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Board rules citations of ad truck were justified
Two of Murden’s advertising trucks.
Hi -Impact Marketing, LLC, owned by Steve Murden, had been issued several warnings and civil citations by Kim Allen, the town’s code enforcement official.
The trucks feature rotating advertising panels or diorama-type scenes mounted behind the cab where a cargo area is usually located. The trucks are about the size of a small U-Haul rental truck.
Elizabeth Teague, Nags Head’s planning and development officer, said the board dealt with two issues regarding Hi-Impact’s appeal of the citations. The first part dealt with constitutional issues, which the Board of Adjustments determined were outside their scope of its authority under North Carolina law.
The second issue dealt with the citations. Nags Head’s ordinances require warnings and civil citations be appealed within 30 days of their issuance.
Murden’s attorney, Phillip Hayes, noted that three of the four citations issued cited the incorrect company name and were therefore not valid. The Board decided all of the citations were valid and that Murden had missed his window of appeal on some of them.
As to the final citation, Teague said, the board found Hi-Impact “was in violation of the town code of ordinances which prohibit commercial advertising within the public right of way.”
Teague noted Thursday’s meeting had taken four hours to reach a decision and that the board decided not to issue its official findings until its next meeting on Oct. 11, when it will take up the issue again .
Hayes told the Voice that Murden did not want to antagonize the town.
“His intent is to operate a lawful and valuable business for the benefit of consumers and businesses on the Outer Banks,” Hayes said.
“We believe he has a constitutional right to engage in these activities and he intends to assert that right. He would like to be able to work with the town to find a solution that would satisfy all parties.”
Kitty Hawk recently passed a text amendment to its ordinances that allows operations such as Hi-Impact’s to be permitted within the town’s boundaries.
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OBX says:
welcome to the kingdom of nags head. all your base belong to us.
nh taxpayer says:
This is so freaking sad! Nags head will loose their ass on this one. I hope Teague , Kelly, and all others involved in this get canned. 90% of all tractor trailers comin thru nags head have commercial advertising on them. I’m moving to kitty hawk. I’m ashamed to live in nags head. Plus I’d like to get out now while I still have the money. Murden, I applaud you! You do what you need to do to get this case before the court!!!! For God’s sake, make sure it’s not dare county court or your screwed. Well , more screwed I should say. If you read this I’ll be in touch.
surfer gal says:
Can someone tell me how we can get ogburn, Teague and Kelly out of town office. Is there a way we can take away the rights they have that murden cant assert? I would bet all of them will look back months from now and go, “what the he’ll were we thinking doing this”!. . . Look out Kelly, you’ll be the fall guy. By the way . Cash out your nags head retirement plan or I think murden federal lawsuit may suck the funds out of it…….wow.
roanokeislander says:
sheesh. i am so glad that i do not live in nags head. i can not imagine trying to run a business in that climate.
Tom says:
1st Amendmaent baby! The NPS told me that I could not drive on their land advertising my charter boat on the side of my truck! I said really? What about Coke, Pepsi, budwieiser etc? I said if they want to get in a 1st Amendment battle…..go for it! They didn’t! Nags Head will get their butts handed to them at tax payers expense! Bad, bad move!
Jeff says:
The Republic of Nags Head strikes again. Just wait until they meet the ACLU!
Frank Moore says:
If Murden is “in violation of the town code of ordinances which prohibit commercial advertising within the public right of way” apparently now NO vehicle can legally drive thru town with ANY advertising on it. Will all plumbers, painters, retail store owners, etc., you get the drift, have to cover their vehicle lettering, phone numbers address etc or get the same civil citations? Apparently there will be a lot of civil citations issued, if not how can they single out Murden with this statement. The Board has now established the playing field and all must follow suit. Just a thought.
Bubba says:
Just when we thought Nags Head was becoming more small business friendly.
Bubba says:
Have to stop every truck with signage on it. I know, “the Coca Cola truck isn’t advertising.” But yes it is. Those huge bright letters aren’t there to help the driver find his truck parked behind Food Lion (who also has big signage on their trucks)
Jamie says:
Code of ordinances prohibit commercial advertising within public right of way? Does this mean all vehicles with there company/business name on the side are all in violation ? Why just this guy? No one better to pick on?
