Ordinance No. 13,104ORDINANCE NO. 13,104
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4
"LOCATION," SUBDIVISION IV "OFF- PREMISE SIGNS," SECTION 118-
358 "NEW SIGNS," SUBSECTION (G) "DIGITAL BILLBOARDS" OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO ALLOW NEW
DIGITAL BILLBOARDS BE CONSTRUCTED ALONG THE INTERSTATE
HIGHWAY SYSTEM; 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.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 118 "Signs," Article III "Regulations," Division 4
"Location," Subdivision IV "Off- premise signs," Section 118 -358 "New signs," Subsection (g)
"Digital billboards" 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.
(g) Digital billboards. Digital billboards are prohibited within the city limits and the
extraterritorial jurisdiction of the city, provided however, that the sign administrator may
issue digital billboard sign permits for the construction of new off - premise sign faces or
the 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. In determining the
square feet of existing off - premises sign area necessary to be removed to meet the four -
to -one conversion ratio specified in this subsection, the square footage of any off - premise
sign removed within 200 feet of the interstate highway system will not be counted.
(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.
C. Display upon ma�nction. 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 billboards 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.
1. A digital billboard may not be located within one thousand five
hundred (1,500) feet of another digital billboard facing the same
traveled way or within the distance specified in section 118 - 359(4) of
another off - premise sign, which is facing the same traveled way and is
not classified as a digital billboard.
2. Notwithstanding subsection (g)(2)h.1, a digital billboard may be
located on the same sign structure as another digital billboard or off -
premise sign if each sign face is visible only from a different direction
of travel; provided, there are no more than two sign faces on a single
sign structure.
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 2: 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 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 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 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 e City Council of the
City of Baytown, this the 14th day of January, 2016. A
Pro Tern
ATT ST:
CO 0
L TICIA BRYSCH, City erk
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APPROVED AS TO FORM:
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ACIO RAMIREZ, Sy-Pty Attorney
R:,Karen!FileslCity Councir +Ordinances\2016Vanuary 14,Digital Billboards Revised.docx