City planning -- Illinois -- Chicago -- History -- 20th century
Nearer the center of urban population, where the billboard nuisance is
even more aggravated, the city is now the only effective repository of
the police power. The county is not at present a factor in the problem;
and park boards, while they have adequate police jurisdiction in their
own territory, have none outside. It is competent for the city council,
in the exercise of the police power, to regulate the construction of
advertising signs for the protection of public decency or public safety
by reasonable ordinances, but not to prohibit them altogether, nor
restrict their size, construction, or location more than is reasonably
necessary to keep them within the limit of safety; nor could land
abutting upon parks and boulevards be subjected to substantially
different regulations in this respect from those imposed upon property
fronting on business streets. In the case of _Chicago_ v. _Gunning
System_, already adverted to, a provision forbidding the erection of
billboards on residence streets without the consent of residents in the
block was condemned by the court as “an arbitrary restriction on the
part of the city, depriving an individual property owner of the use of
his property as he may choose, without any showing that such use would
be injurious to others in the same vicinity.” The city council cannot
condemn as a nuisance what the law adjudges not to be a nuisance. In
order, therefore, to control offensive advertising by such regulations
as the city ought to have power to impose, resort must be had to some
other function of government than the police power.
Public-domain text, read in full here on John Shaqi.
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