Ordinance No. 15,430 ORDINANCE NO. 15,430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 18,
"BUILDINGS AND BUILDING REGULATIONS" TO DELETE ARTICLE XIV,
"LANDSCAPING;" AMENDING THE CODE OF ORDINANCES, BAYTOWN,
TEXAS,SUBPART B,"LAND DEVELOPMENT CODE,"TO DELETE CHAPTER 112,
"OFF-STREET PARKING;" AMENDING THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, SUBPART B, "LAND DEVELOPMENT CODE," TO DELETE
CHAPTER 118, "SIGNS;" AMENDING THE CODE OF ORDINANCES, BAYTOWN,
TEXAS,SUBPART B,"LAND DEVELOPMENT CODE,"TO DELETE CHAPTER 126,
"SUBDIVISIONS;" AMENDING THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, SUBPART B, "LAND DEVELOPMENT CODE," APPENDIX A "UNIFIED
LAND DEVELOPMENT CODE," ARTICLE V "SIGNS," DIVISION II
"ADMINISTRATION," TO ADD SECTION 5.29 "ELECTIONEERING WITH
PLACEMENT OF SIGNS DURING VOTING PERIODS;" PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF TWO THOUSAND AND NO."100 DOLLARS ($2,000.00);
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS,on September 28,2022,the City Council of the City of Baytown authorized Ordinance
No. 15,192, which added multiple sections from the Code of Ordinances, Baytown, Texas, Subpart A
"General Ordinances," and Subpart B "Land Development Code," to the "Unified Land Development
Code;" and
WHEREAS, on October 27, 2022, the City Council of the City of Baytown authorized Ordinance
No. 15,246, which amended 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," to designate voting period sign placement location areas and adopt the "Voting Period Sign
Locations Designation for Baytown City Hall Annex,"and to enact other related regulations;and
WHEREAS,on April 13,2023,the City Council of the City of Baytown authorized Ordinance No.
15,414,which added additional sections from the Code of Ordinances,Baytown,Texas,Subpart A"General
Ordinances,"and Subpart B "Land Development Code," to the"Unified Land Development Code;" and
WHEREAS, at this time, it is necessary to officially delete those sections from Subparts A and B
of the Code of Ordinances,Baytown,Texas,that are now included in the Unified Land Development Code,
and to officially add Article V "Signs," Division Il "Administration," Section 5.29 "Electioneering with
placement of signs during voting periods," to the Unified Land Development Code;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Chapter 18, 'Buildings and Building Regulations," Article XIV "Landscaping"
of the Code of Ordinances,Baytown,Texas,is hereby deleted in its entirety.
Section 2: That Subpart B, "Land Development Code," Chapter 112, "Off-Street Parking," of
the Code of Ordinances,Baytown,Texas,is hereby deleted in its entirety.
Section 3: That Subpart B, "Land Development Code,"Chapter 118, "Signs,"is hereby deleted
in its entirety.
Section 4: That Subpart B, "Land Development Code," Chapter 126, "Subdivisions," of the
Code of Ordinances, Baytown, Texas, is hereby deleted in its entirety.
Section 5: That Subpart B, "Land Development Code," Appendix A "Unified Land
Development Code," Article V "Signs," Division 1I "Administration," is hereby amended to add Section
5.29 "Electioneering with Placement of Signs During Voting Periods" as follows:
SUBPART B. LAND DEVELOPMENT CODE
APPENDIX A. UNIFIED LAND DEVELOPMENT CODE
ARTICLE V. SIGNS
DIVISION Ii. ADMINISTRATION
Sec. 5.29. - 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;
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(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 6: Any person who fails to comply with any provision of this ordinance shall be guilty
of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which any such violation
shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the City may
pursue other remedies, such as abatement of nuisances, injunctive relief, administrative adjudication and
revocation of licenses or permits.
Section 7: 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.
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Section 8: 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 4: 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 Ieast 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 27"day of April, 2023.
A EST: ho�B�YT;�I�N ANDON CAPETILL , Mayor
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ANGELA 1 K N` Cijry4 {lerk
APPROVED AS TO F RM.
SCOTT LEM , City Attorney
R Scott.Ordinances 04-27-23 ULDCAmendment 04.27-23 final.docx
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