Ordinance No. 15,870 ORDINANCE NO. 15,870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART B,
"LAND DEVELOPMENT CODE,"APPENDIX A"UNIFIED LAND DEVELOPMENT
CODE," ARTICLE V "SIGNS," DIVISION II "ADMINISTRATION," SECTION 5.29,
"ELECTIONEERING WITH PLACEMENT OF SIGNS DURING VOTING PERIODS"
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That Subpart B, "Land Development Code," Appendix A, "Unified Land
Development Code," Article V "Signs," Division II "Administration," Section 5.29, "Electioneering with
placement of signs during voting periods,"of the Code of Ordinances,Baytown,Texas,is hereby amended
to remove subsection(b)(1)(j)
Section 2: That Subpart B, "Land Development Code," Appendix A, "Unified Land
Development Code," Article V "Signs," Division II "Administration," Section 5.29, "Electioneering with
placement of signs during voting periods,"of the Code of Ordinances,Baytown,Texas,is hereby amended
to read 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 V.T.C.A. Election Code§ 61.003, 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 V.T.C.A., Election Code § 61.003, 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
V.T.C.A.,Election Code Ch. 61, 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:
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a. Be placed in a location within 100 feet of any building entrance;
b. Have a surface area greater than 36 feet, excluding the sign structure;
c. Be more than eight feet high;
d. Be cemented into the ground or otherwise become permanently affixed to public property;
e. Be illuminated;
f. Be affixed to any utilities;
g. Have any moving elements;
h. Be placed in a manner that creates a safety hazard,as interpreted by the sign administrator;
or
i. Be placed in or over any public right-of-way.
(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:
a. Not place or cause the placement of a sign on public property in violation of any provision
of this ULDC;
b. Comply with section 5.79 of this ULDC:
c. 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:
a. Placed on public property in violation of this section; or
b. Not removed as required by this section.
Section 3: 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,
and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 4: 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 5: 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 8th day of August,2024.
ON CAPETILLO, May
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ANGELA KSON . ity Clerk_ 1
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APPROVED AS T a FO' : soh.'
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SCOTT LE 6 ND, City Attorney
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