When residents complain about banner signs in Cape Girardeau, the city's director of inspection services says, the signs are usually gone by the time he gets out to check on them.

But not all of them.

Some, like a two-banner display in front of El Torrero restaurant on Broadway, were in place Wednesday as Tim Morgan and a reporter drove around the city investigating complaints.

"This is the type of display the elected officials have chosen to try to eliminate," Morgan said.

The tour also spotted apparently nonconforming sings at Cape LaCroix Apartments, at Pizza Inn on William Street and at the Farmers Insurance office at Broadway and Caruthers Avenue, which had a banner asking for clothing for a benefit.

This banner sign at the corner of Broadway and Caruthers Avenue does not appear to be legal, according to Tim Morgan, director of inspection services for the city of Cape Girardeau. Morgan cited the city's sign ordinance that requires commercial banners to be "securely attached to an exterior wall or support structure of the building." (Fred Lynch)

Morgan said that he will forward the information to a nuisance abatement officer, who will make an initial visit to the establishment and ask them to remove the banner or inform them where they can place the banner.

Morgan said the officer will visit the business again in one to two days to check on compliance, at which time a written citation can be given at the officer's discretion.

Police say two businesses have been cited since the city's sign ordinance went into effect last year. Sonic Drive-In on North Kingshighway received a citation in March and complied immediately.

Dennis McDonald, owner of The Mattress Guys on North Kingshighway, has received nine citations since May 5, 2006. He was released from the Cape Girardeau city jail Saturday after serving five days of shock time. He was sentenced by Circuit Judge Gary Kamp, acting as a municipal judge, for refusing the city's order to take down his sign.

"They put me on 24-hour lockdown," McDonald said of his experience in jail. "I had one shower the whole time, was only able to see my wife for 15 minutes and didn't see my kids at all. I guess I'm glad the kids weren't able to come because I didn't want them to see me like that."

Sgt. Barry Hovis of the Cape Girardeau Police Department said prisoners can't leave their cells unless they're in a work release program. Hovis said McDonald was treated no differently than any other prisoner.

"They've got me terrified now," McDonald said. "I don't know what they're going to do to me next."

McDonald said he is not going to take down his banner until a new permanent sign arrives in July. "I'm not going to starve my family and take away my advertising," he said.

McDonald said he has taken photos of other signs around town he says are in violation of the ordinance and brought them to court with him.

The sign ordinance, passed April 17, 2006, states that any commercial banner must be securely attached to an exterior wall or support structure of the building. Even when attached to metal posts and wood, like the banner at Pizza Inn on Gordonville Road, the sign may still be noncompliant.

"The intent here is for these type of banner signs to be attached to the building to be compliant with the code," Morgan said. "This particular sign may also violate the public right-of-way provision."

The right-of-way provision says no signs except traffic signs can be placed in the public right of way.

jsamons@semissourian.com

335-6611, extension 245