Ordinance No. 1,069ORDINANCE NO. 1069
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17, MISCELLANEOUS
PROVISIONS AND OFFENSES, BY THE ADDITION THERETO OF SECTION
17 -9, SO AS TO MAKE IT UNLAWFUL TO POST, PLACE OR ERECT AD-
VERTISING OR POLITICAL POSTERS, BILLS, PLACARDS OR OTHER
SIGNS UPON PUBLIC PROPERTY WITHIN THE CITY LIMITS OF THE
CITY OF BAYTOWN, INCLUDING BUT NOT LIMITED TO THE POSTING
OF SUCH ADVERTISING OR POLITICAL SIGNS UPON UTILITY SERVICE
POLES WITHIN PUBLIC RIGHT OF WAY AND EASEMENTS; PROVIDING
FOR A PENALTY CLAUSE; CONTINUING IN FORCE AND EFFECT THE
PROVISIONS OF THE SOUTHERN STANDARD BUILDING CODE PERTAIN-
ING TO SIGNS AND OUTDOOR DISPLAYS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, Article ' :175, Home Rule, V.A.T.S., Sub - Section 24,
specifically gives home -rule cities the right to license, regulate,
control or prohibit the erection of signs or bill boards by ordinance;
and
WHEREAS, the City of Baytown has previously acted to control
the erection of signs and billboards by the adoption of the Southern
Standard Building Code, containing provisions relating to outdoor
advertising displays and other signs; and
WHREREAS, the placement and location of small advertising
and political posters on public property is not specifically covered
by the provisions of the Southern Standard Building Code; and
WHEREAS, the City of Baytown desires to exercise its authority
to control or prohibit the placement of such advertising and policical
posters on public property, and. particularly upon utility service poles;
NOWW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF BAYTOWN:
Section 1: That the Code of Ordinances of the City of Baytown,
Texas, is hereby amended by amending Chapter 17, Miscellaneous Provisions
and Offenses, by the addition of Section 17 -9, which shall read as fol-
lows, to -wit:
Section 17 -9.
It shall be unlawful for any person, company, or association
to post, place or erect advertising or political posters, bills,
placards, or other signs upon public property within the City
limits of the City of Baytown, including but not limited to the
posting of such advertising or political signs upon utility
service poles within public rights -of -way and easements, with-
out having secured a permit therefor from the City Clerk, as
provided in Section 17 -9.1
Section 17 -9.1
Any candidate for a political office, or any person, company
or association desiring to post advertising or political posters,
bills, placards, or other signs upon public property, as described in
Section 17 -9, shall secure a permit from the City Clerk. A
candidate for a political office or any person, company or
association seeking to advertise matters from a profit- motive
standpoint, shall be required to post a cash bond in the amount
of $50.00, such bond to be conditioned upon the proper removal
of all such advertising material within the time designated in
the permit. Campaign placards shall be removed within thirty
(30) days after the election for which they have been posted;
other advertising placards shall be removed within thirty (30)
days after the event advertised. After the removal of such
material within the time period so designated, such bond shall
be refunded. Failure to properly remove such material shall
cause the forfeiture of such bond. The City Manager shall be
the sole judge as to the proper removal of such advertising
matter. Non- profit organizations shall be required to secure
a permit, but shall not be required to post a cash bond. Permits
shall specifically provide that no advertising or political
posters shall be placed within any traffic circle or median,
or in any place which would obstruct traffic, traffic signs or
traffic control devices.
Section 2: Penalty Clause: Any person who violates any
provision or provisions of this ordinance shall be punished by a
fine of not more than Two Hundred ($200.00) Dollars, and each vio-
lation shall constitute a separate offense.
Section 3: That Chatper 23, Signs and Outdoor Displays, of the
Southern Standard Building Code, previously adopted by the City Council
of the City of Baytown, is hereby continued in full force and effect
and any person violating any of the terms of the said code shall be
subject to the penalties provided therein.
Section 4: Repealing Clause: 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
small be cumulative of other ordinances regulating and governing the
subject matter covered by this ordinance.
Section 5: Savings Clause: If any provision, exception,
section, subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of circum-
stances, 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 ether persons or sets of cir-
cumstances and to this end, all provisions of this ordinance are declared
to be severable.
Section 6: Effective Date: 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 the
passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, on this the 28th day of January, 1971.
C. GLEN WALKER, Mayor
ATTEST:
EDNA OLIVER, City Clerk
APPROVE j
/. AA3�
WILLIAM R. LAUGHLIN, City Attorney