Creamy Whip's 6-foot ice cream cone controversy headed to trial - FOX Carolina 21

6-foot ice cream cone comes down following months of controversy

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GREENHILLS, OH (FOX19) -

The Creamy Whip store owners in Greenhills pulled a six-foot tall ice cream cone from the roof following months of controversy.

The owners pleaded not guilty in early August to two citations issued because of their six-foot ice cream cone.

"Is it bothering anybody? I know that there are laws and things that have to be followed, but there was never any malice intended putting it up," Tracey Rieger, owner of The Creamy Whip, told FOX19 in July.

Tracey Rieger and her husband were served two citations by the Greenhills Police Department, one for not having a permit and the other one states a mounted roof sign is prohibited.

The Greenhills sign ordinance states: "No building shall have a roof mounted sign, except for signs mounted on the face of a mansard roof."

However, Rieger says the cone is not a sign.

"We have a sign, 'The Creamy Whip,' so it is literally is just an ornamental decoration that's on top of the roof," said Rieger.

The Creamy Whip employs 24 people, and the Riegers say they're just trying to help the community.

"We love it. People have come and said how much they appreciate it and appreciate what we've done to bring a little bit of life and a little bit of color and cleanliness back to this shopping center," said Rieger. 

Greenhills Municipal Manager Evonne Kovach argues there's more to it.

"It's certainly a safety issue, but I also think it's aesthetics. One of our concerns is if our one and only little strip center, what if everyone wanted to put something on top of there," said Kovach. "Think how that might look."

The cone came down on Monday evening after the owner of the Greenhills Shopping Center was told by police that he would be cited. 

However, individuals associated with the store tell FOX19 that they will go to court to appeal the citations. They say they expect the cone to be re-installed in April. 

Copyright 2013 WXIX. All rights reserved.

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