Ordinance No. 10,894ORDINANCE NO. 10,894
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 118 "SIGNS" ARTICLE I "IN GENERAL," SECTION 118-2
"SCOPE" AND SECTION 118-4 "CLASSIFICATION," SUBSECTION (C)(3);
ARTICLE III "REGULATIONS," DIVISION 1 "GENERALLY," SECTION
118-174 "USE OF MOTION PICTURE MACHINES" AND SECTION 118-179
"SPECTACULAR SIGNS"; DIVISION 4 "LOCATION," SUBDIVISION IV
"OFF-PREMISES SIGNS," SECTION 118-357 "APPLICABILITY" AND
SECTION 118-358 "NEW SIGNS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO PROHIBIT SIGNS WHICH ARE CLASSIFIED AS
BOTH OFF-PREMISES SIGNS AND SPECTACULAR SIGNS WITHIN THE
CITY LIMITS AND THE CITY'S EXTRATERRITORIAL JURISDICTION;
CONTAINING 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.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 118 "Signs" Article I "In General," Section 118-2 "Scope"
of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE I. IN GENERAL
Sec. 118-2. Scope.
This chapter shall apply to:
a. all signs, as that term is defined in section 118-1, within the city limits, and
b. all signs, which are classified as both off-premises signs and spectacular signs, as
those terms are defined in section 118-4, within the city limits and the city's
extraterritorial jurisdiction.
Section 2: That Chapter 118 "Signs" Article I "In General," Section 118-4
"Classification," Subsection (c)(3) of the Code of Ordinances, City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE I. IN GENERAL
Sec. 118-4. Classification.
(c) Special function signs. Any on-premises or off-premises sign of any type may also be
included within one or more of the following additional classifications, according to
special functions:
(3) Spectacular sign means any sign that
a. has automatically changing advertising,
b. is equipped with glaring or rotating strobe lights or spotlights,
c. uses flashing intermittent or moving lights,
d. uses an electronic image on a digital display device capable of changing
messages or copy by programmable electronic or mechanical processes, or
e. has any moving message whatsoever, including animated, moving video
and scrolling displays, such as an LED (light emitting diode) screen or any
other type of video display, even if the message is stationary.
Section 3: That Chapter 118 "Signs" Article III "Regulations," Division 1
"Generally," Section 118-174 "Use of motion picture machines" of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE III. REGULATIONS
DIVISION 1. GENERALLY
Sec. 118-174. Use of motion picture machines.
No sign shall employ a stereopticon, motion picture machine or other type of video
display capable of displaying moving video, even if the message is stationary.
Section 4: That Chapter 118 "Signs" Article III "Regulations," 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. REGULATIONS
DIVISION 1. GENERALLY
Sec. 118-179. Spectacular signs.
The following types of spectacular signs are prohibited:
(1) Signs with strobe, rotating strobe, or blinking strobe lights;
(2) Signs with flashing spot lights, rotating spot lights or blinking spot lights;
(3) Automatically changeable advertising signs which display more than one
message every three seconds;
(4) Flashing lights with bulbs of greater than 15 watts;
(5) Signs employing a stereopticon, motion picture machine or other type of video
display capable of displaying moving video, even if the message is stationary;
(6) Signs consisting of a static image projected upon a stationary object;
(7) Signs which move or contain visible moving parts, including tri-vision signs with
rotating slat messages; and
(8) Signs placed perpendicular to the roadway with the exception of automatically
changeable advertising which display no more than one message every three
seconds.
Section 5: That Chapter 118 "Signs" Article III "Regulations," Division 4
"Location," Subdivision IV "Off-Premises Signs," Section 118-357 "Applicability" of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE HI. REGULATIONS
DIVISION 4. LOCATION
SUBDIVISION IV. OFF-PREMISES SIGNS
Sec. 118-357. Applicability.
This subdivision shall apply only to off-premises signs, as that term is defined in section
118-4, within the city limits and to off-premises signs, as that term is defined in section 118-4,
which are also spectacular signs, as that term is defined in section 118-4, within the city limits
and the extraterritorial jurisdiction of the City.
Section 6: 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,
City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 118. SIGNS
ARTICLE III. REGULATIONS
DIVISION 4. LOCATION
SUBDIVISION IV. OFF-PREMISES SIGNS
Sec. 118-358. New signs.
(a) New off-premises signs prohibited. Except as provided for in subsections (c) or (e), 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) New off-premises, spectacular signs prohibited From and after May 29, 2008, no new
off-premises signs which are classified as spectacular signs and no upgrades of existing
off-premises signs to spectacular signs shall be allowed in the city limits or in the
extraterritorial jurisdiction of the city.
(c) 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, and 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 14 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 four feet by eight feet 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.
(d) Application. In order for an event to be designated by the city council in accordance with
subsection (c)(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;
(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;
(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.
(e) Signs advertising city-sponsored events. 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
service not located on the sponsor or co-sponsor's premise;
(2) The sign is erected for a period commencing 14 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 four feet by eight feet;
(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.
(f) Permit not required for certain signs. No permit as required in division 4 of this article
shall be required for a sign satisfying the requirements referenced in subsection (c)(5) or
subsection (e) herein; 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 7: 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 8: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the 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 effect 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 9; 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 in an amount of not
more than 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 10: 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 affirmatiy^vote of the City Council of
Baytown, this the 19th day of May, 2008.
ATTEST:
-1EN H. DONCARLOS, Mayor
APPROVED AS TO FORM
IGNACIO RAMIREZ, SRACily Attorney
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