 25 P.S. §3060(c); persistent campaign activity in the buffer can draw additional polling-place-integrity charges. Pennsylvania Department of Transportation also enforces 75 Pa.C.S. §3354 (Outdoor Advertising Act) for commercial-scale outdoor signage along state highways, which is a separate regime from temporary political signs. Scranton's Quality of Life Ticketing Program under PA Act 90 of 2010 (53 P.S. §38001 et seq.) may be used for routine sign violations such as failure to remove a temporary sign after the content-neutral post-event deadline.
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