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.
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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
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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