HomeMy WebLinkAboutORD 2008-060 ORDINANCE NO. 2008-60
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING CHAPTER 20 OF
THE GRAPEVINE CODE OF ORDINANCES, STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS, RELATIVE TO
NEWSRACKS, PROVIDING AMENDMENTS TO SAME,
PROVIDING A PURPOSE AND INTENT; DEFINING
TERMS; PROHIBITING NEWSRACKS ON PUBLIC
STREETS, SIDEWALKS, ALLEY'S AND OTHER PUBLIC
RIGHTS OF WAY AND PROPERTY OWNED BY THE CITY
OF GRAPEVINE WITHIN CERTAIN HISTORIC AREAS OF
THE CITY; PROVIDING FOR THE REMOVAL OF
NEWSRACKS FOR VIOLATIONS OF THIS ORDINANCE;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
PENALTY NOT TO EXCEED $100; PROVIDING A SAVING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has recognized the important cultural and
educational significance of the City's historic properties and districts by designating
such areas as Historic Districts and Landmarks, and creating zoning overlay districts;
and
WHEREAS, the City Council has established extensive and restrictive
ordinances and design criteria for such districts and landmarks in order to maintain their
historic aesthetics and integrity and enhance the City's historic architecture; and
WHEREAS, the City has invested significantly in the preservation of its historic
aesthetics and architecture, including instituting and funding the installation of a fire
sprinkler system within buildings along the City's historic Main Street; and
WHEREAS, the City Council finds and declares that the installation of newsracks
located in the public right-of-way must be regulated in order to ensure safe and
unobstructed passage of pedestrians over those portions of the public right-of-way open
and not open to vehicular traffic; and
WHEREAS, the proliferation of newsracks can impede pedestrian traffic,
including requirements for disability access and pose a significant hazard and
inconvenience to pedestrians, abutting landowners, property, and vehicular traffic; and
WHEREAS, the lack of uniform design and appearance standards for newsracks
and other street furniture and streetscape creates visual clutter and blight and has a
deleterious effect on the aesthetic quality of the city's public right-of-way in general; and
WHEREAS, the aforementioned issues presented by newsracks are exacerbated
in and around the City's Historic Districts, the Township (platted as the Original Town of
Grapevine), and Landmarks, and such newsracks threaten the aesthetic goal of
enhancing the City's historic architecture; and
WHEREAS, the City Council finds that there are reasonable alternatives
available for the publishers of newspapers to display and sell their newspapers; and
WHEREAS, the City determines that prohibiting the placement of newsracks
upon any public street, sidewalk, alley or any other public right -of-way or City owned
property in the City's Historic Districts, the Township, and Landmarks is necessary to
protect the historic aesthetics and integrity of such areas; and
WHEREAS, the City Council determines that this prohibition represents the least
restrictive means available to protect the historic aesthetics and integrity of the City's
historic areas; and
WHEREAS, the City intends this ordinance to be applied and enforced on a
content-neutral basis; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein, and has complied with all the prerequisites necessary for the passage
of this Ordinance, including but not limited to the Open Meetings Act; and
WHEREAS, the purposes of this Ordinance are to promote the public health,
safety, and general welfare of the citizens of the City of Grapevine.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated hereinabove are found to be true and correct
and are incorporated herein by reference as if copied in their entirety.
Section 2. That Chapter 20, Streets, Sidewalks and other Public Ways, of the
Grapevine Code of Ordinances is hereby amended by the addition of a new Section 20-
20, Newsracks Placed Within Public Right-of-Way Prohibited, to read as follows:
"Sec. 20-20. Newsracks placed within public right-of-way in historic areas
prohibited.
(a) It shall be unlawful for any person to place, operate or maintain any
newsrack upon any public street, sidewalk, alley or any other public
right -of-way or City owned property, located within any property
designated with a Historic Zoning Overlay District, Individual
Landmark, the Grapevine Township District, or property designated
on the National Register of Historic Places.
ORD. NO. 2008-60 2
For the purposes of this section, newsrack shall be defined as any
self service free, coin, cash or credit card operated container, rack,
or structure used or maintained for the display distribution, or sale
of newspapers, periodicals, or other publications.
(b) Procedure for Abatement: The Building Official or his designee
shall notify the owner of any newsrack placed upon public right-of-
way or City owned property in violation of this ordinance that such
newsrack shall be removed.
Such notification shall be by one of the following methods:
(1) Mailing the owner of such newsrack a letter demanding
removal.
(2) Posting of a notice on the newsrack demanding removal.
(3) Publication in the official newspaper of the City an order to
remove the newsrack.
After the expiration of seven (7) days following the notification, the City
shall remove the newsrack. The City will keep the newsrack for a period
of at least seven (7) days and shall return the newsrack upon request
provided the owner reimburses the City for any and all expenses
incurred."
Section 3. That a person who installs, operates, or maintains any newsrack
upon any public street, sidewalk, alley, or other public right-of-way or property owned by
the City of Grapevine within the City in violation of this Section is guilty of an offense
and upon conviction, is subject to a fine not to exceed one hundred dollars ($100) for
each day that the violation exists.
The penalties provided for in this Section are in addition to any other enforcement
remedies that the City may have, other City Ordinances, or State Law.
Section 4. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 5. That if any section, subsection, sentence, clause or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
ORD. NO. 2008-60 3
emergency for the immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 18th day of November, 2008.
APPROVED:
William D. Tate
Mayor
ATTEST:
w
Lin Huff
City Secretary
APPROVED AS TO FORM:
—
John F. Boyle, Jr.
City Attorney
ORD. NO. 2008-60 4