Lisa Robey says:
If Hi-Impact can not advertise, then Food Lion and all other trucks and cars with the company names and pictures showing are all in trouble! What are they thinking! This is the USA freedom of Speech, spoken or written! Come on Nags Head!
flo says:
Jeez, I wish they would leave this guy alone. Give him a break. Let the man make a living in this short summer season. Pretty soon the greedy towns will be charging a fee for all the signs on work truck and vans advertising their business everywhere on the OBX! How ridiculous. The Outer Banks officials have already allowed the clutter of ugly Wings type shops all over the bypass now they are trying to be like Hilton Head Island!
lunchbox says:
Better tell Budwiser and Coca cola the same thing…if u police one u must police all, the law can not be subjective to pick out specific instances it must blanket all. Nags you just opened a can of disaster you will soon hear from your taxpayers as to how the costs and the tax on residents will be assessed as this will never fly in court.
jackie harris says:
Look out NH residents the ACLU is coming to take you away!. Along with the fund balance of NH. Wonder if the League Insurence will cover this???
M Clark says:
Does this mean any truck with the business name on it is technically in violation?
we the people, not! says:
Does anyone on this island see whats happening? Your civil rights do not apply here. Are they going to fine Budweiser, food lion, Harris teeter, Wal-Mart, Kmart. All these businesses have signs on their truck 3 times larger than this guy’s truck. Looks like discrimination.
GIVE IT A REST says:
ELECTION DAY IS NOVEMBER 6,2012!!!!!!
GIVE IT A REST says:
If voting them out don’t work there is always impeachment !!!!!
KDH Rezident Evil says:
Wonder if Nags Head will be investing in a used F-14 to chase down the banner-flying Cessnas violating the Town Code in their airspace?
Bob O says:
Nags Head went to the Supreme Court many years ago to outlaw billboards in town. Anyone think the community would look better if the Bypass and the Beach Road had billboards every couple of feet, like Currituck or Tyrell County?
We regulate signs for property owners in town. Delivery trucks have signs on the side but their purpose is to deliver products, the signs are secondary. The sign truck doesn’t deliver anything, only adds to the traffic and distracts drivers. We see it as offsite advertising, and don’t think it is the right thing for our community. It is legal to regulate commercial speech (a truck with only political advertising would be different, and political speech has stronger protections than advertising. You can’t have flashing neon or a 60 foot tall sign in Nags Head either. The appearance of the community matters
get this! says:
You want to hear something even more suspicious. If you read the minutes Mr. Kelly testified hear never saw the truck operating within the town limits on citation dates. It was from emails that concerned citizens sent to him. Hear say evidence or what??????? What a load of carp….nags head is out of control…
kdh res. says:
Hey bob o, check your facts. That advertising truck is the primary delivery source for The Vintage Cottage Soap and Candle co. You may find their products in shops from corolla to manteo. The best part of the whole thing is the truck owner donates this service to the woman owned company making the products to feed her children… thanks for concerns. Thanks ad guy.
OBX says:
King Oaks has spoken. You have been deemed stupid idiots and you must be re-programmed to follow the nags head kingdom leaders with question.
Liv says:
His status is no different than UPS or any local trades van driving up and down the road with advertising on the sides. Nags Head is taking the position that they can prohibit traffic (free commerce) on “their road”. Last time I checked, Hwy 158 was a US highway. Also, KH & KDH are looking into this. To Bob O, yes he does deliver stuff.
obxlottery says:
I have an idea nags head. How about you put a toll booth at each end of the town to help offset the funds necessary to settle this guy’s civil right and discrimination lawsuit when it hits the supreme court level…this is going to be very interesting to follow. Pandora’s box has been opened…way to go nags head, this is history in the making.
nhmember says:
The difference you whiners are missing here is that this guy gets paid to advertise and drive that visual garbage around..should have been stopped long ago..signs on truck identifying the business that owns them are a totally different thing. Nags Head is right to stop this now. Other towns should do the same.
obxlottery says:
Dear nhmember, problem is you can’t stop him. Coastal beverage gets paid to pull 54′ billboards for anheiser Busch. Someone has his back larger than you. Its god and the constitution. U Sad man…..or woman.
