Ordinance No. 12,734ORDINANCE NO. 12,734
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 118 "SIGNS," ARTICLE I "IN GENERAL," SECTION 118 -1
"DEFINITIONS" AND SECTION 118 -4 "CLASSIFICATION," SUBSECTION
(C) "SPECIAL FUNCTION SIGNS"; ARTICLE III "REGULATIONS,"
DIVISION 1 "GENERALLY," SECTION 118 -176 "CHANGE OF
ORNAMENTAL FEATURES, ELECTRIC WIRING OR ADVERTISING
DISPLAY "; ARTICLE III "REGULATIONS," DIVISION 4 "LOCATION,"
SUBDIVISION IV "OFF- PREMISE SIGNS," SECTION 118 -358 "NEW
SIGNS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS,
TO ALLOW FOR DIGITAL BILLBOARDS IF CERTAIN CONDITIONS ARE
MET, INCLUDING REMOVAL OF EXISTING OFF - PREMISE SIGNS;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100
DOLLARS ($500.00); 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 Chapter 118 "Signs," Article I "In General," Section 118 -1
"Definitions" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to add the
definitions of "dwell time," "nit' and "sign area," which definitions shall read as follows:
CHAPTER 118. SIGNS
ARTICLE I. IN GENERAL
Sec. 118 -1. Definitions.
The following words, tenns and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Dwell time shall mean the interval of change between each individual message. Dwell
time shall not include the one (1) second or less required to change a message.
Sign area shall mean the entire advertising area of a sign excluding any framing, trim, or
molding and the supporting structure.
Section 2: That Chapter 118 "Signs," Article I "In General," Section 118 -4
"Classification," Subsection (c) "Special function signs" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE I. IN GENERAL
Sec. 118 -4. Classification.
(c) Special function signs. Any on- premises or off -premises sign of any type may also be
included within one or more of the following additional classifications, according to
special functions:
(1) Electrical sign means any sign containing electrical wiring or utilizing electric
current, but not including signs illuminated by an exterior light source.
(2) Portable sign means any sign designed or constructed to be easily moved from
one location to another, including signs mounted upon or designed to be mounted
upon a trailer, bench, wheeled carrier or other nonmotorized mobile structure; a
portable sign that has its wheels removed shall still be considered a portable sign.
For the purpose of this chapter, trailer signs and signs on benches are portable
signs.
(3) Spectacular sign means any sign, other than a digital billboard, that:
a. Has automatically changing advertising,
b. Is equipped with glaring or rotating strobe lights or spotlights,
C. Uses flashing intermittent or moving lights,
d. Uses an electronic image on a digital display device capable of changing
messages or copy by programmable electronic or mechanical processes, or
e. Has any moving message whatsoever, including animated, moving video
and scrolling displays, such as an LED (light emitting diode) screen or any
other type of video display, even if the message is stationary.
(4) Temporary sign means any sign constructed of cloth, canvas, light fabric,
cardboard, wallboard or other light materials, not to exceed six square feet in size.
A portable sign shall not be considered a temporary sign.
(5) Digital billboard means an off - premise sign, display, or device, which changes the
"static" message or copy on the sign by electronic means.
Section 3: That Chapter 118 "Signs," Article III "Regulations," Division I
"Generally," Section 118 -176 "Change of ornamental features, electric wiring or advertising
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display" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 118. SIGNS
ARTICLE III. REGULATIONS
DIVISION 1. GENERALLY
Sec. 118 -176. Change of ornamental features, electric wiring or advertising display.
No sign permit is required for the change of any of the ornamental features or devices or
the advertising display of a sign previously permitted. This section shall not release a person
from complying with all other applicable permitting requirements of the city, including those of
the city building code and the city electrical code.
Section 4: That Chapter 118 "Signs," Article III "Regulations," Division 4
"Location," Subdivision IV "Off- Premise Signs," Section 118 -358 "New signs" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE III. REGULATIONS
DIVISION 4. LOCATION
SUBDIVISION IV. OFF - PREMISE SIGNS
Sec. 118 -358. New signs.
(a) New off-premises signs prohibited. Except as provided for in subsections (c), (e), or (g) of
this section, from and after June 27, 1996, no new construction permits shall be issued for
off - premises signs and no new off - premises signs shall be allowed within the city limits.
