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HomeMy WebLinkAboutItem 01 - Streets, Sidewalks and Other Public WaysMEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER V�— SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: AUGUST 2, 2011 SUBJECT: AM11 -02 - AMENDMENTS TO CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC WAYS RECOMMENDATION: City Council to consider possible amendments to Grapevine Code of Ordinances, regulating temporary political signs and take any necessary action. BACKGROUND INFORMATION: On June 7, 2011 and July 5, 2011„ City Council discussed possible amendments to Chapter 20 of the Grapevine Code of Ordinances relative to political signs. As a result of this discussion, staff was directed to make certain changes to the code, which are summarized below: Chapter 20, Streets, Sidewalks and other Public Ways Section 20 -13.1, Signs on rights -of -way • Temporary political signs prohibited in rights -of -way in the Historic Districts. • Temporary political signs prohibited on public property such as schools, parks, city facilities, etc., except they may be located within the right -of- way at the polling places from the first day of early voting until three (3) days after the election. • Temporary political signs may not be placed in rights -of -way adjacent to private property if owner objects. Chapter 20, Streets, Sidewalks and other Public Ways Section 20- 39.11- 20- 39.15, Temporary Political Signs • This section is amended to clarify that the section is intended to regulate temporary political signs on private property only. RAAGENDA 12011108- 02- 111AM11- 02.4.doc 7/27/2011 4:48:10 PM Section 20 -13.1. - Signs on rights -of -way. (a) It shall be unlawful for any person to erect any type of sign; excluding authorized construction signs, or city, county, state and federal traffic - control signs; within the public right -of -way. (b) It shall be unlawful for any person to erect any type of sign on any public utility pole situated within the public right -of -way, except signs placed on said poles by the owners of same. (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 olitical signs. It shall be unlawful to place ternporaDL political signs on publicly owned property including but not limited to city parks, city facilities, school district property, or state or federally owned property except within public rights -of -way as described herein. 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 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 sions placed in the right-of -way shall be subject to the following conditions: a. Historic Districts. No temporary olitical signs shall be placed within the ri-ght-of-way within any desi nated Historic District. b. Public property. No temporary olitical sin 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 within the public right-of-wgy right-of-way in that portion of the Cit y of Grapevine represented by a candidate forwhich a resident of Grapevine may vote, only adjacent to designated voting locations 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 Vard of a developed Property which abuts a street if the owner, tenant or lessee objects to the placement of the sign. WZCUTAM11- 02.4.doc 6 7/21/2011 11:00:32 AM d. Violations. Sicins placed in violation of this ordinance are subject to removal by city officials or contractors and shall be discarded without notification. (2) Weekend advertising signs directing prospective purchasers of new residential developments may be placed in public rights -of -way only under the following conditions: a. Registration required. No person shall place weekend advertising signs in the right -of -way without annually registering with the community development department for each advertiser. b. Registration fee. The annual registration fee shall be $50.00. c. Placement. 1. The edge of the sign shall be no closer than three feet from the street curb or edge of pavement. 2. Signs of any one advertiser must be at least 1,000 feet apart. Sign spacing at intersections designating a change of direction may be reduced to a minimum of 400 feet. These distances are measured along the same street and on either side of the same street. 3. No sign shall be placed closer than 25 feet from an intersection nor obstruct vision of traffic. 4. No sign shall be placed along South Main Street from its intersection with Franklin Street to its intersection with Wall Street. 