LMAO says:
The nation of Nags Head will have to deal with this issue and others that are out there. The sad part is that us tax payers will have to boot the bill for their dumb mistakes. This is just one more nail in the nags head coffin. The coruption within the town has hit a boiling point. I have to say that commisioner Remaly is the one person on the board that has a clue. If the current board and department managers continue to run the town there will be more lawsuits against the town that will cost all of us money and there will be an increase in taxes or a loss of our town services
Frank Moore says:
Bob O your ordinance apparently does not support your statement about delivery trucks with secondary signs. What is a secondary sign, isn’t a sign is a sign is a sign?? Just a thought.
obxlottery says:
I think nags head has a pick and choose ordinance. That’s why the free speech advertiser is being prosecuted… lol
realtor says:
What is the primary use of the Village Oaks Realty signs on the trucks??? maybe it is so Nags Head knows not to mess with those trucks would not have any reason to advertize rental or for sale properties in the OBX!
MERMAIDTOO says:
ITS THE TOWN OF NAGS HEAD LAWYERS THAT ARE RUNNING THE SHOW AND THEY WILL DO ANYTHING TO MAKE MONEY! GOING TO THE SUPREME COURT SOUNDS LIKE CHA CHING TO THEM! AND THEY REPRESENT THE TOWN’S INSURANCE COMPANY SO THEY GET PAID BY NAGS HEAD AND THEIR INSURANCE COMPANY! BRING ON THE LAWSUITS! NAGS HEAD MAYOR AND COMMISSIONERS AND TOWN MANAGER ARE WILLING TO VIOLATE ALL OF OUR RIGHTS. THE NC COURT OF APPEALS HAS ALREADY TOLD NAGS HEAD THAT THE STATE OF NC OWNS THE BEACH WHICH THEY TRY TO CONTROL ILLEGALLYIN VIOLATION OF PUBLIC POLICY. AND WHICH NAGS HEAD IS APPEALING TO THE NC SUPREME COURT NOW, SO THEIR LAWYERS CAN MAKE MORE MONEY AND LOSE AGAIN!
confused says:
As usual it seems that if Nags Head can make a dollar everything is in their jurisdiction. However,let it be something that will cost the town money and it belongs to someone else. They want to regulate a vehicle with a sign on it but if there is a pot hole that needs to be fixed or broken speed limit sign then the highway is the NC DOTs problem……what about the Village of Nags Head Employees that have Village of Nags Head License plates on the front of their personal vehicles? They are not delivering or anything else except advertising Mr. Oakes Company…..what about the vehicles that have the cost of their services posted on the sides of their vehicles such as cable tv, phone, repairs,taxis etc.? Isn’t that advertising?
Todd says:
It sounds like Steve needs to take the town of Nags Head to court. Our roads our public and he has as much of a right to advertise on his vehicles as all the other commercial vehicles on the road. Yes he gets paid for it, but so do the planes flying banners all day long. In fact some people get paid to advertise on their homes, bodies and personal cars.
Uninformed says:
Hey Voice, when did this ordinance go into effect? Has a mobile advertiser ever been issued violations in the past in the Town of Nags Head? Is this a new issue? How does this guy operate? Does he pick a route and just continuously circulate through the Town?
NH Citizen says:
It would absolutely he hilarious if one of the other towns established a similar ordinance that ultimately banned the White Cap Linen trucks that deliver to Village Realty.
Bob O, you should be ashamed of yourself and you will be voted out of office when your next term is due.
Stephen says:
I’ve said it once, I’ll say it again, just another reason I’m glad I don’t live in Nags Head!
confused says:
What about the Village of Nags Head employees that have Village of Nags Head License plates on the front of their personal vehicles…is that not advertising for Mr. Oakes Company? 98% of private vehicles on the road in Nags Head have a sticker or decal on the rear of the vehicle advertising the car dealership that the vehicle was purchased from. This business happens to be the “flavor of the month” for the town, in a couple of months it will be someone else….
booya says:
Has anyone else seen that gigantic Mc Donald billboard truck on the outer banks. It’s reAl skinny , 12′ tall and 34′ long. That billboard company has been operating on the outer banks for (7) yrs. No citation, no warnings, no letters from town….They are do It outdoors media. A multi million dollar company fromYork Pa. They won a 4.5 million dollar out of court settlement when Houston Texas did same thing nags head is doing to this guy. Nags head doesn’t have the balls to cite them for coming thru town. Discrimination is going to be the big kicker in this civil lawsuit. Power to the local guy!!!!!let’s start a fund to bring in some big guns from out of state……..
onthelookout says:
Look out all you opposed of Nags head decision!!! They will bring in the guys from the adjustment bureau. Lmao
Frank Moore says:
If Bob O and gang proceed along this ill advised path Bob has chosen to trod, lawyers will make money from the taxpayers of Nags Head fighting a lost cause or there will be NO secondary or primary or any type of signage on any vehicle in Nags Head. This will of course help the traffic problem greatly in Nags Head so this could be a win for the residents of Nags Head. Just a thought.
