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HomeMy WebLinkAboutOrd 1477 - ORD Signs Ordinance No. 1477 AN ORDINANCE RELATING TO SIGNS; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section L Subsection (b) of Section 13-104 of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: (b) As provided by TEX. REV. CIV. STAT. art. 2372cc, signs not authorized by state law are prohibited on public road rights of way. The traffic control officer shall enforce said art. 2372cc within the City (including the confiscation and sale of signs), but subject to the same limitations prescribed in art. 2372cc for the sheriff or constable and subject to Chapter 3 of this Code. The traffic control officer is authorized to make the determinations and exemptions contemplated by Section 5 of art. 2372cc. Section 2. Section 3-34 (relating to the permission of city council) of the Code of Ordinances of the City of West University Place, Texas is hereby amended to read in its entirety as follows: Sec. 3-34. City land, easements, etc. (a) It shall be unlawful for any person to place or maintain a sign of any type, except official signs and notices, in, on, or over any land, easement, right of way or other area controlled by the City unless the placement is authorized by: (i) a permit issued by the city councilor, (ii) in the case of high-clearance banners only, a registration with the traffic control officer. As provided in TEX. REV. CIV. STAT. art. 2372cc, signs not authorized by state law are prohibited on public road rights of way, and any permit issued for a sign in violation of said art. 2372cc is void. The prohibitions and penalties prescribed by this Code do not apply to any conduct prohibited by said art. 2372cc. (b) A high-clearance banner above a street is not "on" a public road right-of-way within the meaning of art. 2372cc, because of the minimum height and other restrictions imposed by this section. (c) As use", .n this section, a "high-clearance bannel lS a cloth or fabric banner which meets all of the following criteria: (1) No part of the banner is lower than 15 feet above the highest point of any vehicular roadway or sidewalk beneath it. (2) The banner is not attached to any pole, wire, traffic control device, curb, pavement or other facility owned by the City or by the public. (3) The banner is located above Buffalo Speedway, University Boulevard, Edloe, Auden or Weslayan. (4) The banner is not present above a street for more than 30 days (aggregate) in any calendar year. (5) The banner is registered in advance with the traffic control officer, upon a standard form prescribed by the traffic control officer. After twelve banners are registered for any given calendar year, no further registrations for that year are effective. No more than two banners may be registered (or displayed) for any given time interval. No more than two banners for any single person or organization may be registered or displayed in any given calendar year. Banners are given priority strictly on the basis of the dates they are registered, but no registration is effective if made more than two years in advance. (d) Neither the traffic control officer nor any other City officer or employee is authorized to physically place or attach banners. This shall be the responsibility of the person who registers the banner. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby 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 6. This ordinance shall become effective on the tenth day following its publication, as provided in the City Charter. PASSED AND'APPROVED ON FIRST READING,this (/~ay of ~ ,19_. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: /J PASSED AND APPROVED ON SECOND READING, this li~y of ,L!/h///M'k~, 191:3 Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: Signed: &il, 'Z01~ Mayor Attest: (Seal) ~~~ CIty cretaI)' Reviewed: ~~ 13b:\osign.54