Ordinance No. 15,246 ORDINANCE NO. 15,246
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
SUBPART B "LAND DEVELOPMENT CODE," CHAPTER 118 "SIGNS,"
ARTICLE II "ADMINISTRATION," DIVISION 4 "PERMITS," SECTION 118-
139 "POLITICAL SIGNS;" PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown, Texas("the City"), a home-rule municipality, may enact
reasonable regulations to promote the general welfare, health, and safety of the City; and
WHEREAS, the City generally requires permits or licenses to aid in the orderly evaluation
of compliance with reasonable regulations of the time, place and manner of the use of City
property; and
WHEREAS, Chapter 61 of the Texas Election Code provides that the City may provide
reasonable time, place, and manner regulations regarding electioneering during voting periods on
public property; and
WHEREAS, the City Council of the City of Baytown, Texas ("City Council") provides
exception to the permit requirements for the placement of signs in connection with electioneering
during voting periods in Section 118-139 of the Code of Ordinances, Baytown, Texas; and
WHEREAS, the City desires to amend Chapter 118 of the Baytown City Code and replace
Section 118-139 of the Baytown City Code to designate voting period sign placement location
areas and adopt the "Voting Period Sign Locations Designation Diagram for Baytown City Hall
Annex," and to enact other related regulations; and
WHEREAS, the City Council finds that during voting periods of governments-held
elections, there is an increase in demand to use City property for electioneering through sign
placement on public property that serves as a voting location, which requires the most efficient
and orderly access to public property during voting periods; and
WHEREAS, the City Council finds that this amendment is tailored to the City's need to
protect the safety, aesthetics, and property values of the City, and improve traffic safety; and the
City further finds that other means of electioneering are available; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That all matters, facts and purposes set forth in the recitals hereinabove are
found to be true and are approved by the City Council of the City of Baytown, Texas.
Section 2: That the Code of Ordinances, Baytown, Texas, Subpart B "Land
Development Code," Chapter 118 "Signs," Article II " Administration," Division 4 "Permits,"
Section 118-39 'Political Signs," is hereby amended to include the regulations attached hereto as
Exhibit "A" and incorporated herein for all intents and purposes.
Section 3: That the Code of Ordinances, Baytown, Texas, Subpart B "Land
Development Code," Chapter 118 "Signs," Article II "Administration," Division 4 'Permits,"
Section 118-139, 'Political Signs" is hereby amended to read as follows:
SUBPART B. LAND DEVELOPMENT CODE
CHAPTER 118. SIGNS
ARTICLE IL ADMINISTRATION
DIVISION 4. PERMITS
See. 118-139. Electioneering with Placement of Signs During Voting Periods.
(a) Definitions.
(1) Voting Period. In this section, voting period means the period beginning when
the polls open for voting and ending when the polls close or the last voter has voted, whichever is
later, as provided for in Section 61.003 of the Texas Election Code, as amended.
(2) Public Property. In this section, public property means any property owned or
operated by a government entity and open to the public and used for a public purpose.
(3) Electioneering. In this section, electioneering includes the posting, use, or
distribution of political signs or literature, as provided in Section 61.003 of the Texas Election
Code, as amended.
(4) Signs. In this section, sign means a sign used to electioneer by containing
messages that refer to issues or candidates involved in an election ordered by a governmental
entity, as provided in Chapter 61 of the Texas Election Code, as amended.
(b)Public property.
(1) Public property that serves as an early voting location or election day voting location
for an election ordered by a governmental entity may be used to electioneer by sign
placement. A sign placed on public property under this section may not:
(i) be placed in a location within 100 feet of any building entrance;
(ii) have a surface area greater than 36 feet, excluding the sign structure;
(iii) be more than eight feet high;
(iv) be cemented into the ground or otherwise become permanently affixed to
public property;
(v) be illuminated;
(vi) be affixed to any utilities;
(vii) have any moving elements;
(viii) be placed in a manner that creates a safety hazard, as interpreted by the
sign administrator;
(ix) be placed in or over any public right-of-way; or
(x) be placed outside the perimeter entrance points as designated in the "Voting
Period Sign Designation Locations Diagram," as amended, and incorporated
into this section as Exhibit "A." Said diagram can be found in the city clerk's
office.
(2) Nothing in this section permits a person to place a sign on public property owned
or operated by a governmental entity, other than the city, if such placement is not
allowed by the governmental entity; nor does it permit a person to place a sign in a
form, manner, or location prohibited by another city ordinance or state or federal
law.
(3) Placement and Removal of Signs. A person who chooses to electioneer by sign
shall:
(i) not place or cause the placement of a sign on public property in violation of
any provision of Chapter 118 of this code;
(ii) not place or cause the placement of a sign on public property earlier than:
(A) one (1) week before commencement of the early voting period, if the
sign is being placed at an early voting location; or
(B) one (1) week before the election day voting period, if the sign is being
placed at an election day voting location;
(iii) remove all signs that the person placed, or caused to be placed, on the public
property not later than:
(A) one (1) calendar day after the last day of early voting, if the sign is
placed at an early voting location; or
(B) one(1) calendar day after election day,if the sign is placed at an election
day voting location; or
(iv) remove any said sign from a public property within 24 hours after notification
from the City that a sign is in violation of this section.
(4) The sign administrator may, without notice, confiscate and dispose of any sign
that is:
(i) placed on public property in violation of this section; or
(ii) not removed as required by this section.
Section 4: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency. In all other respects, this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 5: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this ordinance or the application of same to any person or set of circumstances shall
for any reason be held unconstitutional,void,or invalid, such invalidity shall not affect the validity
of the remaining provisions of this ordinance or their application to other persons or sets of
circumstances; and to this end, all provisions of this ordinance are declared to be severable.
Section 6: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption
of this ordinance to be published in the official newspaper of the City of Baytown at least twice
within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 271h day of October, 2022.
NDON CAPETILLO, Mayor
ATTEST:
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ANGELA JACKSON, CityCl,
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APPROVED AS TO FORM:
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SCOTT LE OND, City Attorney
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