As the primary election nears, there have been several incidents regarding the theft or damage of local campaign signs in Sedona.
Arizona Revised Statute §16-1019 makes it “a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue or knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence” from 45 days before to 15 days after an election.
⬛ On July 14, at 12:11 p.m., a resident of Oak Creek Canyon and Scottsdale called to report an unknown person or group of people have been placing a white sign with his name and contact information, which had been hand-written, in front of a political election sign that he had made attacking one of Sedona’s mayoral candidates and that he had posted on Cooks Hill.
A Sedona woman stated she was driving on Cooks Hill and allegedly saw the man removing the small, handwritten sign and stopped to tell the out-of-town resident he couldn’t do that. The sign with the handwritten information was written on the back of an actual political sign for a candidate.
The woman stated she only saw the political side and thought man was removing the sign.
The man gave a description of another woman he alleged had been following him but the woman on scene did not match.
Arizona state statute makes no distinction about print quality, ergo, signs whether handwritten or printed, are both protected from defacement or removal by ARS §16-1019.
⬛ On July 21, Sedona mayoral candidate Kurt Gehlbach called police at 9:56 p.m. to report political signs allegedly being stolen in front of Windsong Trailer Park at 2466 W SR 89A.
Officers arrived on scene after Gehlbach had left. Police reportedly learned from witnesses that Gehlbach “was using offensive and vulgar language towards residents of the trailer park accusing them of stealing his signs.”
The residents declined to pursue criminal charges for disorderly conduct, but did not want Gehlbach to return.
Last week, the Sedona Red Rock News formally requested the police reports and all other records related to this call which were not available by press time.
The NEWS will follow up with these public records when they are made available.
⬛ On July 26, a Sedona mayoral candidate reported at 1:08 p.m. that several of her political signs have been stolen or damaged throughout the city of Sedona between 8 and 10 a.m.
On July 27, at 11:15 a.m., a campaign assistant to the same mayoral candidate called to report additional campaign signs had been damaged but this time there were several stab marks on the candidate’s face on the sign and was concerned for the candidate’s physical safety.
The person damaging the signs had been previously identified as Kourtney Kaitlin Fedor, 39, who was later contacted, arrested and charged with theft of controlled property, knowingly removing or defacing political signs and criminal damage of political signs. She pleaded not guilty at her arraignment on July 28 and has been assigned Sebrina M. Shaw as her public defender.
Photo courtesy of the Yavapai County Sheriff’s Office.
Arizona Revised Statute §16-1019
Political signs; printed materials; tampering; violation; classification
A. It is a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue or knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing forty-five days before a primary election and ending fifteen days after the general election, except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends fifteen days after the primary election.
B. This section does not apply to the removal, alteration, defacing or covering of a political sign or other printed materials by the candidate or the authorized agent of the candidate in support of whose election the sign or materials were placed, by a person authorized by the committee in support of or opposition to a ballot measure, question or issue that provided the sign or printed materials, by the owner or authorized agent of the owner of private property on which such signs or printed materials are placed with or without permission of the owner or placed in violation of state law or county, city or town ordinance or regulation.
C. Notwithstanding any other statute, ordinance or regulation, a city, town or county of this state shall not remove, alter, deface or cover any political sign if the following conditions are met:
- The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction.
- The sign supports or opposes a candidate for public office or it supports or opposes a ballot measure.
- The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with disabilities act (42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611).
- The sign has a maximum area of sixteen square feet, if the sign is located in an area zoned for residential use, or a maximum area of thirty-two square feet if the sign is located in any other area.
- The sign contains the name and telephone number or website address of the candidate or campaign committee contact person.
D. If the city, town or county deems that the placement of a political sign constitutes an emergency, the jurisdiction may immediately relocate the sign. The jurisdiction shall notify the candidate or campaign committee that placed the sign within twenty-four hours after the relocation. If a sign is placed in violation of subsection C of this section and the placement is not deemed to constitute an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation. If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign. The jurisdiction shall contact the candidate or campaign committee contact and shall retain the sign for at least ten business days to allow the candidate or campaign committee to retrieve the sign without penalty.
E. A city, town or county employee acting within the scope of the employee’s employment is not liable for an injury caused by the failure to remove a sign pursuant to subsection D of this section unless the employee intended to cause injury or was grossly negligent.
F. Subsection C of this section does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities. The total area of those zones shall not be larger than three square miles, and each zone shall be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than two zones may be identified within a municipality.
G. A city, town or county may prohibit the installation of a sign on any structure owned by the jurisdiction.
H. Subsection C of this section applies only during the period commencing seventy-one days before a primary election and ending fifteen days after the general election, except that for a sign for a candidate in a primary election who does not advance to the general election, the period ends fifteen days after the primary election.
I. This section does not apply to state highways or routes, or overpasses over those state highways or routes.