This prohibition shall apply to all classifications of signs, types of signs, and special
function signs and all other signs used as off - premises signs, including portable signs.
(b) New off-premises, spectacular signs prohibited. From and after May 29, 2008, no new
off - premises signs which are classified as spectacular signs and no upgrades of existing
off - premises signs to spectacular signs shall be allowed in the city limits or in the
extraterritorial jurisdiction of the city.
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(c) Exceptions.
(1) Construction permits may be issued for off - premises signs proposed to be
constructed within 200 feet of the interstate highway system if all other applicable
requirements have been satisfied.
(2) New signs may be attached, painted, or fastened on off - premises signs which
were properly permitted on June 27, 1996, and have continuously remained
permitted from and after such date; provided that such new sign does not change
the classification of the off - premises sign.
(3) Temporary use directional signs shall be allowed only if in conformity with
section 118 -138
(4) Political signs shall be allowed only if in conformity with section 118 -139
(5) Other off - premise signs may be allowed only if such signs are:
a. Erected solely for and relating to a city sponsored or co- sponsored event,
which is designated by resolution of the city council as an event for which
off - premise signs may be placed on city property;
b. Erected on properties owned by the city for which council has designated
by resolution as appropriate for the advertising of the city sponsored or
cosponsored event; provided that there may be only one sign per property
unless otherwise specified in the resolution designating the event;
C. Erected for a period commencing 14 days prior to and three days
following the city sponsored or co- sponsored event advertised by the sign,
unless a different period of time is specified in the resolution designating
the event;
d. Limited to a size no greater than four feet by eight feet or, if an overhead
street banner, to the size necessary to fit the hardware on the lighting
standards to which it will be attached;
e. Limited to providing information concerning the event, which shall
include the event's name, activities, along with the time, date, places of the
same; however, no business or sponsor advertising shall be allowed; and
f. In compliance with all other requirements of this chapter and of the
director of parks and recreation in consultation with the city manager and
other city staff.
(d) Application. In order for an event to be designated by the city council in accordance with
subsection (c)(5), a person must submit an application in writing on a form prescribed by
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the city clerk. The application must be filed with the city clerk at least 30 days before the
scheduled event and shall include, but shall not be limited to, the following:
(1) The name, address and telephone number of the applicant;
(2) If the applicant is a corporation, the name and address of the major officers of the
corporation and the major stockholders;
(3) If a partnership, the names and addresses of partners;
(4) If a sole proprietorship, the name and address of the owner;
(5) The name of the manager or other officer in charge of the event;
(6) The date of the event;
(7) The number of signs requested to be placed on city property;
(8) The name and description of the event, which shall state in detail the different
component parts of the event, including, but not limited to, all concessions,
shows, amusements, businesses exhibiting at the event, location of the event, the
times of the event, along with a description of the products and services to be sold
at the event;
(9) An agreement whereby the applicant agrees:
a. To purchase, install and remove any signs which may be authorized to be
placed on city property at no cost to the city; and
b. To remove all signs which may be authorized to be placed on city property
within three days following the event or face criminal penalties for the
failure to do so; and
(10) A sworn statement by the applicant that the information provided in the
application is true and correct,
(e) Signs advertising city- sponsored events. For purposes of this section, a sign advertising a
city sponsored or co- sponsored event located on the property of a sponsor or co- sponsor of a
city sponsored or co- sponsored event shall not be construed as an off - premise sign so long
as:
(1) The sign does not advertise another business, person, activity, good, product or
service not located on the sponsor or co- sponsor's premise;
(2) The sign is erected for a period commencing 14 days prior to and three days
following the city sponsored or co- sponsored event advertised by the sign;
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(3) The sign is limited to a size no greater than four feet by eight feet;
(4) There is not more than one such sign on the premises of the sponsor or cosponsor;
and
(5) The sign meets all other requirements of this chapter.
(f) Permit not required for certain signs. No permit as required in division 4 of this article
shall be required for a sign satisfying the requirements referenced in subsection (c)(5) or
subsection (e) herein; provided that such sign is erected and maintained in a safe
condition in conformity with the building code as well as the fire prevention code and
rules and regulations for fire safety promulgated by the fire marshal.
