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HomeMy WebLinkAboutItem 09 - AM14-02 Temporary Political SignsMks FROM: BRUNO RUMBELOW, CITY MANAGER VJ�— SUBJECT: AM14-02 GRAPEVINE CODE OF ORDINANCES — CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC WAYS IJ-999MURMNOEM City Council to consider an ordinance amending Chapter 20, Streets, Sidewalks, and other Public Ways relative to temporary political signs on city property designated as a polling location and in public rights-of-way 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. The 2013 passage of HB259 (83R) makes it illegal to prohibit temporary political signs at a publicly owned building when used as a polling location, but the legislation also allows for enactment of reasonable regulations. Because of this change, our current ordinance is invalid at our polling location, which is invariably a publically owned property. At the April 1st Workshop, Council discussed a proposed ordinance that would allow temporary political signs not to exceed four square feet (2'x2') on the public rights-of-way and on publically owned property designated as a polling location. During discussion, Council requested Staff to include additional language to the proposed ordinance that would allow: • placement of 25 temporary political signs per candidate or ballot measure on public property designated as a polling location; • signs be supported by a stake not to exceed a 9 gauge in diameter (under the American Wire Gauge Standard), Staff extended this regulation to the temporary signs allowed in the public rights-of-way for continuity purposes; and • signs be placed in perimeter landscaping, clear of interior landscaping islands, tree roots and irrigation lines The attached ordinance includes the above modifications shown in red, in addition to some housekeeping language relative to allowing political signs at an election poll located within Grapevine, but which do not involve Grapevine citizens. These changes 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 regulations have been applied to this year's designated polling location, the Grapevine Convention Center, and show the areas for placing temporary political signs at the polling location. IMJ \ZCU\AM14-02.4 4/4/2014 4:26:17 PM - .. ORDINANCE NO. l q- 0 3L, 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. ROW, THEREFORE, ORDAINED BY THE CITY COUNCIL OF OF 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 -wa - -- -- --V r- ...._, -.7 . - -,- a�plTppi 0 � public rights-e-way as mss^'`" d hereiR, Political signs of a temporary nature of not more than four square feet in area, that are attached to a stake not to exceed a 9 gauge diameter (American Wire Gauge Standard "AWG") driven into the ground well clear of tree roots irrigation lines and any other underground vegetation or structure, may be placed in public rights -of -way in that portion of the City of Grapevine represented by a candidate or ballot 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, that are attached to a stake not to exceed a 9 gauge diameter (American Wire Gauge Standard "AWG ") driven into the ground well clear of tree roots, irrigation lines and any other underground vegetation or structure, 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 portion of the Gity of Gfapevine Mm only adjaGent to designated vGting IgGatffiGRs 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 ORD. NO. 2 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." 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: Twenty -five temporary political signs per candidate or ballot measure not to exceed four square feet in area (2'x2'), that are attached to a stake not to exceed a 9 gauge diameter (American Wire Gauge Standard "AWG ") driven into the ground well clear of tree roots, irrigation lines and any other underground vegetation or structure, may be placed in the perimeter landscaping directly associated to 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 of the polling location 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 ORD. NO. 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 day of APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4