Ordinance No. 8,408Published in the Baytown Sun: 980924 -5
Wednesday, September 30, 1998 and,
Thursday, October 1, 1998 ORDINANCE NO. 8408
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 118 "SIGNS," ARTICLE 11 "ADMINISTRATION," DIVISION 4
"PERMITS," SECTION 118 -126 . "VIOLATIONS AND PENALTIES," AND
SECTION 1 -18 -138 "TEMPORARY USE DIRECTIONAL SIGNS" SUBSECTION
(B) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
AND AMENDING CHAPTER 118 "SIGNS," ARTICLE 11 "ADMINISTRATION,"
DIVISION 4 "PERMITS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, BY ADDING SECTION 118 -139 "POLITICAL SIGNS,"
REPEALING CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS,"
DIVISION 1 "GENERALLY," SECTION 118 -167 "CHRISTMAS DISPLAYS"
AND SECTION 118 -168 "POLITICAL SIGNS "; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND
PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 1 18 "Signs," Article II "Administration," Division 4 "Permits,"
Section 118 -126 "Violations and penalties" of the Code of Ordinances of the City of Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE II. ADMINISTRATION
Division 4. Permits
See. 118 -126. Violations and penalties.
(a) Violations and Penalties. An offense under section 1 18 -127 is a violation, and any person
adjudged guilty shall be punished as provided in section 1 -14. Each day such sign is erected,
constructed, reconstructed, built, altered or maintained without a building permit or operated,
used, or maintained without an operating permit shall constitute a separate offense. In
addition, the city attorney is authorized to take all actions, both legal and equitable, civilly
and criminally, necessary to ensure compliance with this chapter. However, it is an
affirmative defense to prosecution under section 1 18 -127 if a sign is excepted from having a
permit under subsection (b).
(b) Exceptions. No permit shall be required under this chapter for on- premises signs of the
following descriptions, unless any such sign is a spectacular sign. Any sign listed hereunder
shall be 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, as applicable.
0 (1) Signs painted on glass surfaces, windows or doors;
(2) Wall signs not over 100 square feet in area;
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® (3) Signs erected by the city, state (including its political subdivisions, such as counties
and school districts), or the federal government or the lessees of such governmental
entities for a public purpose;
(4) Railroad signs placed or maintained in reference to the operation of the railway;
(5) Legal notices and house numbers;
(6) Ground signs that do not exceed four square feet in area and four feet in total height
setting forth information concerning a building or other structure under repair or
construction or advertising the sale or rental of the premises;
(7) Signs marking utility or underground communication or transmission lines and
hazards as required by law;
(8) Temporarily signs, provided the number of such signs on any premises does not
exceed two in number and provided such signs are displayed on consecutive days,
and for only a maximum of seven days in any 30 -day period;
(9) Signs setting forth the location of or directions to parking or buildings located on the
premises, warning of on- premises obstacles or overhead clearances, or regulating the
flow of on- premise traffic, including entrance and exit signs. Such directional signs
may be lighted, consistent with other requirements for electrical signs in the code and
all codes adopted thereby;
(10) Signs displayed upon an operable motor vehicle or trailer; provided that such vehicle
or trailer is not parked or located for the primary purpose of displaying the sign and is
not parked on a site for a continuous period exceeding 72 hours;
(1 1) Signs displayed upon an operable lighter- than -air or heavier - than -air aircraft; or
(12) Signs which are mounted on the face of a building no higher than the roofline or form
an integral part of a canopy or marquee entrance and are not over 100 square feet in
area, provided that the number of such signs shall not exceed the number of entrances
to such building; and
(13) Holiday displays or similar temporary displays erected without advertising; provided
that such displays are erected no more than 45 days before and removed no later than
14 days after the national holiday.
Section 2: That Chapter 118 "Signs," Article II "Administration," Division 4 "Permits,"
Section 118-138 "Temporary use directional signs," Subsection (b) of the Code of Ordinances of the
City of .Baytown, Texas, is hereby amended to read as follows:
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0 CHAPTER 118. SIGNS
ARTICLE II. ADMINISTRATION
Division 4. Permits
Sec. 118 -138. Temporary use directional signs
b. Temporary use directional signs. No permit shall be required under this chapter for a
temporary use directional sign, which may be located within the rights -of -way along city
streets, provided that such signs do not cause a visual obstruction as stated in section 122 -3
and are not located in a median. Temporary use directional signs may be displayed from
12:00 noon Friday until 12:00 noon the following Monday only. Such signs shall not exceed
24 inches by 30 inches in size and shall not be installed more than four feet above grade.
Such signs shall have a minimum separation of 25 feet and signs for any one advertiser must
be at least 200 feet apart. A temporary use directional sign not erected in strict conformity
with this section is a violation hereof and, therefore, subject to the penalties stated in section
118 -3.
Section 3: That Chapter 118 "Signs," Article 11 "Administration," Division 4 "Permits,"
of the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding Section 1 18-
139 "Political signs" to read as follows:
CHAPTER 118. SIGNS
ARTICLE II. ADMINISTRATION
Division 4. Permits
Sec. 118 -139. Political signs.
No permit shall be required under this chapter for a sign erected solely for and relating to a
public election for a period commencing 60 days prior to and for ten days following such public
election, provided that such unpermitted sign shall be located on private property only, shall be
constructed of lightweight material and shall not exceed 50 square feet in size. A political sign not
erected in strict conformity with this section is a violation hereof and, therefore, subject to the
penalties stated in section 118-3.
Section 4: That Chapter 1 18 "Signs," Article III "Regulations," Division I "Generally,"
Section 118 -167 "Christmas displays" of the Code of Ordinances of the City of Baytown, Texas, is
hereby repealed.
Section 5: That Chapter 118 "Signs," Article 111 "Regulations," Division 1 "Generally,"
Section 118-168 "Political signs" of the Code of Ordinances of the City of Baytown, Texas, is hereby
® repealed.
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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: Every person convicted of a violation of any provision of this ordinance 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 9: 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 the City Council of the City
of Baytown, this the 24th day of September, 1998.
ATTEST:
EILEEN P, HALL, City Clerk
APPROVED AS TO FORM:
erONACIO RAMIREZ, SR., it Attorney
c:kIh 107\ Council\ Ordinance \Exception2SignOrdinance
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PETE C. ALFARO, Mayor