(g) Digital billboards. Digital billboards are prohibited within the jurisdiction of the city,
provided however, that the sign administrator may issue digital billboard sign permits for
conversion and reconstruction of existing off - premise sign faces as authorized by this
subsection upon the submission of a completed application if (i) the same are located
within 200 feet of the interstate highway system, (ii) four square feet of existing off -
premises sign area from existing permitted off - premises signs are removed from within
the city limits for each square foot of digital billboard sign area proposed, and (iii) if all
other applicable requirements have been satisfied. All such digital billboards shall be
subject to this section and all other relevant provisions of this chapter.
(1) Application. An applicant for a digital billboard must file a building permit
application in accordance with section 118 -127 and obtain an operating permit in
accordance with section 118 -128. The building permit application must identify
the demolition permit numbers for existing off - premises signs. The building
permit for a digital billboard may be issued only after removal of the existing
permitted off - premises signs in accordance with the four -to -one conversion ratio
specified in this section. In the application for a digital billboard, the sign
administrator may request information necessary to ensure compliance with this
subsection and shall require a certificate of compliance be included in each
application for an operating permit. In the certificate of compliance, the sign
operator shall warrant that it is in full compliance with this chapter.
(2) Requirements. Sign operators installing, testing, or maintaining off - premise
digital billboards shall comply with the following requirements:
a. Static messages. The digital billboard shall contain static messages only,
and not have animation, movement, or the appearance or optical illusion
of movement, of any part of the sign structure. Each static message shall
not include flashing or the varying of light intensity.
b. Dwell time. The dwell time shall be at least eight (8) seconds, and a
change of message must be accomplished within one (1) second or less.
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C. Display upon malfunction. The digital billboard shall be operated with
systems and monitoring in place to either turn the display off or freeze the
display image in one position in the event of a malfunction.
d. Brightness level. The digital billboard may not display light of such
intensity or brilliance to cause glare or otherwise impair the vision of the
driver, or results in a nuisance to the driver and is subject to all existing
restrictions on light intensity, brilliance, or glare contained in the section
3.08 (d)(1), (4), and (5) of the Unified Land Development Code.
1. Digital Signs shall not operate at brightness levels of more than 0.3
foot candles above ambient light, as measured using a foot candle
meter the following pre -set distances:
2. Prior to the issuance of a permit under this chapter, the applicant
shall provide written certification from the sign manufacturer that
the light intensity has been factory pre -set not to exceed the
brightness level specified in subsection (g)(2)d.1 and that the
intensity level is protected from end -user manipulation by
password - protected software or other method as deemed
appropriate by the sign administrator.
e. Dimmer. A digital billboard must be equipped with both a dimmer control
and a photocell, which automatically adjusts the display's intensity
according to natural ambient light conditions.
f. No resemblance to traffic control device. The digital billboard shall not be
configured to resemble a warning or danger signal, to simulate any lights
or official signage used to control traffic, or to cause a driver to mistake
the digital billboard for a warning or danger signal.
g. Dimensions. Off - premise digital billboard sign area may have dimensions
of up to six hundred seventy -two (672) square feet and otherwise subject
to section 118 -246.
h. Spacing requirements. A digital billboard may not be within one thousand
five hundred (1,500) feet of another off - premise sign or digital billboard
facing the same traveled way. Spacing requirements for off -premise digital
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billboards in relation to other classifications of signs shall comply with
section 118 -359.
i Public safety /emergency notices. The city, through appropriate personnel,
may exercise its police powers to protect public health, safety, and welfare
by requiring emergency information to be displayed via digital billboards.
Emergency information includes, but is not limited to, AMBER Alerts,
FBI wanted messages, dangerous criminal alerts, fugitives from justice,
weather alerts, and emergency management information. Upon
notification and at no cost to the city, the sign operator shall exclusively
display the emergency alert for the period of (1) hour, which may be
extended by the city. Thereafter, emergency alerts are to remain in
rotation according to the designated issuing agencies protocols.
Section 5: 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
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). 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 6: 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 7: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the 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 8: 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 newsp Ier of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirm e vote of the City Council of the
City of Baytown, this the I Ith day of December, 2014. ,
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BRYSCH, Ci lerk
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DONCARLOS, Maybr
APPROVED AS TO FORM:
TjVACIO RAMIREZ, SR., City Attq6ey
R: Karen Files City Council Ordinances\2014 December 11' Digital Billboards Revised 12082014 Clean.docx