5. Weekend advertising signs shall not be placed in the right -of -way of the front yard nor on the side yard of a corner lot adjacent to a street, nor rear yard which abuts a street of developed property if the owner, tenant or lessee objects to the placement of the sign. d. Size limitation. Signs shall not exceed five square feet in size and shall be installed no more than 40 inches above grade. e. Time schedule. Signs shall only be allowed between the hours of 12:00 noon Friday until 12:00 noon Monday, except that if a legal holiday falls on a Friday, signs will be permitted commencing 12:00 noon Thursday, and if a legal holiday falls on a Monday, signs will be permitted until 12:00 noon Tuesday. f. Lighting restrictions. No sign shall be lighted. g. Maintenance. Any sign that is dented, faded or unclean shall be replaced. O:IZCUTAM 11- 02,4.doc 3 7/21/2011 11:00:32 AM h. Placement and removal of signs. Signs shall only be placed in the right - of -way or removed from the right -of -way between the hours of one hour after sunrise and one hour before sunset. No signs shall be placed in the right -of- way on Friday between the hours of 3:30 p.m. and 6:30 p.m. i. Permission may be granted by the director of community development to allow a maximum of three signs to an advertiser that would exceed the minimum requirements of subsection (c)(2)c.2. of this section. (3) Fines for noncompliance. Violators of any provision of this subsection 20- 13.1(c) shall be subject to the fines set forth in this Code and, in addition, signs in violation of subsection 20- 13.1(c) may be removed by any agent or employee of the city and destroyed without liability to the city or to its agents or employees. (4) It shall be unlawful to place or leave temporary signs listed in subsections (1) and (2) above in the public right -of -way at any time other than the specifically delineated period of time. (d) It shall be unlawful for any person to erect any type of sign on property owned or leased by the city, county, state or federal government or any other governmental entity without the expressed consent of said governmental entity. Any such sign erected in violation of this subsection may be removed by the authorized officials for said governmental entity. Section 20-39, Temporary political signs on private property Sec. 20- 39.11. - Definitions. [For the purposes of this division, the following words and terms shall have the meanings respectively ascribed:] Temporary is defined as a period 60 days prior to the election through ten days after the election. Temporary political sign is defined as any sign supported by the ground, either attached to the ground or a portable sign not attached to the ground, that is in support for a candidate for elected public office or is in support of or in opposition to any proposition that is on the election ballot of an election duly called pursuant to the Texas Election Code. Sec. 20- 39.12. - Placement; authority of chief building official; appeals from notice to remove. Temporary political signs, irrespective of the provisions of any other ordinance or ordinances of the city, may be placed on private property provided the chief building official of the city does not conclude that the placement of same constitutes a traffic hazard or endangers the health, safety, morals and general welfare of the citizens of the city. The WXUTAM 11- 02.4.doc 4 7/21/2011 11:00:32 AM chief building official is granted the authority to require any such sign to be removed. The owner may appeal any request by the chief building official to remove to the city council by submitting a written appeal to the city manager within two days of receipt of written notice to remove. During pendency of the appeal the sign may remain. The city council's decision shall be final. Sec. 20- 39.13. - Removal period; procedure in event of nonremoval. All temporary political signs shall be removed within a period not to exceed ten days after the election for which the sign was placed. Failure to remove said sign within the stated period shall give the chief building official the authority to remove said sign and to affix a lien against the property for the reasonable cost of removal. In order to affix a lien against the property, the chief building official shall follow the provisions of section 12-41 of the city Code. Sec. 20- 39.14. - Exceptions. The provisions of this division shall not be applicable to signs constructed in accordance with a permit issued by the chief building official in accordance with other relevant city ordinances dealing with signs. WZMAM 11- 02A.doc 5 7/21/2011 11:00:32 AM ORDINANCE NO. 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 11 "11" 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 General, Section 20- 13.1.(c).(1)., Signs on rights -of -way, 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. 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 except within public rights -of -way as described herein. 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 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 within the public right -of -way in that portion of the City of Grapevine represented by a candidate for which a resident of Grapevine may vote, only adjacent to designated voting locations 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." Section 3. That Chapter 20, Streets, Sidewalks and Other Public Ways, Article II, Outdoor Advertising, Division 3, Temporary Political Signs, is hereby amended by amending the heading to read as follows: "DIVISION 3. TEMPORARY POLITICAL SIGNS ON PRIVATE PROPERTY" Section 4. That Chapter 20, Streets, Sidewalks and Other Public Ways, Article to Outdoor Advertising, Division 3, Temporary Political Signs, Section 20 -39.95 Penalty is deleted in its entirety. ORD. NO. 2 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 2nd day of August 2011. APPROVED: ATTEST- APPROVED AS TO FORM: ORD. NO. 3