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Home My WebLink AboutWS Item 02 - Temporary Political SignsR• • RUMBELOW, SCOTT •P •. MEETING DATE: APRIL 1, 2014 SUBJECT: AM14 -02 WORKSHOP - GRAPEVINE CODE OF ORDINANCES — CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC WAYS City Council to consider an amendment to Chapter 20, Streets, Sidewalks, and other Public Ways relative to temporary political signs on and adjacent to city property, and take any necessary action. BACKGROUND INFORMATION: Chapter 20 of the Grapevine Code of Ordinances currently prohibits political signs on any publicly owned property, including but not limited to city parks, city facilities, school district property, or state or federally owned property. On June 14, 2013 the Texas Legislature passed HB259(83R) making it illegal to prohibit temporary political signs at polling locations. Because of this change, our current ordinance is invalid at polling locations, which are invariably publically owned property. The proposed ordinance has changes that reflect compliance with state law, while at the same time maintaining size regulation (four square feet) consistent with what Grapevine has allowed within public rights -of -way. The proposed ordinance also contains some housekeeping language relative to elections that may be held within Grapevine, but which do not involve Grapevine citizens. 1ZCUWM14 -02.4 3/27/2014 8:41:01 AM City Signs on Public Property Size of Sign Times Notes used as a Polling Location Bedford Allowed to carry or display Code does not address Code does not address After Election, will at polling location (no area consider amendments designated) Colleyville Impervious surfaces Code does not address Code does not address In public ROW, 30 days surround polling location prior to election and (signs placed in ROW) removed within 7 days after election, 16 s.f. per sign face; maximum height 6 feet Euless Allowed to display at polling 6 s.f. (2x3); 9 gauge stake Placed when polls open After Election, will location within designated restriction and removed within 24 consider amendment area adopted by Council hours of poll closing for regarding times both Early Voting and Election Day Flower Mound Limited to 2 signs per 6 s.f. (20); maximum Placed 12 hours before After Election, will vehicular access point, held height is 3 feet polls open and removed 12 consider amendment signs are not limited hours after polls close for regarding times both Early Voting and Election Day Hurst Allowed to display at polling 6 s.f. (2x3); 9 gauge stake Placed when polls open Not allowed in landscape location within designated restriction and removed within 48 or flower beds, not on area adopted by Council hours of poll closing for impervious surfaces, not both Early Voting and within 10 feet of ROW Election Day Keller Impervious surfaces 3 s.f. per sign face; Placed when polls open surround polling location; (3 maximum height is 4 feet and removed with 48 hours signs in designed area by (Administrative Policy) of poll closing for both Administrative Policy) Early Voting and Election Day (Administrative Policy) Southlake Impervious surfaces Code does not address Code does not address In public ROW: 32 s.f. surround polling location per sign face; maximum (signs placed in ROW) height is 8 feet Grapevine Proposed Allowed to display or carry 4 s.f. (2x2) First day of Early Voting on polling location and removal within 3 days after Election AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC WAYS, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Grapevine has determined that it is a necessity to regulate the activities and entities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein, and has compiled with all prerequisites necessary for the passage of this Ordinance; and WHEREAS, the City has determined that amendments of Chapter 20, Streets, Sidewalks and Other Public Ways of the Code of Ordinances is in the best interests of the City, and its citizens. 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, Article I, In General, Section 20 -13.1, is hereby amended by amending the heading to read as follows: "Sec. 20 -13.1 Signs on public property and rights -of- way ". Section 3. That Chapter 20, Streets, Sidewalks and Other Public Ways, Article I, In General, Section 20- 13.1(c). is hereby amended to read as follows: "(c) Temporary signs may be placed in the public right -of -way if they fall within the following categories and comply with the stated requirements: (1) Temporary political signs in public rights -of -way. it sh 11- be d"StF*Gt property, 9F state eF federally owRed pFoperty eX-Gept within publiG Fights of way a6 deeGribed herein. r Political signs of a temporary nature of not more than four square feet in area may be placed in public rights -of -way in that portion of the City of Grapevine represented by a candidate or measure for which a resident of Grapevine may vote. Said signs may be placed in said rights -of -way beginning on the first day of the early voting period, for which they are posted and shall be removed within three days after the election. Temporary political signs placed in the right -of- way shall be subject to the following conditions: a. Historic Districts. No temporary political signs shall be placed within the right -of -way within any designated Historic District. b. Public property. No temporary political sign shall be placed within right -of -way adjacent to public property, including but not limited to city parks, city facilities, school district property, or state or federally owned property. Exception: Temporary political signs not to exceed four square feet may be placed on public rights -of -way adjacent to the property of the polling location in accordance with Texas Election Code Section 61.003 or 85.036. Said signs may be placed Fight of way in that portioR of th;-: City of Grapevine GFape i , vote, only adjaGent to designated voting aesat; beginning on the first day of each voting period and shall be removed within three (3) days after the election." C. Private property. Temporary political signs shall not be placed in the right -of -way adjacent to the front yard of a lot, nor adjacent to the side yard of a corner lot, nor adjacent to the rear yard of a developed property which abuts a street if the owner, tenant, or lessee objects to the placement of the sign. d. Violations. Signs placed in violation of this ordinance are subject to removal by city officials or contractors and shall be discarded without notification." ORD. NO. 2 Section 4. That Chapter 20, Streets, Sidewalks and Other Public Ways, Article I, In General, Section 20- 13.1(c) is hereby amended with the addition of a new subsection (2) relative to Temporary political signs on public property and renumber the remaining of the section: "(2) Temporary political signs on public property. It shall be unlawful to place temporary political signs on publicly owned property including but not limited to city parks, city facilities, school district property, or state or federally owned property. Exception: Temporary political signs not exceeding four square feet in area may be placed on the property of the polling location in accordance with Texas Election Code Section 61.003 or 85.036. Said signs may be placed on the property beginning on the first day of the early voting period, and shall be removed within three days after the election." Section 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 6. 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 7. That if any section, subsection, sentence, clause or phase 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 8. 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 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 day of ORD. 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