Board rules citations of ad truck were justified
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.
See what people are saying:
Join the discussion:
You must be registered and logged in to post a comment.