HomeMy WebLinkAboutORD 1990 Amending Chapters regarding Signs and Trash EnclosuresCity of West University Place
Harris County, Texas
Ordinance No. 1990
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTERS 6 AND 38 OF THE
WEST UNIVERSITY PLACE CODE OF ORDINANCES BY AMENDING
SECTIONS 6 -19 AND 6 -20 REGARDING ADVERTISING (SIGNS); AND
BY AMENDING SECTION 38 -55 REGARDING TRASH CONTAINERS
AND TRASH ENCLOSURES; CONTAINING FINDINGS AND OTHER
PROVISIONS RELATING TO THE SUBJECTS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE:
Section 1. Chapter 6 of the Code of Ordinances of the City of West University
Place, Texas (the "Code of Ordinances ") is amended by adding definitions to Section 6 -19
and by adding a list of prohibited signs to Section 6 -20, as set out in Appendix A, attached
hereto. All other portions of Chapter 6 of the Code of Ordinances not specifically
amended hereby remain in full force and effect.
Section 2. Chapter 38, Section 38 -55 of the Code of Ordinances is amended by
adding provisions related to trash container lids and trash enclosures as set out in
Appendix A, attached hereto. All other portions of Chapter 38 of the Code of Ordinances
not specifically amended herby remain in full force and effect.
Section 3. All ordinances and parts of ordinances in conflict with Ordinance are
repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other part
of this ordinance or the application thereof to any person or circumstance, shall ever be
held to be invalid or unconstitutional by any court of competent jurisdiction, neither the
remainder of this ordinance, nor the application of such word, phrase, clause, sentence,
paragraph, section or other part of this ordinance to any other persons or circumstances,
shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which this
ordinance was discussed, considered or acted upon was given in the manner required by
the Texas Open Meetings Act, as amended, and that each such meeting has been open to
the public as required by law at all times during such discussion, consideration and action.
The City Council ratifies, approves and confirms such notices and the contents and
posting thereof.
Section 5. This ordinance shall become effective on the tenth day following its
publication, as provided in the City Charter.
CONSIDERED, PASSED, AND APPROVED on first reading on May 12 , 2014.
CONSIDERED, PASSED, AND APPROVED on second reading, AND SIGNED, on
May 19 , 2014.
SEAL)"�
daAii AA es *r m A,., , Signed:
t City Secretary Mayor
Recommended:
IW4.
City Manager
Approved as to legal form:
City Attorney
APPENDIX "A"
Amend Sections 6 -19 and 6 -20 of the City Corte of 'Ordinance.5 fior "Advertising" as follows:
Sec. 6 -19. Defmitions.
Add the following words, terms and phrases, to this article, which shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Abandoned means a sign that had a permit, but the permit has been expired
for 30 or more consecutive days and/or does not identify or advertise a bona fide
business, lessor, service, owner, product, event or activity, or pertains to a time,
event or purpose which no longer applies.
Balloon and other floating device. A visible airtight or air -flow through
apparatus commonly made of latex, Mylar or other similar material that extends by
a cord, rope, string wire or other similar material.
Billboard. A sign erected in the outdoor environment for the purpose of the
display of commercial or noncommercial messages not pertinent to the use of
products sold on, or the sale or lease of, the property on which it is displayed.
Moving sign. Any sign, sign appendages or apparatus designed or made to
move freely in the wind or designed or made to move by an electrical or mechanical
device.
Off-location or off - premises sign. A sign that advertises, promotes or pertains
to a business, person, organization, activity, event, place, service, product, etc., at a
location other than where the business, person, organization, activity, event, place,
service, product, etc., is located.
Portable sign. Any sign designed or intended to be relocated from time to
time, whether or not it is permanently attached to a building or structure or is
located on the ground.
Roofsign. A sign mounted on and supported by the roof portion of a
building or above the uppermost edge of a parapet wall of a building or structure.
Searchlight (or skylight). Any apparatus capable of projecting a beam or
beams of light.
Wind device. Any pennant, streamer, spinner, balloon, cloud buster balloon,
inflatable object or similar device made of cloth, canvas, plastic or any flexible
material designed to float or designed to move, or move freely in the wind, with or
without a frame or other supporting structure.
Sec. 6 -20. General prohibitions, permits.
(a)Compliance required. Within the city limits, it shall be unlawful for any person:
(1)To erect, place or alter any sign which does not comply with this chapter or
which exceeds any limit prescribed by this chapter; or
(2)To use, own or control any place where a sign is located, if the sign does not
comply with this chapter, or if it exceeds any limit prescribed by this chapter.
(3) The construction. placement, existence, use of or advertisement on signs of
the following nature is prohibited:
(1)Abandoned signs.
(2)Balloons and other floating devices.
(3)Billboards.
