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January 20, 2010

TOWN OF LOCKPORT: Mongielo sign case proceeding to trial

TOWN OF LOCKPORT — A Robinson Road business owner is proceeding to trial next month on six zoning charges tied to his electronic business sign.

David J. Mongielo, owner of an auto service shop with a video-capable electronic business sign, faces three charges of violating a section of the zoning ordinance prohibiting the message on an electronic sign from changing more than once every 10 minutes. His company, Mongielo’s Tires & Services, faces the same charges.

Mongielo and his business are accused of displaying messages improperly on specific dates in February, March and April 2009. The messages all involved non-commercial speech.

Mongielo appeared before Town Justice Raymond E. Schilling briefly Tuesday night, a date set aside for motions in the court case. There were none made by Mongielo or the town, prosecutor Bradley Marble said; and Mongielo did not seek or obtain a plea deal.

“(Mongielo) indicated he wants to take it to trial, so that’s the direction we’re going in,” Marble said.

If he’s convicted, Mongielo faces a maximum fine of $250 per violation.

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