Ordinance No. 10,051Published in the Baytown Sun
on Tuesday, April 19, 2005
ORDINANCE NO. 10,051 and Thursday, April 21, 2005-
• AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 118 "SIGNS," ARTICLE III "REGULATIONS," DIVISION 4
"LOCATION," SUBDIVISION IV "OFF- PREMISES SIGNS," SECTION 118-
358 "NEW SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
TO PROVIDE A LIMITED EXCEPTION FROM THE OFF - PREMISE SIGN
PROHIBITION FOR EVENTS SPONSORED OR CO- SPONSORED BY THE
CITY; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO /100 DOLLARS ($200.00); 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 118 "Signs," Article III "Regulations," Division 4
"Location," Subdivision IV "Off- Premises Signs," Section 118 -358 "New Signs" of the Code of
Ordinances, Baytown, Texas, is hereby amended, in part, to read as follows:
CHAPTER 118. SIGNS.
ARTICLE III. REGULATIONS
DIVISION 4. LOCATION
SUBDIVISION IV. OFF - PREMISES SIGNS
Sec. 118 -358. New Signs.
(a) Except as provided for in subsections (b) or (d), from and after June 27, 1996, no new
construction permits shall be issued for off - premises signs and no new off - premises signs
shall be allowed within the city limits. This prohibition shall apply to all classifications
of signs, types of signs, and special function signs and all other signs used as off -
premises signs, including portable signs.
(b) Exceptions.
(1) Construction permits may be issued for off - premises signs proposed to be
constructed within 200 feet of the interstate highway system if all other applicable
requirements have been satisfied.
(2) New signs may be attached, painted, or fastened on off- premises signs which
were properly permitted on June 27, 1996, have continuously remained permitted
from and after such date; provided that such new sign does not change the
® classification of the off - premises sign.
(3) Temporary use directional signs shall be allowed only if in conformity with
section 118 -138.
(4) Political signs shall be allowed only if in conformity with Section 118 -139.
(5) Other off - premise signs may be allowed only if such signs are:
a. erected solely for and relating to a city sponsored or co- sponsored event,
which is designated by resolution of the city council as an event for which
off - premise signs may be placed on city property;
b. erected on properties owned by the city for which council has designated
by resolution as appropriate for the advertising of the city sponsored or co-
sponsored event; provided that there may be only one sign per property
unless otherwise specified in the resolution designating the event;
C. erected for a period commencing fourteen days prior to and three days
following the city sponsored or co- sponsored event advertised by the sign,
unless a different period of time is specified in the resolution designating
the event;
d. limited to a size no greater than 4' x 8' or, if an overhead street banner, to
the size necessary to fit the hardware on the lighting standards to which it
will be attached;
e. limited to providing information concerning the event, which shall include
the event's name, activities, along with the time, date, places of the same;
however, no business or sponsor advertising shall be allowed; and
f. in compliance with all other requirements of this chapter and of the
director of parks and recreation in consultation with the city manager and
other city staff.
(c) In order for an event to be designated by the city council in accordance with subsection
(b)(5), a person must submit an application in writing on a form prescribed by the city
clerk. The application must be filed with the city clerk at least 30 days before the
scheduled event and shall include, but shall not be limited to, the following:
(1) the name, address and telephone number of the applicant;
(2) if the applicant is a corporation, the name and address of the major officers of the
corporation and the major stockholders;
(3) if a partnership, the names and addresses of partners;
0. (4) if a sole proprietorship, the name and address of the owner;
(5) the name of the manager or other officer in charge of the event;
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0 (6) the date of the event;
(7) the number of signs requested to be placed on city property;
(8) the name and description of the event, which shall state in detail the different
component parts of the event, including but not limited to, all concessions, shows,
amusements, businesses exhibiting at the event, location of the event, the times of
the event, along with a description of the products and services to be sold at the
event;
(9) an agreement whereby the applicant agrees
a. to purchase, install and remove any signs which may be authorized to be
placed on city property at no cost to the city and
b. to remove all signs which may be authorized to be placed on city property
within three days following the event or face criminal penalties for the
failure to do so; and
(10) a sworn statement by the applicant that the information provided in the
application is true and correct.
(d) For purposes of this section, a sign advertising a city sponsored or co- sponsored event
located on the property of a sponsor or co- sponsor of a city sponsored or co- sponsored
event shall not be construed as an off - premise sign so long as:
(1) the sign does not advertise another business, person, activity, good, product or
services not located on the sponsor or co- sponsor's premise;
(2) the sign is erected for a period commencing fourteen days prior to and three days
following the city sponsored or co- sponsored event advertised by the sign;
(3) the sign is limited to a size no greater than 4' x 8';
(4) there is not more than one such sign on the premises of the sponsor or co- sponsor;
and
(5) the sign meets all other requirements of this chapter.
(e) No permit as required in division 4 of this chapter shall be required for a sign satisfying
the requirements referenced in subsection (b)(5) or subsection (d) of this section;
provided that such sign is 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.
® Section 2: 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
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• 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.
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Section 3: 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 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
TWO HUNDRED AND NO 1100 DOLLARS ($200.00). 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: 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 10 day of April, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
N
G /�_ Y . SM:ITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., ty Attorney
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