Ordinance No. 4,123Published in: THE BAYT0M SUN 50411-1
Tuesday, April 16, 1985
Wednesday, April 17, 1985
ORDINANCE NO. 4123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING CHAPTER 25 112 "STANDARD SIGN CODE" TO AMEND
VARIOUS PROVISIONS DEALING WITH PERMITS AND FEES AND
PORTABLE SIGNS; REPEALING INCONSISTENT ORDINANCES;
CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
SECTION 1: That Subsection 25 1/2 -5(C) of the Code of Ordinances of the
City of Baytown, is hereby amended to read as follows:
Sec. 25 1/2 -5. Sign permits and fees.
(C) Defenses. It is a defense to prosecution under paragraphs (A) and
(B) above, that such sign was an on- premise sign which was not
a spectacular sign and:
(1) Painted on glass surfaces, windows or doors;
(2) A wall sign not over one hundred (100) square feet in area;
(3) Erected by proper governmental authority;
(4) Erected by a railroad company upon railroad right -of -way;
(5) Such sign is a ground sign that does not exceed four square feet in
area and four feet in total height;
(6) Temporarily displayed, provided the number of such signs on any
premises does not exceed two (2) in number, and provided such
signs are displayed on consecutive days and for only a maximum
of seven (7) days in any thirty -day period;
(7) Required by law;
(8) Such sign is an element of a traffic control system;
(4) Displayed upon operable motor vehicles:
(10) Displayed upon operable lighter or heavier -than -air aircraft; or
(11) Mounted on the face of a building no higher than the roof line or
forms an integral part of a canopy or marquee entrance and is
not over 100 square feet in area; provided that the number of
such signs shall not exceed the number of entrances to such
building.
SECTION 2: That the Code of Ordinance of the City of Baytown, Texas, is
hereby amended by adding a subsection, to be numbered 25 1/2 -5(P), which said
section reads as follows:
Sec. 25 1/2-5. Sign permits and fees.
(P) Church signs. Any sign owned by a church shall be required to
meet all appropriate provisions of this Chapter, except that they shall
be exempt from the renewal operating permit fee required in
Subsection 25 1/2-5(F).
SECTION 3: That Subsection 25 1/2- 7(B)(8) of the Code of Ordinances, of the
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 1/2-7. Structural requirements.
(B)(8) Display surfaces. Display surfaces in all types of signs may be
made of metal, wood, glass or approved plastics as noted in
Subsection 25 1/2 -7(D) unless otherwise prohibited herein or
prohibited by the fire code. A sign designed so that the
message can be changed by the use of removable letters shall
be constructed in a manner to prevent letters or pieces of the
sign from failing off the sign or from being blown off the sign
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by wind.
SECTION 4: That Subsection 25 1/2- 9(B)(1)(a) of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 1/2 -9. On- premise sign provisions.
(B)(1)
(a) Each business shall place no more than two (2) on- premise
ground signs, no more than one (1) of which may be a
portable sign.
SECTION 5: That Subsection 25 1/2 -9(C)2 of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
Sec. 25 1/2 -9. On- premise sign provisions.
(C)(2) Spectacular signs and portable signs shall be prohibited.
SECTION 6: That the Code of Ordinances, City of Baytown, Texas, is hereby
amended by adding a subsection, to be numbered 25 1/2- 10(B)8, which said section
reads as follows:
Sec. 25 1/2-10. Off - premise sign provisions.
(B)(8) No portable sign may be erected or placed as an off - premise
sign.
SECTION 7: That Section 25 1/2-12 of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
Sec. 25 1/2-12. Portable signs.
(a) It shall be unlawful to place or maintain a portable sign at any
location, unless said sign has a permit as described in Section
25 1/2-5.
(b) Portable signs applying for an operating permit must meet the
following requirements to be given a permit. After receiving a
permit, failure to maintain a portable sign in compliance with
the following requirements shall be cause for the sign
administrator to revoke the permit for said sign:
(1) Every portable sign mounted on a trailer shall be equipped
with a trailer hitch and locking device approved by the sign
administrator to hold the trailer in a securely locked
position during transport. All such hitching equipment shall
also comply with all applicable federal, state and local 12WS
regulating same.
(2) Every portable sign not in transit shall be securely anchored
to the ground by cables, ground supports, or other means
acceptable to the sign administrator to prevent such signs
from being blown from the site. Such signs shall be
constructed in a manner to prevent letters or pieces of the
sign from falling off the sign or from being blown off the
sign by wind.
(3) Portable signs shall, for the purposes of this chapter, be
considered nonmobile, nonportable ground signs and thereby
are subject to all provisions of this chapter, including the
structural requirements, spacing requirements, permitting
and fee requirements, on- premise provisions, and all other
provisions of this chapter applicable to ground signs, unless
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a provision which applies by its terms to portable signs is
in conflict with a provision applying to ground signs, in
which case the provision applying specifically to portable
signs would control.
(4) Portable signs are prohibited from having any flashing or
blinking lights.
(5) All electrically illuminated portable signs must be wired
through operable ground fault circuit interrupters.
(c) Portable sign operating permits are non transferable, i.e., a permit
issued for one sign cannot be used on another sign.
SECTION 8: 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 9: 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 10: Any person who shall violate any provision of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine of not more than Two Hundred and No /100 ($200.00) Dollars.
SECTION 11: 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, this the 11th day of April, 1985.
TT O. HUTT Mayor
ATTMT:
EILEEN P. HALL, Ci y Clerk
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