Beth Gordon says:
Maybe it’s the United Nations’ training manuals being used by Planning Departments, Consulting Firms, etc….Agenda 21 needs to be banned in every way….it’s taking us under…All over the United States communities and citizens are being bankrupted, following United Nations’ guidelines….check it out….it’s in our schools, healthcare, EPA, etc. and we don’t even realize we are carrying out their destructive agenda, even passing laws to support their goals. Look at how Board of Adjustment meetings, Stakeholder Meetings, etc. are conducted and see if the Delphi Technique is being used (to see if a predetermined outcome is being manipulated and being called a consensus). Then look at the strings attached to the available funding and flood insurance program that are blackmailing us by requiring more and more restrictions and ordinances….All By “Anti-American” Organizations. No wonder they refer to us as “Dumbed Up”….We have been apathetic and we cannot continue….We Must Stand Up for God, Our Families, Our Rights, Our Country!
Impartial says:
All those delivery trucks (Budwiser, FL, etc.), and even those private vehicles with a business on their license plate, have a purpose for driving through town. They are going from A to B for a reason other than simply driving around to display their sign. I was driving down the bypass behind a narrow billboard truck going significantly less than the posted speed limit. I could not see the ad from behind, but I vowed to never buy what they were trying to sell. They were using gas and clogging the traffic for one reason: advertising. Once I was able to pass, I saw that it was a sign notifying the public that Embarq was changing to Centurylink. Glad I’m not a customer of theirs! It had FL plates and all I could think about was that this slow-driving ad truck is driving all the way up the East Coast and there must be a better way to advertise! They should have gotten a ticket according to Nags Head’s rules (and maybe they did). I am behind the decision to regulate the ad industry. It has nothing to do with delivery trucks. I believe you all understand the concept of a secondary sign but are pretending not to in order to try to prove a mute point. By the way, I like this Hi-Impact truck, but I prefer to see it parked at different locations to advertise, and not simply driving up & down the road. I also liked seeing it in the parade. This issue is similar, but not exactly like the planes with signs. Those planes are not clogging an already congested bypass.
roanokeislander says:
how do 3 trucks ‘clog the bypass’ ?
no whinning says:
I think they only operate (1) on obx. Others I heard are out of state. Idk
fd says:
I have passed this truck and it is always been keeping up with traffic.
RnR says:
if we are talking about clogging up traffic, can we ban all the tourists too? they clog up the bypass more than anyone..drivn slow in the fast lane, turning from the left lane and not the turning lane..? grasping at straws people
OBX says:
@impartial….go back to wherever you slithered in from. we dont want ur kind here
that girl says:
so they can sell hotdogs on the side of the road with no running water but I cant advertise my small business
Frank Moore says:
I saw two other trucks, not delivery, in Nags Head just this morning with advertising written all over it about Subway, an auto parts store and then I drove on past. I can’t beleive this is “secondary advertising” and they deliver for what was about 1/2 dozen firms or more painted all over it. Will he have to stay off the road also. Also Ben Franklin has a vehicle with stuff written all over it and I don’t think they deliver. Could be wrong. Bob O needs to check these out for compliance to the ordinance he quoted from. Just a thought. What is good for one is good for all.
OBXKEN says:
If I was Hi -Impact Marketing, LLC I would just simply start a delivery service and change my name to Hi- Impact Delivery, LLC then my advertising would be secondary and The town of Nags Head couldnt do a thing to them . Problem solved thank me later.
bingo!! says:
Only (1) problem. He already delivers merchandise for a woman owned business for free. Town will not acknowledge his ads as secondary. Purely a discrimination case. Definitely not good for town or tax payers.
KHer says:
The Town Manager and Dept. heads merely operate according to the regulations that are handed down to them by the town commissioners…who are elected by the citizens.
If Nags Head is over regulated then the voters can do something to change it. Until then, they’ll cough up losses from law suits that result from an elitist attitude among the board.