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)
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CIty cretaI)'
Reviewed:
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