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City says 'Bah, humbug' to flying Santa


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Russell Holton wants to know why a giant flag can fly on East Main Street, but Santa Claus can’t fly in Garrison Cove.

For three to four years, Holton and his neighbors Ashlee and Kevin Norris have strung a cable between their houses and flown a lighted Santa 35 feet above the street, complete with sleigh and reindeer.

“Now all our neighbors and kids are asking when we’re going to put it up,” Holton said.

Everyone is asking because last year, Murfreesboro came to them saying Santa poses a public safety issue and violates city codes for banners and flags in public right-of-ways.

"We love Santa Claus and the Holiday Spirit," City spokesman Chris Shofner said, adding the Santa poses a safety issue.

Since 1940 city code has prohibited placing a sign, banner or streamer across a public street without approval of the city council, city attorney Susan McGannon wrote in a memo to the council last December.

The city dispatched inspectors who found Santa was high enough not to impede traffic. The inspectors couldn’t say whether Santa was at risk for flying off course and damaging property or injuring people.

The city electrical inspector did find some concerns with the extension cord supplying power to Santa’s lights but suggested some changes to bring it into compliance.

So the city council gave “forgiveness and not permission” at its Dec. 13, 2007 meeting.

The council vote allowed Santa to continue flying last year but required the Holtons and Norrises to install an electric-safety device and request permission for Santa and his sleigh in the future.

“If you implement the safety measures and indemnify the city, the display may remain through Saturday, Dec. 29, 2007 …” McGannon wrote in a letter to the homeowners. “Moreover, please do not assume that permission will be given for this or a similar display at any time in the future; approval of the council in advance is required and may not be given.”

So the homeowners gave assurances to the city and made the safety changes so Santa continued flying last year. This year they went to the city and asked for permission.

“They said no, we couldn’t do it,” Holton said, adding if they did put Santa up “the city attorney would be in contact.”

Holton said he spoke with Planning Director Joseph Aydelott and Gary Whitaker from the Codes Department, who said they couldn’t get permission for Santa this year.

Holton just wants to know how a house on East Main can string an American flag between house and across the road, but Santa doesn’t get the same treatment.

“I don’t have an issue with it (the flag), I have an issue with the city having a double standard,” Holton said.

Michelle Willard can be contacted at 615-869-0816 or mwillard@murfreesboropost.com.
 
 
 
Tagged under  CITY, HOLIDAY BRITES


Member Opinions:
By: ItsGood on 12/2/08
Mr. Holton needs to understand two things: First, The city is "Creating a better quality of life" by eliminating the Santa.
Second, it is a sign - something the city officials have with signs that seems to keep popping up.
"Safety" is the diaper the city uses.
I suggest people flood the mayor's office with calls demanding to speak to Mayor Bragg.

By: SocEtTuem on 12/2/08
Yet another example of the ever more inane, absurd and inflexible nature of city government. I hope to God people do flood the mayor's office with demands for the return of the Santa.

You get what you elect and keep on reelecting, folks. One has to wonder when the citizens of the 'Boro will wake up and say, hey, it's time to put an end to this nonsense, it's time for a change.

By: pirate1964 on 12/2/08
I bet the City wouldn't let them put a glowing, fish net clad leg in their window either. I though the Grinch(s) lived in Whoville.

By: devolver on 12/2/08
*yawn* get a a permit for it.

What if two neighbors decided to hang a sign that delivered a political or personal message that you disagreed with? You'd then have a problem with it and ask the city to do something about it.

By: diddlede on 12/2/08
The city is only doing it's job and that job is to hold in check things that are not allowable within the codes. If they allow one person to do such as this they would be setting themselves up for someone else to do it. Just think if everybody had the same idea as the Holton's and Norris's. Boy would we have a big mess.

By: Macgyver on 12/2/08
This is a sad place. Have you read the stories with all the handguns this past week? Why has Santa become an issue? Is the city going to start inspecting Christmas lights all over town? There is a disconnect between management and life here and its really destorying this once proud town.

By: ItsGood on 12/2/08
diddlede is correct, the city is enforcing the codes.
It is assumed the issue was the wire across the road - what if a fire truck had to enter the area, would the wire interfere with the access? If so and the city had not enforced the law, then the city would be sued, not the individuals.
The American Flag on East Main does not have a wire across the roadway, or if it does, it is high enough to pass codes.
Maybe the codes or emphasis needs to be changed - and the City needs to use some common sense and quit letting the city attorney's office tell the citizens how to live. She does believe in bigger government ( guess what party she supported in the recent election ) so soon she will be asking for bigger staff to make more laws than we need to improve our lives.

By: rob37128 on 12/3/08
the rules are the rules...people don't like them but they are in place for a reason...

By: SocEtTuem on 12/3/08
Rules are made to be broken. For every rule there is an exception. Individual freedoms are eroded one at a time, usually by inflexible rules and this is a glowing (or should we call it a lighted) example of rules run amok.

How many children has this lighted Santa delighted over the years? We goning to chuck that for the sake of being insanely rigid about some inane rule.

I can just see the petty bureaucrats and apparatchiks assembling in the town square with a retinue of clipboard jockeys ready to begin there mission of saving the community from the heathen Christmas display violators who threaten us all! What an absolute and total crock.

By: taxbits on 12/4/08
We took God out of schools and now there is more violence in schools than ever before. Now people want to take Santa away from the children. If the city wants to make it a safety issue then the city should find a way to compromise or at least find a way to issue a permit ( so they can earn a little money). Next thing you know no one will be allowed to do their Christmas displays in their yards. Sound like we are on our way to a Communist way of life.

By: justdance on 12/4/08

Pirate1964....hilarious!
devolver...point well taken.
Macgyver......Yes!

By: Trvlace on 12/4/08
I can see a need for a Christmas light inspector, or really a whole division with glow meters and sparkle detectors. They could ride with the fireworks police. Now that is progress! This town is finally taking shape, what shape however, is yet to be determined!

By: ItsGood on 12/4/08
Franklinboro is the new name to use.

By: rob37128 on 12/5/08
this is crazy...how in the world would you think that it is okay to string something like that up across a public roadway? i am all about the christmas spirit but come on! put it in your yard and keep it in your yard...i don't want it falling on me, my family or anyone else for that matter...


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