MovingSignOrdinanceCleanAN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 “SIGNS,” ARTICLE III “REGULATION,” DIVISION 1 “GENERALLY,” SECTION 118-179 “SPECTACULAR SIGNS”; AND DIVISION 4 “LOCATION,”
SUBDIVISION III “ON-PREMISES SIGNS,” SECTION 118-333 “SIGNS ADJACENT TO GENERAL RIGHTS-OF-WAY” AND SECTION 118-334 “RESIDENTIAL RIGHTS-OF-WAY; SCENIC AND HISTORIC RIGHTS OF WAY AND DISTRICTS”
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW CERTAIN SPECTACULAR SIGNS; 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.
******************************************************************************
BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 118 “Signs,” Article III “Regulation,” Division 1 “Generally,” Section 118-179 “Spectacular signs” of the
Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118 SIGNS
ARTICLE III REGULATION
DIVISION 1 GENERALLY
Sec. 118-179. Spectacular signs.
The
following types of spectacular signs are prohibited:
signs with strobe, rotating strobe, or blinking strobe lights;
signs with flashing spot lights, rotating spot lights or blinking
spot lights;
automatically changeable advertising signs which display more than one message every three seconds;
flashing lights with bulbs of greater than fifteen (15) watts;
signs
employing a stereopticon or motion picture machine;
signs which move or contain visible moving parts; and
signs placed perpendicular to the roadway with the exception of automatically
changeable advertising which display no more than one message every three seconds.
Section 2: That Chapter 118 “Signs,” Article III “Regulation,” Division 4 “Location,” Subdivision
III “On-Premises Signs,” Section 118-333 “Signs adjacent to general rights-of-way” of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read, in part, as follows:
CHAPTER 118 SIGNS
ARTICLE III REGULATION
DIVISION 4 LOCATION
SUBDIVISION III ON-PREMISES SIGNS
Sec. 118-333. Signs adjacent to general rights-of-way.
Signs, which are adjacent
to expressways, principal arterial streets, or minor arterial streets as defined and identified in the city’s major thoroughfare plan and which are located in an Mixed Use zoning district,
shall be subject to the following limitations:
. . .
(3) Spectacular signs shall be prohibited, except for automatically changeable advertising signs which display no more than one
message every three seconds.
Section 3: That Chapter 118 “Signs,” Article III “Regulation,” Division 4 “Location,” Subdivision III “On-Premises Signs,” Section 118-334 “Residential
rights-of-way; scenic and historic rights-of-way and districts” of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read, in part, as follows:
CHAPTER 118 SIGNS
ARTICLE
III REGULATION
DIVISION 4 LOCATION
SUBDIVISION III ON-PREMISES SIGNS
Sec. 118-334. Residential rights-of-way; scenic and historic rights-of-way and districts.
All on-premises signs,
which are located adjacent to rights-of-way not identified in section 118-333 or which are adjacent to or within a scenic or historic rights-of-way or districts, shall conform in all
respects to the requirements set forth in section 118-333 and shall be subject to the following additional restrictions:
. . .
Spectacular signs and portable signs shall be prohibited;
and
. . .
Section 4: 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 5: 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 6: 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 7: 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 30th day of November, 2000.
____________________________________
PETE C. ALFARO, Mayor
ATTEST:
_____________________________________
GARY W. SMITH, City Clerk
APPROVED AS
TO FORM:
_____________________________________
IGNACIO RAMIREZ, SR., City Attorney
c:klh257\CityCouncil\Ordinance\MovingSignOrdinanceClean