MMoving signs.
(5)Off- location or off - premises signs.
(6)Portable signs.
(7)Roof signs.
(8)Searchlight or skylight signs.
(9)Wind devices.
(10)Prohibited signs, such as, but not limited to:
a. Any sign not referenced in or governed by this chapter;
b. Any changeable electronic variable message sign (CEVMS) or light
emitting diode (LED) billboards located, relocated, or upgraded along
a regulated highway within the corporate limits or extraterritorial
jurisdiction of the city;
C. Any sign erected or installed in or over a public right -of -way or
access easement, unless permitted within this chapter;
d. Any sign that does not comply with this or other applicable
municipal ordinances, or those which do not comply with federal or
state laws;
e. Any sign supported by a bench, tree, rock, bridge, public utility
pole;
f. Any sign supported by a fence not otherwise in compliance with this
ordinance; or
g. Any sign not allowed or defined by this chapter.
(b)Permits for fixed signs. Within the city limits, except as authorized by a valid and
unexpired permit issued pursuant to this section, it shall be unlawful for any person:
(1)To erect, place or structurally alter a fixed sign; or
(2)To use, own or control any place where and when a fixed sign is erected, placed
or structurally altered.
Amend Section 38 -55 of the City Code of Ordinances for "Garbage and Trash " as follows:
Sec. 38 -55. Commercial collections; containers.
(A)In general. Commercial collection rules shall apply to any school, church, business
establishment, commercial, industrial or other premises not used exclusively for
residential purposes in the city (collectively referred to below as "nonresidential
premises "). The city will not provide commercial collection of garbage or trash.
Collection of commercial garbage and trash is the responsibility of the property owner or
other person in control of the premises, who must provide adequate collection to prevent
the unauthorized accumulation of garbage and trash. This may require a "dumpster" or
other container for garbage or trash with a capacity larger than 95 gallons (referred to
below as a "large container ").
(B)Container regulations.
(1)It shall be unlawful for any person owning or controlling any nonresidential
premises to maintain or allow the outdoor accumulation of garbage or trash on (or
adjacent to) the premises, except within a container that is:
a. Made of metal or other rigid material;
b.Designed, constructed and maintained to completely enclose garbage or
trash and prevent the entry of vermin; and
c. Kept completely closed at all times, except when being filled, emptied
or cleaned with a top or lid that is made for that container. All
containers used by the public must be kept closed with a top or lid at
all times.
(2)It shall be unlawful for any person owning or controlling any nonresidential
premises to place, use, maintain or allow any large container on those premises, if
it does not comply with the additional criteria for large containers set out in
subsection (C), below.
(3)lt shall be unlawful for any person to own any large container, or to place, lease,
rent, control, empty or service it, if the container is:
a. Located on nonresidential premises; and
b. Does not comply with the additional criteria for large containers set out
in subsection (c), below.
(4)It shall be unlawful for any person to empty, clean or service any large
container on any day after 7:00 p.m. or before 7:00 a.m., or to knowingly cause or
allow it to occur.
(C)Additional criteria for large containers. Large containers on nonresidential premises
must:
(1)Comply with the zoning ordinance as to location, screening, etc.; large
containers must also comply with the following specific location and screening
requirements as follows:
(a) Intent. Dumpsters shall be located and screened from public view.
(b) Placement Dumpsters shall be located in the side or rear of the property,
at least 10' from the property line, so they generally are not visible from the
public right of way and are screened with plantings or durable materials
compatible with adjacent architecture. They shall be located outside of the
required building setback area.
(c) Screening. Dumpsters shall be screened on three sides, using one of the
following methods: a
i. A masonry wall enclosure of a height that is a minimum of one foot above
top of dumpster.
ii. A planting enclosure of large evergreen shrubs planted a minimum of four
feet apart that shall create a solid screen to a minimum height of seven feet
within two years.
iii. A combination of the subsections M and (ii) of this section. All dumpster
screening plans shall be identified and detailed on a submitted and approved
site plan.
(d) Enclosure Size
The minimum enclosure size for refuse and recvclin2 containers shall be
based upon a seven -foot wide by seven -foot deep container (ten -cubic yard
container). The interior dimensions of the enclosure shall provide the
following minimum clearances:
i. The minimum side -to -side clearance between containers and/or enclosure
walls shall be two and one -half feet.
ii. The minimum front -to -back clearance between containers and enclosure
walls or gates shall be two feet.
(e)Have a conspicuous notice reading as follows: "Unlawful to empty this
container after 7:00 p.m. or before 7:00 a.m. in the City of West University Place.
This container must be kept closed except when being filled, emptied or cleaned."
The notice must be printed with red letters at least two inches high on a white
background, and it must be permanently affixed (or painted) in a location where it
is plainly visible to any person filling or emptying the container.