HomeMy WebLinkAboutAM2011-02wS i°rEnn #.__l.
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: JUNE 7, 2011
SUBJECT: WORKSHOP - AMENDMENTS TO CHAPTER 20, STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS AND CHAPTER
RECOMMENDATION:
City Council to consider possible amendments to Grapevine Code of Ordinances,
regulating temporary political signs and take any necessary action
Section 20-13.1 of the Grapevine Code of Ordinances regulates temporary political signs in
rights-of-way. This section limits the size of such signs to four square feet, and allows signs
only for candidates for which a Grapevine citizen may vote. The ordinance does not have
any limitations on placing temporary political signs in right-of-way in front of city or school
property; such placement is currently legal. The ordinance does not have any provision for
allowing signs to be placed on public property other than right-of-way.
Temporary political signs may be placed in right-of-way to coincide with early voting, and
must be removed within 3 days following the election.
It should be noted that the exact location of the right-of-way is very difficult to determine. A
rule of thumb in most areas is that the right of way extends approximately 9-1/2 feet from
the back of curb or pavement edge, but this is only an approximation. Without a survey of
the property, exact location is not possible.
Section 20-39.11- 20-39.15 of the Grapevine Code of Ordinances regulates temporary
political signs on private property. Sign size and location is not regulated, but signs may
only be placed 60 days prior to the election, and must be removed 10 days after the
election. Signs may be removed by the building official if they constitute a traffic hazard, or
if they pose a threat to the health safety and welfare of citizens.
Staff has conducted a survey of the following area cities: Bedford, Colleyville, Coppell,
Euless, Flower Mound, Hurst, Keller, North Richland Hills and Southlake. A simplified
R:\AGENDA\2011\06-07-11\AM11-02.4.doc 6/1/2011 3:52:59 PM
chart showing the more pertinent requirements is attached. It should be noted that many of
these cities do not allow temporary political signs in the right-of-way.
Should Council wish to make any amendments to the ordinance, staff will bring a draft to a
future workshop or Council meeting.
R:\AGEN DA\2011 \06-07-11 \AM 11-02.4.doc
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6/1/2011 3:52:59 PM
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MEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
Q)K ITEM#
HONORABLE MAYOR, CITY COUNCIL MEMBERS
BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
JULY 5, 2011
WORKSHOP - AMENDMENTS TO CHAPTER 20, STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS AND CHAPTER
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, City Council discussed possible amendments to Chapter 20 of the
Grapevine Code of Ordinances relative to political signs. As a result o f 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 restates that temporary political signs are prohibited on
public property, except at polling places.
Should City Council agree to these proposed amendments, they will be brought forward to
a future public hearing for approval.
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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) 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 signs placed in the right-of-way shall be subject to the
following conditions:
a. Historic Districts. No temporary political signs shall not be
placed within the right-of-way within any designated Historic
District.
b. Public property. No temporary political sign shall be placed on
publicly owned property or within right-of-way adjacent to such
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.
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2
d. Violations. Signs 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.
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3
g. Maintenance. Any sign that is dented, faded or unclean shall be replaced.
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
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
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CI
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. Such
signs are expressly prohibited on publically owned property including, but not
limited to city parks, city facilities, school district property, state and federally owned
property, except that 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. The 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.
Sec. 20-39.15. - Penalty.
Any person violating any of the portions of this division shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be fined $1.00 to $200.00, and each day
such violation continues shall constitute a separate and distinct offense.
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k,
I
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: AUGUST 2, 2011
SUBJECT: AM11-02 - AMENDMENTS TO CHAPTER 20, STREETS,
SIDEWALKS AND OTHER PUBLIC WAYS
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.
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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 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.
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d. Violations. Signs 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.
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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.
L 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
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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.
NTMI.Wrin.• • a • • • •
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