Ordinance No. 13,751ORDINANCE NO. 13,751
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER
118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 1 "GENERALLY,"
SECTION 118-169 "LOCATION ON PUBLIC RIGHTS-OF-WAY" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ESTABLISH A PRESUMPTION THAT
THE BENEFICIARY OF THE SIGN IS THE PERSON WHO IS RESPONSIBLE FOR
THE PLACEMENT OF THE SIGN ON A PUBLIC RIGHT-OF-WAY AND TO
CONFISCATE AND DISPOSE OF ILLEGAL SIGNS WITHIN THE RIGHTS-OF-
WAY IMMEDIATELY AND WITHOUT NOTICE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND N0/100 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 1 "Generally,"
Section 118-169 "Location on public rights-of-way" of the Code of Ordinances, City of Baytown, Texas,
is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE M. REGULATIONS
DIVISION 1. GENERALLY
Sec. 118-169. - Location on public rights-of-way.
(a) It shall be unlawful to place a sign upon a public street, public sidewalk, public alley, public
right-of-way, public curb or other public improvement in any public street or grounds; on any
public bridge or part of a bridge; on any public building or structure of any kind belonging to the
city; or in any public place or on any public improvement unless express consent therefor shall
have been first granted by the city council. However, coin-operated devices used to display and
vend newspapers may be so placed, so long as they are not placed to impede vehicular or
pedestrian traffic. This subsection does not apply to public property leased for private business
purposes or to permitted garage sale signs, temporary directional signs, political signs and off -
premises signs for city sponsored or co-sponsored events erected in accordance with this chapter.
(b) Signs placed in violation of this section are abandoned trash at the time of posting and are hereby
declared a nuisance to the public health, safety and welfare and may be confiscated and disposed
of immediately and without notice.
(c) The sign administrator, employees of the police department, the department of public works, the
department of planning and community development, the department of parks and recreation, and
the department of health are authorized, without notice, to confiscate, remove, and discard any
sign found placed in violation of this section.
(d) The primary beneficiary of any sign installed in violation of this section is presumed to have
authorized or caused the installation, use, or maintenance of the sign in violation of this section
and commits an offense.
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 N0/100 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 affirmativeote of the City Council of the City of
Baytown, this the 26`h day of April, 2018. / I
ATTEST:
LE IC BRYSCH, City Cle
APPROVED AS TO FORM:
t
ACIO RAMIREZ, SR., C' ttorney
DONCARLOS,
R:'•.KarenTiles%City CouncilL,Ordinances\201 KApri126\Proposed Bandit Sign Ord 2nd (showing edits).doc