Ordinance No. 9,493Published in the Baytown Sun
on 1 -15 -03 and 1 -16 -03
ORDINANCE NO. 9493
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 118 "SIGNS," ARTICLE III
"REGULATIONS," DIVISION 1 "GENERALLY," SECTION 118 -172
"LOCATION ON TRAFFIC ISLANDS" TO EXCEPT CERTAIN
NEIGHBORHOOD 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 11.8 "Signs," Article III "Regulations," Division 1
"Generally," Section 118 -172 "Location on traffic islands" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE III. REGULATIONS
DIVISION I. GENERALLY
Sec. 118 -172. Location on traffic islands.
(a) Signs are prohibited on traffic islands, being areas less than 5,000 square feet entirely
bounded by or located within the curblines of a public street. Signs are prohibited on any
area having a minimum distance of less than 50 feet between the curblines of any street.
(b) It shall be an exception to subsection (a) of this section if:
(1) the sign:
a. denotes the entrance to a platted and recorded subdivision,
b. does not contain commercial advertising or other signs,
C. is located on property owned by the homeowners' association of the
platted and recorded subdivision,
d. is maintained by the homeowners' association,
e. is set back at least three feet from each curbline of the width of the traffic
• island and at least twenty -five feet from the curbline of the traffic island
closest to. the intersecting street, and depicted as follows:
3 feet
IX 25 feet
CO
Sign
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N
N
3 feet c
f. is not within a public right -of -way;
g. does not create a visual obstruction as described in section 122 -3 of this
code, and
h. complies with all other provision of this code; and
(2) the final plat of the subdivision includes verbiage approved by the city attorney
which results in the traffic median being dedicated, without consideration, to the
public at the option of the city should the sign or traffic island fail to be
maintained or cause a visual obstruction; and
(3) a person who sells or conveys property in the platted and recorded subdivision
tenders written notice to the purchaser as prescribed in subsection (c) of this
section.
(c) The notice in subsection (b)(3) shall be executed by the seller and purchaser and shall
read as follows:
The real property, described below, that you are about to purchase is
located within a platted and recorded subdivision, whose homeowners'
association owns and is responsible for the maintenance of the traffic
island and the sign thereon. Failure to maintain the traffic island or the
sign in a timely manner as determined by the city may result in the
dedication of the traffic island and sign to the public without further
consideration. Additionally such dedication to the public may occur if the
• sign creates a visual obstruction as determined by the city.
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0 The legal description of the property you are acquiring is as follows:
Signed this the _ day of , 20_
Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the foregoing
notice at or prior to execution of a binding contract for the purchase of the
real property described in such notice or at closing of purchase of the real
property.
Signed this the _ day of , 20_
Signature of Purchaser
(d) The notice in subsection (b)(3):
(1) shall be applicable to executory contract of purchase and sale having a
performance period of more than six months and
(2) shall not be applicable to:
a. transfers of title under any type of lien foreclosure;
b. transfers of title by deed in cancellation of indebtedness secured by a lien
upon the property conveyed; or
C. transfers of title by reason of a will or probate proceedings.
(3) be executed and acknowledged at or before closing by the seller and the purchaser
and recorded in the deed records of the county in which the property is located.
(e) The determination regarding the proper maintenance and regarding the creation of a
visual obstruction shall be made by the city manager.
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 N01100 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.
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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 affirmative vote of the City Council of the
City of Baytown, this the 9`h of January; 2003. `
e.
PETE C. ALFARO, Mayor
ATTEST: ,
GAk'N W. SMITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., U Attorney
FAKaren\Files \City Council\ Ordinances\NeighborhoodSignsNTra €Ticlslands010902.doc
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