Lockport Union-Sun & Journal — The Town of Lockport's case against David J. Mongielo and his electronic sign has been moved to next week in Niagara County Court.
Mongielo is set to appear before Judge Matthew J. Murphy III for a hearing on his appeal of the 10-day jail sentence that he received in January.
A notice of Mongielo's appeal had been mailed to Lockport Town Court but was never received by the court clerk. Murphy will determine whether the appeal will be allowed to continue. In the meantime, Murphy granted a stay of the sentence.
Back in January, Mongielo was sentenced for breaking a term of the conditional discharge he’d received in 2010, when he was sentenced for his first violation of the town's electronic sign ordinance. The ordinance bans electronic signs that change message or format more than once every 10 minutes.
While under the one-year conditional discharge, Mongielo was charged with violating the sign ordinance a second time. The electronic sign in front of Mongielo’s business on Robinson Road reportedly was used to show a video advertising a fundraiser.